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CEB Minutes 02/27/1992 1993 Code Enforcement Board Minutes February 27, 1992 . . CODE ENFORCEMENT BOARD OF COLLIER COUNTY DATE: February 27, 1992 TIME: 9:00 A.M. PLACE: 3rd Floor Boardroom, Building "F", Collier County Government Center, Naples, Florida CEB STAFF PRESENT - ANDREWS X CLARK X CONSTANTINE X ESPINAR X VARIE X KIRBY X LAZARUS X PRYNOSKI X PEDONE X VALCARCEL X STRAIN X WILSON X WILLIAMS EXC. MINUTES BY: Ellie Hoffman and Debby Farris, Deputy Clerks CALLED TO ORDER AT: 9:00 A.M. ADJOURNED: 11:40 A.M. PRESIDING: Monte Lazarus, Chairman ADDENDA TO THE AGENDA: None Page 1 -.-. CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA ASi.f;!!QA ~ Date: February 27, 1992, at 9:00 o'clock A.M. 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 January 23, 1992 4. PUBLIC HEARINGS A. Board of County Commissioners vs. Dominico and Angela Gadaleta CEB No. 92-002 B. Board of County Commissioners vs. J. & J. Enterprises, Inc. , James R. Baker CEB NO. 92-003 C. Board of County Commissioners vs. Anytime Simon Septic Services, Richard Simon CEBNo. 92-004 D. Board of County Commissioners vs. Monty's sanitation, Marvin Montgomery CEB No. 92-005 5. NEW BUSINESS Amended order for Aspen Lake Associates to be' signed by Chairma 6. OLD BUSINESS NIA 7. REPORTS NIA 8. NEXT MEETING DATE March 26, 1992 (Discussion during this meeting regarding the Election of the new Code Enforcement Board Chairman and Vice-Chairman will be held) 9 . ADJOURN -- CODE ENFORCEMENT BOARD OF COLLIER COUNTY COMMENTS: ITEM: COMMEBTS: MOTION: ITEM: MOTION: CASE NO.: RESPONDENT LOCATION OF VIOLATION: CQllIIIImftTS: FEBRUARY 27, 1992 *** Mr. Lazarus announced that his term on the Code Enforcement Board has expired, noting that the Board of County Commissioners has not acted on his reappointment. He advised that he will preside as Chairman but would not be voting on any issue. *** Changes to the Agenda Code Compliance Coordinator Valcarcel requested that CEB Case No.'s 92-003 and 92-005 be heard first since both are in compliance at this time. She stated that CEB Case No. 92-004 is also in compliance, however, the respondent is not present. Made by Mr. Strain to approve the agenda with changes as noted. Seconded by Mr. Pedone. Carried 5/0. *** Approval of Minutes - January 23, 1992 Made by Mr. Strain that the minutes of the January 23, 1992 meeting be approved as submitted. Seconded by Mr. Constantine. Carried 5/0. *** 92-003 J & J Enterprises, Inc., James R. Baker Collier County Florida After being sworn in by Code Compliance Coordinator Valcarcel, Mr. James Hagan advised that he is the representative for J & J Enterprises, Inc. Pollution Control Environmental Specialist Smith, after being sworn in by Ms. Valcarcel, stated that the monthly reports from J & J Enterprises, Inc. were tardy. He affirmed that he attended a meeting with Mr. Hagan and Ms. Valcarcel present. He Page 2 CODE ENFORCEMENT BOARD OF COLLIER COUNTY FEBRUARY 27, 1992 affirmed that Mr. Hagan provided the tardy reports at that meeting and at this point he is in compliance. In answer to Code Enforcement Supervisor Clark, Mr. Hagan acknowledged that his firm had been in viola- tion as charged, noting that he understands that any future violations would be brought before the CEB. Mr. Clark requested that Composite Exhibit "A" be admitted as evidence and recommended that any repeat violations would result in the imposition of a fine in the amount of $150 per day. Consensus of the Board was to accept Composite Exhibit "A'l into the record as evidence. In response to Mr. Lazarus, Mr. Clark advised that reports were tardy for the months of October, November and December, 1991. MOTION: Made by Mr. Strain that the Findings of Fact, Conclusions of Law and Order of the Board in Case No. CEB #92-003 are that this cause came on for public hearing before the Board on February 27, 1992 and the Board having heard testimony under oath, received evidence and heard arguments respec- tive to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law and Order of the Board as follows: that James R. Ragan is the representative of J & J Enterprises, Inc.; that the Code Enforcement Board has jurisdiction of