CEB Minutes 05/28/1992
1993
Code
Enforcement
Board
Minutes
May 28, 1992
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
DATE:
May 28, 1992
TIME:
9:00 A.M.
PLACE:
3rd Floor Boardroom, Building "F", Collier County
Government Center, Naples, Florida
-
CEB
STAFF PRESENT
ANDREWS
VARIE
LAZARUS
PEDONE
STRAIN
L'ESPERANCE
x
X
X
X
X
X
CRONIN
WILSON
CRUZ
X
X
X
MINUTES BY: Debby Farris, Deputy Clerk
CALLED TO ORDER AT:
9:00 A.M.
ADJOURNED: 10:10 A.M.
PRESIDING: Mike Pedone, Chairman
ADDENDA TO THE AGENDA:
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA
IdL~ !f .Q 8
Date: May 28, 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 March 26, 1992
4. PUBLIC HEARINGS
A. Board of County Commissioners vs. Joseph F. Kelly and
Debera Kelly CEB No. 92-007
5. NEW BUSINESS
A. Request from Respondent for modification of the Order of the
Board re: Case No. 91-015, Board of County Commissioners vs.
Mark Irgang and Sally Irgang
B. Request for Imposition of Fines for Case No. 91-015
Board of County Commissioners vs. Mark Irgang and Sally Irgang
C. Request for Imposition of Fines for Case No. 91-019
Board of County Commissioners vs. Moses W. Howard
6. OLD BUSINESS
N/A
7. REPORTS
8.
N/A
NEXT MEETING DATE
June 25, 1992
9 . ADJOURN
--
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
ITEM :
COMI-dtuTS:
MO"f'IOR:
ITEM :
MOTIOR:
CASE RO.:
RESPOlfDEIn'S :
LOCATIOR OP
VIOLATIOR:
CONMENTS:
MOTIOR:
COIMBJITS :
MO"f'IOR:
MAY 28, 1992
***
Changes to the Agenda
Maria Cruz reported that Item 5C, Request for
Imposition of Fines for Case No. 91-019, Board of
County Commissioners vs. Moses W. Howard, has been
postponed.
Made by Mr. Lazarus to approve the agenda as
amended. Seconded by Mr. Varie. Carried 6/0.
***
Approval of Minutes - March 26, 1992
Made by Mr. Andrews that the minutes of the March
26, 1992 meeting be approved as submitted.
Seconded by Mr. Strain. Carried 6/0.
***
92-007
30seph F. Kelly and Debera Kelly
1590 Silver Sands Ave., Naples, Florida, more par-
ticularly described as Four Seasons, Lot 33
Maria Cruz, Code Enforcement Coordinator, stated
the Respondents have been served with the proper
Notice of Violation and have indicated they will
not be present. She identified Composite Exhibits
"A" and "B" and requested that they be entered
into evidence.
Made by Mr. Varie to accept COmPOsite Exhibits "A"
and "B" into evidence. Seconded by Mr. Lazarus.
Carried 6/0.
Ms. Cruz advised that the Composite Exhibits have
been discussed with the Respondents, who in turn
have agreed to stipulate to the charges.
Made by Mr. Strain that, in CEB Case Ro.92-007,
Respondents are to correct the violations pursuant
to the Pindings of Pact, Conclusions of Law and
Order of the Board on file in the Clerk's Office.
Seconded by Mr. Lazarus. Carried 6/0.
Page 2
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
CASE RO.:
RESPOlmEJrrS:
RBQOESTIRG:
COMiIBlITS :
MOTIOR:
COMMEIn'S :
MAY 28, 1992
***
91-015
Mark Irgang and Sally Irgang
Modification of Order of the Board
After being sworn in by Ms. Cruz, Mark Irgang
explained the purpose of his request and
appearance today.
Upon Code Enforcement Supervisor Dick Clark
inquiring why the Orders of the Board were not
carried out and the violations removed, Mr. Irgang
commented he really did not know what was expected
of him regarding things he needed to do. He com-
mented on the difficulties he had encountered in
retaining an environmental consultant in order to
comply with the County's directions. He distri-
buted a handout comprised of a copy of his letter
to Mr. Don Loving of South Florida Water
Management District as well as correspondence from
Gary Beardsley of Tropical Environmental
Consultants.
Mr. Irgang requested that a copy of a letter to
Assistant County Attorney Wilson dated March 31st
allegedly requesting an extension of time be
introduced into evidence (copy not provided for
the record).
Made by Mr. Lazarus to accept the letter from Mr.
Irgang to Assistant County Attorney Wilson dated
March 31st into evidence designated as Exhibit
"A". Seconded by Mr. Andrews. Carried 6/0.
Upon being sworn in by Ms. Cruz, Environmental
Investigator Marco Espinar offered testimony
regarding staff's investigation of the site in
question and confirmed that an inspection last
week revealed it is still in noncompliance with no
progress having been made. He elaborated on the
compliance process.
After being sworn in by Mr. Clark, Fred J.
Edwards, Civil Engineer and Contractor, offered
testimony regarding his endeavors with Mr. Irgang
to resolve the issue of noncompliance and outlined
some of those solutions.
Page 3
CODE ENFORCEMENT BOARD OF COLLIER COUNTY
MAY 28, 1992
Following brief discussion, Assistant County
Attorney Wilson requested that a copy of her
letter to Mr. Irgang dated April 6, 1992 be intro-
duced into evidence.
MOTIOR:
Made by Mr. Lazarus to accept the letter from
Assistant County Attorney Wilson into evidence.
Seconded by Mr. Andrews. Carried 6/0.
COll8-lEti rs :
Mr. Strain stated that, upon advice of Assistant
County Attorney Wilson, he will not be voting as
he was not present at the initial hearing.
Mr. Lazarus requested that Mr. L'Esperance abstain
from voting as well due to his absence from the
initial hearing and Assistant County Attorney
Wilson concurred.
Mr. Lazarus pointed out the fine is not $8,800 for
each and every day the violation exists and
requested to rephrase the Order Imposing Fine/Lien
to read, ".. . ORDERED, that Respondent pay to
Collier County a fine in the amount of eight
thousand eight hundred dollars ($8,800.00) for the
period of time the violation has been committed
and that a continuing fine of two hundred dollars
($200.00) per day shall be imposed for each and
every day the violation continues to exist
at: . . . II .
MOTIOR:
Made by Mr. Lazarus that the request of Mr.
Irgang be denied and the fines be imposed as
reflected in the Order Imposing Fine/Lien.
Seconded by Mr. Andrews. Carried 4/0 (Messrs.
Strain and L'Esperance abstained).
***
There being no further business, the meeting was adjourned by
Order of the Chair.
CODE
ENFo.'1'RCEME;NT B~~Rn)JF
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COLLIER COUNTY
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