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