the person of the Respondent and that James R. Ragan was present at the public hearing; that all notices required by Collier County Land Development Code No. 91-102 have been properly issued; that J & J Baker Enterprises, Inc. is in violation of Sections(s) 8 (2) and 13 (2) of Ordinance No. 87-79 in the following particulars: to allow October, November and December, 1991 monthly operating reports to be tardy. Conclusions of Law that J & J Baker Enterprises, Inc., is in violation of Section(s) 8 (2) of Collier County Ordinance No. 87-79, the Collier County Sludge Ordinance. Seconded by Mr. Andrews. Carried 5/0. MOTION: Made by Mr. Strain that based on the foregoing Findings of Fact and Conclusions of Law and pur- Page 3 CODE ENFORCEMENT BOARD OF COLLIER COUNTY CASE NO.: RESPONDENT LOCATION OF VIOLATION: COMMENTS: FEBRUARY 27, 1992 suant to the authority granted in Chapter 162, Florida Statutes, and Collier County Land Development Code No. 91-102 it is hereby Ordered: that the Respondent correct the violation of Section(s) 8 (2) and 13 (2), Collier County Ordinance No. 87-79 in the following manner: not to allow future reports to be tardy as outlined in Paragraph 4.A of the above Findings of Fact; that said corrections(s) be completed on or before the 28th day of February, 1992, and if Respondent does not comply with this Order on or before that date, then and in that event Respondent is hereby ordered to pay a fine of $150 per day for each and every day any violation described herein continues past said date. Failure to comply with the Order within the specified tiae will result in the recordation of a lien pursuant to Chapter 162, Florida Statutes, which may be foreclosed, and Respondent's property sold to enforce the lien. Done and Ordered this 27th day of February, 1992, at Collier County, Florida. Seconded by Mr. Constantine. Carried 5/0. *** 92-004 Anytime Simon Septic Service, Richard Simon Collier County Florida After being sworn in by Code Compliance Coordinator Valcarcel, Mr. Richard A. Simon stated that he is the sole owner of Anytime Septic Service. Pollution Control Environmental Specialist Smith explained that the violation has been corrected, however, the November and December, 1991 monthly operating reports were not submitted in a timely manner. He affirmed that he attended a meeting with Ms. Valcarcel and Mr. Simon and the tardy reports were submitted at that time. He revealed that compliance has been met at this time. Mr. Simon stipulated that he had been in violation, as charged but he has brought the violation into compliance. Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY FEBRUARY 27, 1992 Mr. Clark requested that Composite Exhibit "A" be admitted as evidence. Consensus was to admit same into the record as evidence. In answer to Assistant County Attorney Wilson, Mr. Simon replied that his company is not a cor- poration. Ms. Wilson advised that the record should be made clear that the pleading is to be amended to reflect that the charges are against Richard Simon, the Individual. Mr. Pedone pointed out that Composite Exhibit "A" indicates that Mr. Simon has previously been cited on several occasions going back to 1990 for sub- mitting tardy reports. Mr. Clark replied because of those previous citations, staff is recommending that a fine of $200 per day be imposed for any future violations. The evidentiary record was closed at this time. MOTION: Made by Mr. Constantine that the Findings of Fact, Conclusions of Law and Order of the Board in Case No. CEB #92-004 are that this cause came on for public hearing before the Board on February 27, 1992 and the Board having heard testimony under oath, received evidence and heard arguments respec- tive to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law and Order of the Board as follows: that Richard Simon is the president and owner of record of the subject property; that the Code Enforcement Board has jurisdiction of the person of the Respondent and that Richard Simon was present at the public hearing; that all notices required by Collier County Land Development Code No. 91-102 have been properly issued; that Richard Simon D/B/A Anytime Simon Septic Service is in violation of Sections(s) 8 (2) and 13 (2) of Ordinance No. 87-79 in the following particulars: to allow November and December, 1991 operating reports to be tardy. Conclusions of Law that Richard Simon was in viola- tion of Section(s) 8 (2) and 13 (2) of Collier County Ordinance No. 87-79, the Collier County Sludge Ordinance. Seconded by Mr. Andrews. Carried 5/0. MOTION: Made by Mr. Constantine that based on the foregoing Findings of Fact and Conclusions of Law Page 5 CODE ENFORCEMENT BOARD OF COLLIER COUNTY CASE NO.: RESPONDENT LOCATION OF VIOLATION: COMME1tTS : FEBRUARY 27, 1992 and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Land Development Code No. 91-102 it is hereby Ordered: that the Respondent has corrected the violation of Section(s) 8 (2) and 13 (2), Collier County Ordinance No. 87-79 and should continue to correct those in the following manner: not to allow the reports to be tardy in the future, as outlined in Paragraph 4.A of the above Findings of Fact; that said corrections(s) not occur on or after the 28th day of February, 1992, and if Respondent does not comply with this Order on or before that date, then and in that event Respondent is hereby ordered to pay a fine of $200 per day for each and every day any violation described herein continues Past said date. Failure to comply with the Order within the specified time will result in the recordation of a lien pursuant to Chapter 162, Plorida Statutes, which may be foreclosed, and Respondent's property sold to enforce the lien. Done and Ordered this 27th day of February, 1992, at Collier County, Florida. Seconded by Mr. Andrews. Carried 5/0. Mr. Lazarus explained the importance of timely reporting and proper sludge disposal. He reminded Mr. Simon of the potential imposition of a fine in the amount of $200 per day for any future viola- tions. *** 92-005 Monty's Sanitation, Marvin Montgomery Collier County Florida After being sworn in by Code Compliance Coordinator Valcarcel, Mr. Marvin Montgomery explained that he is the sole owner of Monty's Sanitation. Pollution Control Environmental Specialist Smith, divulged that the problems relative to this case are non-compliances with regard to the stabiliza- tion of sludge during the disposal of materials. He revealed that the stabilization is the addition Page 6 CODE ENFORCEMENT BOARD OF COLLIER COUNTY FEBRUARY 27, 1992 of lime for a two hour time frame to ensure that the pathogenic organisms and odors are under control. Mr. Smith reported that during the time frames of December 6, 1991 and January 24, 1992, Pollution Control Staff observed Monty's Sanitation disposing of unstabilized sludge at Piper's Pasture. He noted that Mr. Montgomery had requested if one of his haulers were in violation of any Section of the Ordinance with regard to sludge disposal that he be notified and staff reported same. Mr. Smith explained that Mr. Montgomery is pursuing a lime stabilization facility and has hired Wilson, Miller, Barton & Peek, Inc. to undertake the engi- neering of the facility which he will keep on site. With regard to future application, he stated that the haulers would transport the sludge from the field and place it into the lime stabilization facility at Mr. Montgomery's place of business. In response to Mr. Constantine, Mr. Smith replied that sludge contains many disease causing orga- nisms, in addition to metals, nutrient values which could contaminate the ground water supply. He indicated if the materials are not stabilized in a fashion to remove the disease causing organisms, there is the potential of same reaching the potable water source. He noted that hepatitis could be carried through the contaminated ground water supply if the materials have not been stabilized properly. Mr. Clark advised that Mr. Montgomery was right- fully concerned about this violation and imme- diately terminated his employee. Mr. Montgomery affirmed that he realizes the seriousness of this offense. He remarked that at the present time, he or his superintendent per- sonally check the trucks each morning to make sure the drivers have lime on board. He indicated that via radio contact, the location is known of each truck's last pick up and either he or his superin- tendent meet the driver between