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CEB Minutes 08/27/1992 1993 Code Enforcement Board Minutes August 27, 1992 / I \ , . ,.) , .. '.. ./ \ \. .. DATE: TIME: PLACE: CODE ENFORCEMENT BOARD OF COLLIER COUNTY August 27, 1992 9:00 A.M. 3rd Floor Boardroom, Building "F", Collier County Government Center, Naples, Florida CEB ANDREWS L'ESPERANCE STRAIN PEDONE VARIE LAZARUS RAWSON STAFF PRESENT x X X X X X X CLARK MARALICH YOVANOVICH BARTOE ESPINAR KIRBY ANDERSON MINUTES BY: Kathy Meyers and Debby Farris, Deputy Clerks CALLED TO ORDER AT: 9:00 A.M. ADJOURNED: 4:15 P.M. PRESIDING: Michael Pedone, Chairman ADDENDA TO THE AGENDA: None - X X X X X X X Page 1 ---- CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA AQ];!!:QA Date: August 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 N/A 4. PUBLIC HEARINGS A. Continuance of Board of County Commissioners vs. Frederick Swetland, III CEB No. 92-011 B. BCC vs. M.K. Developers, Inc., Michael Kessous, President CEB No. 92-012 -- CODE ENFORCEMENT BOARD OF COLLIER COUNTY AUGUST 27, 1992 Per the County Attorney's Office, Bruce Anderson, Attorney, is legal counsel for the Code Enforcement Board for this meeting. Tape #1 (30) ITEM: MOTION: (40) ITEM: MOTION: (80) CASE NO.: RESPONDENTS: LOCATION OF VIOLATION: COMMENTS: Approval of Agenda Made by Mr. Strain to approve the Agenda. Seconded by Mr. Andrews. Carried 7/0. *** Approval of Minutes - 3uly 30, 1992 Made by Mr. Andrews that the minutes of 3uly 30, 1992 meeting be approved as submitted. Seconded by Ms. Rawson. Carried. 7/0. *** 92-012 M. K. Developers, Inc., Michael Kessous, President Tract D, Berkshire Lakes, Unit #3, Collier County, Florida Mr. Kessous was sworn in by Dick Clark, Code Enforcement Supervisor. Mr. Clark explained that Mr. Kessous is charged with violation of several ordinances regarding excavation of soil from a water retention area. Specifically, Mr. Clark noted that the soil was placed on an adjacent area and the property owner ordered him to remove it. He added that Mr. Kessous also did not obtain the proper permits. Mr. Clark identified Composite Exhibit "A" and requested that this be entered into evidence. Mr. Clark reported that the Respondent has been served with the proper Notice of Violation. Mr. Clark reported that the Respondent has agreed to mitigate any clearing that should not have Page 2 CODE ENFORCEMENT BOARD OF COLLIER COUNTY MOTION: MOTION: AUGUST 27, 1992 occurred. Mr. Kessous further agreed to stipulate to all the violations that he is charged with and agreed to work with Staff concerning the modifica- tion of his excavation permit. Mr. Pedone noted for the record that Composite Exhibit "A" is accepted into evidence by the Board. Regarding the violation concerning the excavation fill, Mr. Clark recommended that the Respondent be given thirty days to attempt to modify the excava- tion permit or remove the violation and if not done, that a fine of $150 per day be imposed. Regarding the violation concerning the removal of vegetation, Mr. Clark recommended that a final mitigation plan be provided to the County and approved by the County within thirty days. Mike Kirby, Environmental Compliance Investigator, briefed the Board that in similar circumstances the mitigation of tree removal is tied in with the buildings, however if the project is not completed, open areas are left. Mr. Clark recommended that prior to a certificate of occupany being issued for each building the mitigation restoration is to occur on a parcel by parcel basis, and if the project is stopped for whatever reason, that within thirty days all off- site mitigation must be completed. The Respondent agreed to this. Marco Espinar was sworn in by Mr. Clark. Mr. Espinar, Environmental Specialist, related that he did not foresee any problems with on-site miti- gation. In response to Mr. Lazarus, Mr. Espinar discussed that the species of trees