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CEB Minutes 05/27/1993 1993 Code Enforcement Board Minutes May 27, 1993 .' CODE ENFORCEMENT BOARD OF COLLIER COUNTY DATE: May 27, 1993 TIME: 9:00 A.M. PLACE: 3rd Floor Boardroom, Building "F", Collier County Government Center, Naples, Florida CEB ANDREWS L'ESPERANCE ALLEN PEDONE VARIE LAZARUS RAWSON STAFF PRESENT x X X X X ABS X CLARK MANALICH YOVANOVICH BARTOE KIRBY X X X X X (Arrived at 9:05 A.M. - MINUTES BY: Annette R. Guevin, Recording Secretary CALLED TO ORDER AT: 9:00 A.M. ADJOURNED: 11:12 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: May 27, 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 A. 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. B. BCC vs. Naples Village Square Assoc. Ltd. Partnership CEB No. 93-006 C. BCC vs. Donald L. Stoneburner, Estate and Gulf Materials Recovery and Artificial Reefs, Inc. CEB No. 93-007 D. BCC vs. Goodland Bay Marina, Inc. CEB No. 93-008 E. BCC vs. Steve Lefes and Dorothy C. Lefes CEB No. 93-009 5. NEW BUSINESS N/A f 6. OLD BUSINESS . N/A 7. REPORTS N/A 8. NEXT MEETING DATE 9 . ADJOURN June 24, 1993 CODE ENFORCEMENT BOARD OF COLLIER COUNTY Tape #1 (25) ITEM : COI8IEII'l'S: MaTIO.: (.9) I'l'BM: CO~TS: MOTIO.: (77) ITEM : COMOn.TS: MAY 27, 1993 Approval of the Agenda Mr. L'Esperance noted an amended Agenda has been submitted by Staff. Chairman Pedone pointed out on the Agenda, Item #4B should be corrected to pertain to CEB No. 93-007, and Item #4C is in regards to CEB No. 93-006. Made by Mr. L I Bsperance to approve the Aaended Agenda .. corrected above. Seconded by Mr. Allen. Carried 5/0. ..... Approval of Minutes - April 22, 1993 Mr. Andrews referred to page 11 of the Minutes of April 22, 1993, and stated the last two motions should be corrected to reflect a 5/1 vote. Made by Mr. Andrews to approve the Minutes of April 22, 1993, as corrected above. Seconded by Mr. LIBsperance. Carried 5/0. ..... ... Ms. Rawson arrived at this tiae. ... Requests by BLBA Developaent Corp., Montclaire Building Corp., and Deauville Lake Club Dev. Corp., for the CBB to consider reaoval of the filings of the respective Orders of the Board froa the public records. Kenneth Meadvin, representing the petitioners, recalled the three corporate entities agreed to comply with certain conditions with regard to completion of amenity complexes at Embassy Woods, Deauville Lake Club and Montclaire. He noted the work is substantially under way and very good progress has been made. He said the master clubhouse facility has been substantially improved since the April 22nd CEB meeting, and the pool is basically completed. Page 2 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MAY 27, 1993 Mr. Meadvin explained the Findings of Fact contain mention of Chapter 162, Florida Statutes, and because of that reference, a lien has been created on the properties. He asked that the CEB amend the recordings of Findings of Fact to provide that a lien will not be in place until such time that the developer is not in compliance with the Orders of the Board. Code Enforcement Director Dick Clark questioned if the language is amended, will it lessen the ability of Collier County to effectuate the Orders and desired results? Assistant County Attorney Ramiro Manalich indicated his office may be able to accomplish the desired results of both Collier County and the Respondents, if the amended language is worded carefully. Chairman Pedone referred to a letter which he stated indicates the Respondents are not proceeding as planned at Deauville Lake. (Copy not provided to the Clerk to the Board.) Upon being sworn in by Mr. Clark, Code Enforcement Supervisor Tom Bartoe advised he has visited each of the three sites at least once per week since the last hearing, including this date between 8:30 and 9:00 A.M. He reported that no work has been done at Deauville Lakes. He said at the Embassy Woods clubhouse, he saw no activity until this morning when he noticed fill dirt had been brought in and people were working on the rough plumbing. He agreed some work has been done at Montclaire, specifically, the pool deck is in place, the coping is done and some fill has been placed around the pool. He provided the Board with current pho- tographs of the sites. (Copies not provided to the Clerk to the Board.) In response to Mr. Clark, Mr. Meadvin stated he is very conscious of the Order of the Board and indi- cated there will be no problem finishing the work within the specified time frame. The following person spoke regarding this item: Raymond Nevilbret (phonetic) Page 3 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTIO.: (790) CUB .0: RBsPOJmmrrs: LOCATIO. 