the last pick up and the dump site to check the truck. He revealed that he is in the process of obtaining a permit to build the lime stabilization plant on his property. Page 7 CODE ENFORCEMENT BOARD OF COLLIER COUNTY FEBRUARY 27, 1992 Mr. Strain questioned whether any individuals in Collier County are presently in danger of health hazards due to the illegal dumping that has occurred. Mr. Smith replied that at this par- ticular time, the monitoring wells do not indicate so. Mr. Clark asked that the Board enter a finding that supports the evidence that a violation did exist and that a $250 fine per day be imposed for any repeat violations. Mr. Clark requested that Composite Exhibit "A" be admitted as evidence. Consensus was to admit same into the record. The evidentiary record was closed at this time. MOTION: Made by Mr. Strain that the Findings of Fact, Conclusions of Law and Order of the Board in Case No. CEB #92-005 are that this cause came on for public hearing before the Board on Pebruary 27, 1992 and the Board havino heard testi80ny under oath, received evidence and heard arauaents respec- tive to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law and Order of the Board as follows: that Marvin Montgomery is the president and owner of record of the subject property; that the Code Enforcement Board has jurisdiction of the person of the Respondent and that Marvin Montgomery was present at the public hearing; that all notices required by Collier County Land Development Code No. 91-102 have been properly issued; that Monty's Sanitation and Marvin Montgomery are in violation of Section 13 of Ordinance No. 87-79 in the following particulars: improper disposal of sludge without meeting the disposal criteria. Seconded by Mr. Constantine. Carried 5/0. MOTION: Made by Mr. Strain that Marvin Montgomery is in violation of Section 13 of Collier County Ordinance No. 87-79, the Collier County Sludge Ordinance. Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Land Development Code Bo. 91-102 it is hereby Ordered: that the Respondent correct the violations of Section 13, Collier County Ordinance Page 8 CODE ENFORCEMENT BOARD OF COLLIER COUNTY FEBRUARY 27, 1992 No. 87-79 in the following manner: that he will continue to dispose of sludge in a proper manner, as required by the Ordinance and disposal criteria, as outlined in Paragraph 4.1. of the above Findings of Fact; that some mitigating actions have been taken and if there are further occurrences after the 28th of February, 1992, and if Respondent does not comply with this Order on or before that date, then and in the event Respondent is hereby ordered to pay a fine of $250 per day for each and every day any violation described herein continues past said date. Failure to comply with the Order within the specified time will result in the recordation of a lien pursuant to Chapter 162, Plorida Statutes, which may be foreclosed, and Respondent's property sold to enforce the lien. Done and Ordered this 27th day of February, 1992, at Collier County, Florida. Seconded by Mr. Pedone. Carried 5/0. *** Recess: 9:55 A.M. - Reconvened: 10:05 A.M. at which time Deputy Clerk Farris replaced Deputy Clerk Roffaan *** CASE NO: 92-002 RESPOBDEllTS: Dominico and Angela Gadaleta LOCATION OF VIOLATION: The N 1/2 of the N 1/2 of the N 1/2 of the NE 1/4 of Section 10, Township 48 South, Range 25 East, Parcel 10, and referred to as the Gadaleta PUD and Coll1er County SDP 90-32. COMMENTS: Code Enforcement Supervisor Clark presented Case No. 92-002 explaining there were some trees removed and sites altered which resulted in a violation of several Collier County Ordinances. Code Enforcement Official Espinar, after being sworn in by Mr. Clark, outlined the complaint com- mencing with the telephone call received on October 7, 1991 regarding land alteration taking place at the Gadaleta site. He confirmed inspection revealed the parking lot had been paved, the two 50' buffers which were to be left intact were in the process of being removed, both scrub preserves were eradicated, and the area was sodded, all in violation of PDA 89-6 and SDP 90-32. Page 9 CODE ENFORCEMENT BOARD OF COLLIER COUNTY FEBRUARY 27, 1992 Bruce Anderson, representing Mr. and