to be replanted are pine palmetto flatwoods and they are commercially available. Made by Mr. Strain to close the public hearing. Seconded by Mr. Lazarus. Carried 7/0. Made by Mr. Strain that, in CEB Case No. 92-012, Respondent is to correct the violations pursuant to the Findings of Fact, Conclusions of Law and Order Page 3 CODE ENFORCEMENT BOARD OF COLLIER COUNTY (1070) CASE NO.: RESPONDENT: LOCATION OP VIOLATION: COMMENTS: AUGUST 27, 1992 of the Board on file in the Clerk's office. Seconded by Mr. Lazarus. Carried 7/0. *** CEB-92-011 (Continuation of August 13, 1992 Hearing) Frederick Swetland, III 4258 Kathy Avenue, Naples, Florida, more par- ticularly described as Coconut Creek, Unit 3, Block E, Lot 7 Fred Gillette, Attorney for the Respondent, requested that an additional witness Don Brown be called, who is not on his witness list. Ramiro Manalich, Assistant County Attorney, objected to this. Bruce Anderson, Attorney for the Board, advised that it is the Board's discretion. The Board agreed to allow Mr. Gillette to call the witness. Don E. Brown, Amateur Radio Operator, was sworn in by June Gulotta, Legal Assistant for Attorney Gillette. He explained that on Monday, August 24, 1992 he was assisting the County's communications during the Hurricane. Mr. Brown confirmed that he had observed the wind speed indicator registering gusts at approximately 100 miles per hour. In response to Mr. Manalich, Mr. Brown verified that he is not a meteorologist, and that the 100 mph readings were not constant. He explained that the meter readings were erratic. He noted that he did not observe wind measurements at Kathy Avenue. In response to Mr. Strain, Mr. Gillette expressed that he could not obtain written measurements as to the wind speed. Mary Geneva Roberts was sworn in by Ms. Gulotta, at this time. Page 4 CODE ENFORCEMENT BOARD OF COLLIER COUNTY AUGUST 27, 1992 Ms. Roberts explained that she resides at Week Avenue in Naples, which was designed Swetland and constructed by Mr. Nystrom. that she has lived there for three years. 2732 by Fred She noted Mr. Manalich objected to the Respondent's submittal as to the relevance of other homes designed by the Respondent. Ms. Roberts related that after inspecting the home, the County deemed the house safe. In response to Mr. Gillette, Ms. Roberts noted that her home endured the hurricane without any problems. In response to Mr. Manalich, Ms. Roberts stated that she has no training in structural engineering, and is testifying as to visual observations only. Donald Cahill, Architect, was sworn in by Ms. Gulotta. He stated that he has been practicing architecture in Collier County since 1974. The Board accepted Mr. Cahill as an expert in architec- ture and design and construction. Tape #2 Regarding the Cabada home, Mr. Cahill reported that he has viewed the design plans and concluded that the house was not built according to plans. Mr. Cahill reviewed portions of the Jenkins and Charland report. He reviewed that the report indi- cates that even if the bracing under the building was made as indicated on the plans it would not carry the loads. Mr. Cahill did not deem this as being accurate. Regarding floor girders, Mr. Cahill testified that this is not the greatest problem in the home. He stated that the greatest deflection in the girders is 3/4 of an inch. Mr. Cahill concluded that it is not the deflection of the girders that is causing the problem in the Cabada residence. He stated that the real out-of- tolerance non-compliance is 1/8 of an inch, based on a girder that was not constructed as designed. Mr. Cahill testified that regarding the designs as submitted to the County and permitted, had the construction been consistent with those plans there would be no 3/4 of an inch deflection. Page 5 CODE ENFORCEMENT BOARD OF COLLIER COUNTY AUGUST 27, 1992 In response to Mr. Lazarus, Mr. Cahill confirmed that the design