01' VIOLATIOlf : CO'.l8ftS: MOTIOR: MAY 27, 1993 Made by Mr. Andrews to approve an aaendllent to the Order of the Board, clarifying that the Order is not a lien and only constitutes notice under Chapter 162 to subsequent purchasers, and will not be such a lien unless there is further Board action; and that the Chairaan is authorized to sign the aaended Order with the substance.. outlined. Seconded by Mr. Rawson. Carried 6/0. ..... 93-007 Naples Village Square Ltd. Partnership, represented by Bob Henning, Manager of Village Square Apartments 1900, 1916, 1936, 1944, 1960, 1984, 2000 and 2050 Sunshine Boulevard; and 4546, 4566, 4600 and 4626 Sunset Road, Naples, Florida Upon being sworn in by Mr. Clark, Bob Henning stated he has the authority to represent the owner of the subject property. Mr. Clark recalled Compliance Services received a complaint that the landscaping required by the Land Development Code has not been maintained properly. He referred to Composite Exhibit "A" in Case No. 93-007, and asked that it be admitted into evi- dence. Assistant County Attorney Richard Yovanovich noted a few of the documents fail to refer to the Respondent's full name, specifically, "Associates" has been left out. In answer to Mr. Clark, Mr. Henning agreed to accept amendments Composite Exhibit "A" to correctly identify the Respondent. Chairman Pedone pointed out that on page 5 of Composite Exhibit "A", the year 1993 should correctly read 1992. Made by by Mr. LIBsperance to accept Coaposite Exhibit nAil into evidence. Seconded by Ms. Rawson. Carried 6/0. Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOT lOR (1296) CUB RO.: RBSPOIIDD"fS : LOCATIO. 01' VIOLATIOR: CO.....'I'S: MAY 27, 1993 Responding to Mr. Clark, Mr. Henning stipulated that the violation exists as described in Composite Exh i bit " A II . Mr. Clark asked that the Board make a finding that the violation exists and recommended that the Respondent be given 60 days to bring said violation into compliance; and failing to do that, that a fine of $100 per day be imposed until such time as it is brought into compliance. Mr. Henning agreed that 60 days is sufficient time to bring the violation into compliance. He called attention to the median in front of the buildings on Sunshine Boulevard, and stated if it could be improved by Collier County, it would enhance the landscaping of that entire section of Golden Gate. He also noted there are several other properties that need to be brought into compliance. Mr. Clark thanked Mr. Henning for bringing the situation to his attention, and agreed to contact Staff in Transportation Services to request impro- vements to the median. Made by Mr. L I Bsperance that, in CBB Case 80. 93-007, Respondent is to correct the violation pur- suant to the I'indings of Pact, Conclusions of Law and Order of the Board on file in the Clerkla Office. Seconded by Mr. Andrews. Carried 6/0. ..... 93-006 Donald L. Stoneburner, Estates; Darlene Stoneburner Lofgren and Kevin Stoneburner as Co-Personal Representatives; and Gulf Materials Recovery and Artificial Reefs, Inc., Joseph Lombardo, President 2330 Corporation Boulevard, Naples, Florida Mr. Clark explained a recovery operation was set up by Mr. Joseph Lombardo, President, d/b/a Gulf Materials Recovery and Artificial Reefs, Inc., on the subject property. He said approximately 1,200 tons of litter, 10-20 feet in height exist on the Page 5 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MAY 27, 1993 site and Collier County has received several complaints about rats. Upon being sworn in by Mr. Clark, Attorney