Mrs. Gadaleta, acknowledged his clients are present today and have commenced mitigation on-site in the buffer areas while working with staff in an attempt to reach agreement on a mitigation plan, considering both off-site and on-site mitigation. He requested this Board allow 90 days to complete the replanting which has commenced on-site, and to reach agreement for the acquisition of lands on-site to mitigate. Mr. Clark requested that ownership of the subject property not be transferred until such time as mitigation is complete, and Attorney Anderson stated that is fine. Mr. Clark asked Mr. Espinar if the proposed stipu- lations and plans concur with staff's recommen- dations, and he answered in the affirmative. In compliance with Mr. Clark's request, Mr. Espinar reported the asphalted concrete has been removed from the parking lot area, the sod has all been removed except in the permitted areas, and the two 50' buffer areas as well as the wetland area on the south side have an approved mitigation plan sub- mitted by Todd Turrell which has been accepted by staff. He stated only the purchase of land off- site to compensate for the habitat loss of the two scrub preserve areas has not been resolved, and ninety days have been granted for a plan to be developed and presented to the Board. In response to Chairman Lazarus, Mr. Espinar con- firmed, on-site, everything is being restored under the terms of the previous PUD approval that can be restored; that the sod has been taken care of in conformance to the original approval; the parking lot has been satisfactorily restored; and the buffer zones are presently being restored pursuant to a planting plan approved by staff, with a request that 90 days be allowed in which to purchase and install vegetation pursuant to stipu- lations by staff. In reply to Chairman Lazarus, Mr. Clark requested this Board accept the evidence presented at this time and stipulate that a fine of $250 a day be imposed if the on-site mitigation is not completed within 90 days and, further, that this matter be Page 10 CODE ENFORCEMENT BOARD OF COLLIER COUNTY FEBRUARY 27, 1992 brought back before the Board to address off-site mitigation,. In answer to Mr. Strain, Mr. Espinar stated that the matter relating to the Gopher Tortoises and their destroyed burrows has been referred to the Fish and Game Commission. Mr. Clark interjected that the Gopher Tortoise burrows cannot be recreated, and Mr. Espinar con- curred. Mr. Strain remarked that a $250 a day fine, based on the blatant disregard for prior agreements on this particular PUD, does not seem sufficient. He suggested the fine be imposed at $250 a day per each PUD violation per square foot of altered pro- perty. Mr. Clark stated staff could support the $250 a day per violation fine should the matter not be brought into compliance within the specified period of time. Chairman Lazarus expressed concern over the inabi- lity to cope with a knowing and willful violation, and Mr. Clark replied that staff does intend to pursue this matter in Court should the mitigation not be carried out as planned. Attorney Anderson referred to the admission state- ment signed by his client and stated he is not prepared to characterize the actions of his client as a willful and knowing violation. Attorney Anderson remarked he has no objection to admission of Composite Exhibit "A" into evidence as long as the plea agreement is accepted, and Chairman Lazarus stated the exhibit will be admitted into evidence. MOTION: Made by Mr. Strain that the Findings of Fact, Conclusions of Law and Order of the Board in Case No. 92-002 are that this cause came on for pUblic hearing before the Board on February 27, 1992, and the Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law and Order of Page 11 CODE ENFORCEMENT BOARD OF COLLIER COUNTY COMNBJri : MOTION: FEBRUARY 27, 1992 the Board as follows: That Dominico and Angela Gadaleta are owners of record of the subject pro- perty; that the Code Enforcement Board has juris- diction of the person of the Respondent and that Bruce Anderson, representing the owners, was pre- sent at the public hearing; that all notices required by Collier County Land Development Code 91-102 have been properly