of the house met the building code specifications. *** Recessed at 11:05 A.M. - Reconvened at 11:22 A.M. *** Mr. Gillette distributed copies of letters addressed to Ms. Roberts, homeowner previously men- tioned, and Mr. Booth (copy not provided to the Clerk to the Board). Mr. Gillette presented photographs to Mr. Cahill for him to review (copies not provided to the Clerk to the Board). Ms. Rawson commented that she failed to see the relevance of the photographs of the homes. MOTION: Made by Mr. Lazarus to refuse to accept the pho- tographs into evidence. Seconded by Mr. Strain. Carried 7/0. COMMENTS: In response to Mr. Cahill's testimony, Mr. Clark commented that he is not aware of plans Swetland submitted to the State Attorney's office for review. Mr. Manalich questioned Mr. Cahill as to his capa- city as a structural engineer. Mr. Cahill noted that he has completed courses in college, but is not qualified as a structural engineer. In response to Mr. Manalich, Mr. Cahill stated that all structures are allowed deviation. He noted that all wood structures deflect under load. In response to Mr. Manalich, Mr. Cahill confirmed that if additional live load were to be placed on the girder it would deflect even further. ***Break at 12:00 P.M. - Reconvened at 1:00 P.M. at which time Deputy Clerk Farris replaced Deputy Clerk Meyers *** COMMENTS: At this time, Mr. Cahill fielded questions from Mr. Strain regarding the normal number of pages submitted for design of a single family home and amount of detail for such plans prepared by him- self, an architect and an engineer for both licensed and unlicensed persons; from Mr. Lazarus regarding Mr. Cahill's perceived respon- Page 6 CODE ENFORCEMENT BOARD OF COLLIER COUNTY AUGUST 27, 1992 sibility and liability as one that prepares single family house plans and his opinion regarding the responsibilities of an architect; and from Mr. Pedone regarding roof wind factor, calculations for live load, dead load, etc. Attorney Gillette read a letter from Gilbert Booth. Assistant County Attorney Manalich offered into evidence a copy of an excerpt from the Naples Daily News of August 26, 1992. Following acknowledgment that he is still under oath and pursuant to request by Assistant County Attorney Yovanovich, Roger L. Jeffery of Jenkins & Charland, Inc., commented on how the letter from Arvelo & Assoc., Inc. applies to his report. Utilizing a flip chart and copy of the section of wall in question, Mr. Jeffery proceeded to explain problems he perceives with the wall sec- tion as well as the concept of design. Assistant County Attorney Yovanovich submitted into evidence as Exhibit G a handout regarding span tables, and Mr. Jeffery proceeded to explain same, confirming that his inspection revealed the only material found marked was called "Hem-Fir No.2" . In response to Assistant County Attorney Yovanovich, Mr. Jeffery concluded that the struc- ture in question will not perform properly and detailed the reasons for his conclusion; that Mr. Swetland's own calculations indicate the struc- ture is not designed according to the Southern Building Code; and that, even if built exactly as the manufacturer instructed, the structure will not work as a diaphragm. Mr. Jeffery fielded questions posed by Assistant County Attorney Yovanovich regarding wind speed and its resultant effect on the structure in question, and confirmed that, in his opinion, most of the deviations from the house plans strengthened more than weakened the structure. In response to Assistant County Attorney Manalich, Diane Christine Gamble testified regarding her Page 7 CODE ENFORCEMENT BOARD OF COLLIER COUNTY *** AUGUST 27, 1992 experience with Mr. Swetland in the preparation of a buildable set of blueprints for a home at the Gayle Boulevard location. Assistant County Attorney Manalich referred to a set of plans, identified as "County Exhibit H" but not introduced