Jerry Pitkin (phonetic) stated he represents the Stoneburners. He indicated he is aware of the problem and advised that clean-up of the site was initiated approximately two weeks ago. He noted the clean-up efforts will cost approximately $100,000. In response to Mr. Clark, Attorney Pitkin stipu- lated that the violation exists and that 90 days will be sufficient time to correct the problem. Assistant County Attorney Yovanovich noted the warranty deed states Mr. Stoneburner as the per- sonal representative of Darlene Stoneburner Lofgren, transferred or conveyed the property to Trade Center of Naples Limited. Attorney Pitkin advised that he represents Mr. Stoneburner who has legal control of the property. Attorney Patrick Neale stated he is the represen- tative of Gulf Materials Recovery and Artificial Reefs, Inc. He explained the operations were not conducted by Mr. Lombardo, but were conducted by a corporate entity known as Gulf Materials Recovery and Artificial Reefs, Inc., therefore, Mr. Lombardo has no personal responsibility in this matter. Further, he commented that part of the accumulation was caused by an inability of Mr. Lombardo to per- form because of some actions taken by the landlord. He stated based on those exceptions, he is willing to stipulate that the violation exists and that the corporation was at least in part responsible for the placement of the debris. In response to a request from Attorney Pitkin, Attorney Neale indicated it is his understanding that Commercial Clean-Up was the sole source collector for this operation, supplied all the materials and made all payments to Gulf Materials Recovery and Artificial Reefs, Inc. He said the landlord told Commercial Clean-Up not to deliver any further materials and to cease paying his client, at which point his client was unable to further process material because of a lack of cash flow, therefore, he shut down the business. Page 6 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTIOR: COI.1BJI"l S : MO'l'IOR: CO..IA.uS: MO'!'IOJI : MAY 27, 1993 Made by Ms. Rawson that COllpOsite Exhibit "An be adaitted into evidence in Case Ro. 93-006. Seconded by Mr. Andrews. Carried 6/0. Mr. Clark requested, based on the admission of both legal representatives, that the Board enter a finding that the violation does exist, that the Co-Respondents are both in violation, that they be given a period of 90 days to remove the violation and failing to do that, that a fine of $250 per day be imposed. Made by Ms. Rawson that in CBB Case Ro. 93-006, Co-Respondents are to correct the violation pur- suant to the Pindings of Pact, Conclusions of Law and Order of the Board on file in the Clerkls Office. Seconded by Mr. Andrews. Attorney Neale requested that Mr. Joseph Lombardo's name be deleted as a Respondent in this case and that the Co-Respondent be identified as Gulf Materials Recovery and Artificial Reefs, Inc. Assistant County Attorney Yovanovich concurred. Made by Ma. _on that the above aotion be _nded to delete any reference to Mr. Joseph Loabardo, and that the Co-Respondent is Gulf Materials Recovery and Artificial Reefs, Inc. Seconded by Mr. Andrews. Carried 6/0. ... Rece.sed: 9:55 A.M. (1952) CUB RO: RBSPOlmD"f : LOCATIOR 01' VIOLATIOR: COI.Ilb..TS: Reconvened: 10:15 A.M. ... 93-008 Goodland Bay Marina, Inc., David Law, President and Rita Law, Secretary Treasurer 604 East Palm Avenue, Goodland, Florida Mr. Clark stated Case No. 93-008 references two Respondents. He clarified Staff is seeking action against the lessee, Goodland Bay Marina, Inc., and not the owner of the property. He noted no repre- sentatives of Goodland Bay Marina, Inc., are pre- sent at this public hearing. Page 7 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTIOR: COUNBBrs: MAY 27, 1993 Mr. Clark swore in Mike Kirby, Environmental Investigator for Code Enforcement. Mr. Kirby stated after notices were sent of this hearing, he made a fOllow-up phone call on May 24th, and informed Mr. Law that he should be present. Made by Mr. Andrews to adait Coaposite Exhibit "An in Case Ro. 93-008 into evidence. Seconded by Mr. Allen. Carried 6/0. Mr. Clark