issued; that the real proPerty legally described as the N 1/2 of the N 1/2 of the N 1/2 of the ME 1/4 of Section 10, Township 48 South, Range 25 East, Parcel 10, is in violation of Ordinance 89-84, amended by PDA 89-6, which established Gadaleta POD and Collier County Site Development Plan 90-32 in the following par- ticulars: removal of vegetation fro. preserve areas and of two fifty (50) foot buffers, preserve area sodded, parking lot paved with asphaltic concrete. Seconded by Mr. Constantine. Motion carried 5/0. Chairman Lazarus announced the evidentiary record will now be closed. Made by Mr. Strain that the Conclusions of Law are that Dominica and Anaela Gadaleta are in violation of Ordinance 89-84 ..ended by PDA 89-6, which established Gadaleta POD and Collier County Site Developaent Plan 90-32. Based upon the foregoing Pindinas of Fact and Conclusions of Law, and pur- suant to the authority granted in Chapter 162, Florida Statutes, and Collier County Land Developaent Code No. 91-102, it is hereby Ordered that Respondent correct the violation of Ordinance No. 89-84 ..ended by PDA 89-6, which established Gadaleta POD and Collier County Site Development Plan 90-32 in the following manner: Restoration of vegetation in the preserve areas and the two fifty (50) foot buffers, as approved by Collier County staff; remove sod from the preserve areas and other areas, as directed by Collier County staff; remove the asphaltic concrete from the parking lot paved area, as directed by Collier County staff; and additional mitigation of off-site land to be approved by Collier County staff as outlined in the above Findings of Fact; that said corrections be completed on or before the 1st day of June, 1992 and, if Respondent does not comply with this Order on or before that date, then and in that event Respondent is hereby ordered to pay a fine of Page 12 CODE ENFORCEMENT BOARD OF COLLIER COUNTY COMMENT : AMElIDMEIfr TO MO'l'IOB: COIBUC1l'l' : FEBRUARY 27, 1992 $250.00 per day for each violation of the POD per day per parcel of land for each and every day that said violation described herein continues past said date. Failure to comply with the Order within the specified time will result in the recor- dation of a lien pursuant to Chapter 162, Florida Statutes, which may be foreclosed, and Respondent's property sold to enforce the lien. Done and Ordered this 27th day of February, 1992. Seconded by Mr. Pedone. Mr. Espinar pointed out that the scrub preserves cannot be restored back to their original state due to the dominant vegetation requiring hundreds of years to grow, and thus the request for purchase of unlike habitat at a ratio of approximately 20-to-1. Discussion ensued regarding mitigation possibili- ties. Chairman Lazarus amended the Motion to reflect that any agreement contain a stipulation to restore the area as completely as possible, understandinG it cannot be totally restored to its original state, that it be placed into perpetuity as conservation area and, additionally, there be a reauireaent to purchase off-site property at whatever ratio is deeaed proper under the circumstance, and Messrs. Strain and Pedone accepted the AmendJaeDt. At Attorney Anderson's request, and after Chairman Lazarus pointed out the evidentiary record has been closed and, thus, the following comments are for discussion purposes only, Jami Ensor, Environmental Specialist for Turrell & Associates, discussed the options of possibly revegetating the scrub areas and buying off-site mitigation in kind on a 3-to-1 ratio, concluding that off-site mitigation is the more realistic solution. She argued the scrub areas are within a conservation area and, though Respondents are not allowed in the area, that situation may not continue in perpetuity. She stated Respondents are willing to mitigate on a 20-to-1 ratio off-site. Discussion ensued regarding Ms. Ensor's proposal of mitigation. Page 13 CODE ENFORCEMENT BOARD OF COLLIER COUNTY FEBRUARY 27, 1992 Assistant County Attorney Wilson cautioned the Board that the evidentiary record has been closed and expressed concern about testimony by Ms. Ensor at this time. Discussion ensued regarding the intent of the Motion made by Mr. Strain. MOTION: Made by