into the record, and proceeded to question Ms. Gamble regarding the blueprints and subsequent construction of her house. Attorney Gillette voiced objection from the audience, and the remainder of his comment~ were inaudible to the recorder at this time. Mr. Lazarus interjected that the testimony by Ms. Gamble has no relevance to the case at hand. Attorney Gillette commented there are hearsays upon hear says during this proceeding. Following brief discussion, it was the consensus that Ms. Gamble would continue her testimony, which she did. Assistant County Attorney Manalich questioned Darrell March of American Engineering (formerly Anchor Engineering) regarding his contracting with Ms. Gamble to design the foundation for her house. Recess: 2:25 P.M. - Reconvened: 2:30 P.M. *** Attorney Gillette requested putting Mr. Cahill back on the stand at this time and, though Assistant County Attorney Manalich voiced objec- tion, the request was granted. In response to Attorney Gillette, Mr. Cahill sta- ted his earlier testimony attempted to convey that his evaluation of the dead load of the building was perhaps different from the report by Jenkins and Charland, Inc. In answer to Assistant County Attorney Manalich, Mr. Cahill confirmed he did not say he agreed with Mr. Swetland's calculations. During closing argument, Assistant County Attorney Manalich communicated his belief that the County has proven the existence of four basic design Page 8 CODE ENFORCEMENT BOARD OF COLLIER COUNTY *** *** MOTION: MOTION: MOTION: *** COMMENTS: MOTION: AUGUST 27, 1992 defects in violation of the Building Codes con- tained in the plans prepared by the Respondent, i.e. wind bracing design to resist lateral loads being inadequate; floor girders being inadequate to resist live and dead loads; roof framing being inadequate to resist live and dead loads; and the structure inadequately designed to resist wind uplift. Attorney Gillette contended that the design plans prepared by Mr. Swetland are in compliance with the Code. Recess: 2:54 P.M. - Reconvened: 3:00 P.M. *** Mr. Clark briefly commented on each violation cited by the County, i.e. Section 1302.3.1 of Ordinance 86-49 and 87-19; Section 1203.1; Section 1701.1.1; Section 1701.1.6; and Section 1205.2. Ms. Rawson left the meeting at 3:20 P.M. *** A brief discussion ensued regarding the remedial action being sought by the County at this time. Made by Mr. Lazarus that Respondent be found not to have committed any violations as alleged. Seconded by Mr. Andrews. Motion fails 3/3 (Messrs. L'Esperance, Strain and Pedone opposed). Made by Mr. Strain to find violation of Sections 1701.1.1 and 1205.2. Seconded by Mr. L'Esperance. Motion fails 3/3 (Messrs. Lazarus, Varie and Andrews opposed). Made by Mr. Strain to find violation of Section 1701.1.1. Seconded by Mr. L'Esperance. Motion fails 3/3 (Messrs. Lazarus, Varie and Andrews opposed) . Recess: 3:45 P.M. - Reconvened: 3:55 P.M. *** Mr. Lazarus announced he is changing his position on the finding of violation of Section 1701.1.1. ~. Made by Mr. Strain to find Respondent in violation of Section 1701.1.1. Seconded by Mr. Lazarus. Motion carried 4/2 (Messrs. Varie and Andrews opposed) . Page 9 CODE ENFORCEMENT BOARD OF COLLIER COUNTY AUGUST 27, 1992 MOTION: Made by Mr. Strain that, in CBB Case No. 92-011, to accept the Findings of Fact, Conclusions of Law and Order of the Board on file in the Clerk's Office. Seconded by Mr. Lazarus. Carried 5/1 (Mr. Andrews opposed). *** COMMENTS: Chairman Pedone confirmed the CEB is not scheduled to meet in September and that the next meeting date is in October. Mr. Clark announced the October meeting will be held on the fourth Thursday which, according to the calendar will be October 22, 1992, but which is reflected on the August agenda as October 29, 1992. *** There being no further business, by Order of the Chair. CODE COLLIER COUNTY Page 10