asked Mr. Kirby to address his involve- ment in this case. Mr. Kirby advised the Board that the condominiums adjacent to the subject property initiated a complaint that Goodland Bay Marina, Inc., was not living up to its Site Development Plan require- ments, by parking boats and putting fill in reten- tion areas. He stated upon personal investigation, he discovered five violations; specifically, elimi- nation of the water retention areas; allowable restaurant seating was exceeded; minimum parking spaces required were not provided; alterations were made without required permits for the machine shop area and the bulkhead entrance; and deficient landscaping. He noted after speaking with Mr. Law, he has submitted a revised SDP, which is currently in Project Review Services, and obtained two after- the-fact permits. He added Mr. Law understands that because he has increased the parking area, he must also increase the water retention area. In answer to Mr. Clark, Mr. Kirby agreed that 45 days will be adequate time to bring Goodland Bay Marina, Inc., into compliance with a revised Site Development Plan. Mr. Andrews inquired if most of the violations were caused by Hurricane Andrew? Mr. Kirby responded that Hurricane Andrew exacer- bated existing problems. Mr. Clark concluded by asking that the CEB enter a finding that the five above referenced violations exist, that Goodland Bay Marina, Inc., be given 45 days to bring the property into compliance with either the original or a revised Site Development Plan, and failing to do that, a fine of $150 per day for each violation be imposed. Page 8 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MO"l'IOW: (3295) CASK WO: RBSPOlmD"f : LOCATIO. 01' VIOLATIOW: COIMlWt'S : Tape #2 MOTIOW: MAY 27, 1993 The following person spoke regarding this item: Walter Heimrich Made by Mr. Andrews that in CBB Case Ro. 93-008, the Respondent is to correct the violations pur- suant to the Pindings of I'act, Conclusions of Law and Order of the Board on file in the Clerkls Office. Seconded by Mr. Allen. Carried 6/0. ..... 93-009 Steve Lefes and Dorothy C. Lefes 14501 Tamiami Trail, E. Mr. Clark notified the Board that the Lefes' con- tacted his office and advised they could not be at the public hearing because of health problems. However, he said, Mr. Rick Norgart is present and he is the lessee of the subject property. Upon being sworn in by Mr. Clark, Rick Norgart reported he has represented Mr. Lefes in the past, however, has not been asked to officially represent the Lefes at this hearing. He agreed that he is the lessee of the property, and the landscaping has been an on-going problem that he has been handling. In answer to Mr. Clark, Mr. Norgart indicated that 90 days will be sufficient time to correct the problem. He agreed to stipulate to providing the required amount of trees, adding he has already replanted the cypress trees three times in the past year. He said out of 48 cypress trees, only 31 remain alive and many of the palm trees were replanted due to Hurricane Andrew and subsequent wind storms. Made by Mr. Andrews to accept Coaposite Exhibit "A" into evidence in Case #93-009. Seconded by Ms. Rawson. Carried 6/0. Page 9 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MAY 27, 1993 Assistant County Attorney Yovanovich communicated his concern with whether or not Mr. Norgart is the authorized agent of the property owner. Mr. Clark asked the Board to find that both the property owner and Mr. Norgart have received notice and are responsible for the problem; that the violation exists; that six oak trees, 48 cypress trees and 21 sabal palms must be alive and well in 90 days and failing to do that, a fine of $100 per day be imposed. MOTIO.: Made by Mr. Allen that in CBS Case Ro. 93-009, the Respondent and the lessee are responsible for correcting the violation pursuant to the Pindings of Pact, Conclusions of Law and Order of the Board on file in the Clerkls Office. Seconded by Mr. LIBsperance. Carried 6/0. ..... There being no further business, the meeting was adjourned by Order of the Chair. CODE ENFORCEMENT BOA COLLIER COUNTY Page 10