Mr. Constantine to table the pending Motion made by Mr. Strain. Seconded by Mr. Strain. Carried 5/0. MOTION: Made by Mr. Constantine to reopen the evidentiary record. Seconded by Mr. Strain. Carried 5/0 COMMEBT : In response to Mr. Constantine, Mr. Espinar sum- marized the history of this project, relating same was given a permit for a driving range for a period of seven years. Jami Ensor was sworn in by Ms. Valcarcel. MOTION: Made by Mr. Strain to ratify previous testimony by Ms. Ensor. Seconded by Mr. Constantine. Carried 5/0. COIemN"f': In response to Mr. Pedone, Mr. Espinar verified the PUD provided for the subject areas being set aside as conservation areas. In response to Mr. Strain, Mr. Espinar acknowledged a plan has been accepted by staff regarding the two fifty (50) foot buffers and wetland, but no plan has been accepted for revegetation of the scrub oaks on-site. Assistant County Attorney Wilson clarified that, from a legal point of view, mitigated lands cannot be used to expand the uses on one's property. Environmental Inspector Kirby, after being sworn in by Ms. Valcarcel, advised the subject areas can be converted into a number of other rare communities, including a Turkey Oak Scrub area or a Sand Pine Scrub area. In reply to Mr. Constantine, Mr. Clark agreed the Board has the latitude to require that as much on- site restoration take place as possible with addi- tional off-site mitigation to occur as well. Page 14 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: MOTION: CONIoiJEh.&. S : ITEM: COMMENT: FEBRUARY 27, 1992 Attorney Anderson voiced objection to the admission of any Affidavits for which a witness is not pre- sent. Following discussion regarding the length of time necessary to develop a mitigation plan and imple- mentation of same, Mr. Clark suggested 45 days be allowed to develop an agreeable mitigation plan, with said plan to be implemented within 90 days, and it was the consensus that the suggested time frame was acceptable. Consensus was to close the evidentiary record. *** Recess: 11:16 A.M. - Reconvened: 11:29 A.M. *** Made by Mr. Strain to address Section 1 of the Order of the Board bv leaving intact in said Section the items concerning the sod and asphalted concrete from the prior tabled Motion, changing It.. A, which discusses the preserve areas and the two fifty (50) foot buffers, to reflect that Respondent will restore the two fifty (50) foot buffers and will restore to the maximum extent possible the xeric scrub area known as the preserve area under a plan satisfactory to County Staff, such plan to be agreed upon by County Staff .on or before 3une 1, 1992 and include ele-.nts of off- site mitigation satisfactory to staff. Seconded by Mr. Pedone. Carried 5/0. Assistant County Attorney Wilson requested she be given Mr. Strain's notes to insure the exact wording of the Motion, and Mr. Strain voluntarily submitted his notes to counsel (copy not provided for the record). *** New Business Amended Order for Aspen Lake Associates to be signed by Chairman Assistant County Attorney Wilson identified the pleading before this Board as a Second Amended Stipulated Order in the Board of County Commissioners vs. Aspen Lakes Associates case, CEB #91-006, concluding same is necessary to bring clo- Page 15 CODE ENFORCEMENT BOARD OF COLLIER COUNTY FEBRUARY 27, 1992 sure on this matter. She relayed staff's recommen- dation for acceptance of the terms of said Order and verified she finds it legally sufficient. MOTION: Made by Mr. Strain to approve the Amended Order for Aspen Lakes Associates. Seconded by Mr. Pedone. Carried 5/0. *** ITEM: COMMENT: Old Business Mr. Constantine questioned the status of the letter directed to be forwarded to Mr. Williams. Assistant County Attorney Wilson pointed out that Mr. Williams! term has expired without his applying for reappointment. She explained that she could not send the letter in question based solely on the direction of this Board as it also must be approved by the Board of County Commissioners. Brief discussion ensued regarding absenteeism. *** There being no further business, the meeting was adjourned by Order of the Chair. CODE ENFORCEMENT BOARD OF COLLIER COUNTY Monte Lazarus, Chairman Page 16