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CEB Minutes 02/23/1995 1995 Code Enforcement Board February 23, 1995 February 23, 1995 TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD NAPLES, FLORIDA, THURSDAY, FEBRUARY 23, 1995 LET IT BE REMEMBERED, that the Code Enforcement Board in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board (s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in regular se.ssion in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Jim Allen Charles Andrews M. Jean Rawson Louis Laforet ALSO PRESENT: Maria Cruz, Code Enforcement Coordinator Ramiro Manalich, Assistant County Attorney Page 1 r CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA 8Q.E.N.Q8 Date: February 23, 1995 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. r 1. ROLL CALL 2. APPROVAL OF AGENDA 3 . APPROVAL OF MINUTES January 26, 1995 4. PUBLIC HEARINGS A. BCC vs. Otto Kristen and Elsa Gustafson - CEB 95-002 B. BCC vs. James R. Whittemore and Debra A. Whittemore CEB No. 95-003 5. NEW BUSINESS N/A 6. OLD BUSINESS N/A 7. REPORTS Status report - BCC vs. Francisco Casales CEB No. 95-001 NEXT MEETING DATE March 23, 1995 8. 9 . ADJOURN February 23, 1995 CHAIRMAN ALLEN: Good morning, and welcome to the Code Enforcement meeting. Today is February 23, 1995. 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. I'll call the roll call starting on my left. MR. LAFORET: Lou Laforet. MS. RAWSON: Jean Rawson. CHAIRMAN ALLEN: Jim Allen. MR. ANDREWS: Charlie Andrews. MS. CRUZ: Mr. Chairman, Mireya Louviere informed me that she was not going to be present at the meeting today. CHAIRMAN ALLEN: We have to have approval of agenda. MR. ANDREWS: So moved. MS. RAWSON: Second. CHAIRMAN ALLEN: All right. Let's go to the minutes of January 26, 1995. Do we have any changes in the minutes? MS. CRUZ: No, sir, no changes. MR. ANDREWS: You want both, the 22nd and the 25th? Do you want to go over each one separately? CHAIRMAN ALLEN: If there are no changes, we will vote both of them together. MR. ANDREWS: and October 27th. MS. RAWSON: I would second that. CHAIRMAN ALLEN: Motion carries, so moved. We are ready for our public hearings. Staff? MS. CRUZ: Excuse me. My name is Maria Cruz, Code Enforcement Coordinator. I'm a little confused here. Mr. Andrews is approving the minutes. To me, from what I understand, the minutes that need to be approved are January 26, 1995, unless I provided the board with the wrong agenda. MR. ANDREWS: I don't know. This says agenda, January 26, 1995. Oh, I have the wrong one. I have too much stuff in here. I'm sorry. What page is that on? MS. CRUZ: The agenda should be the very first page ln your packet, sir. MR. ANDREWS: Oh, let's start over. Well, that's fine. It's dated January 26th. That's my first page. MR. MANALICH: The minutes that I show in the packet are for January 26, 1995. So the motion that is required would be for those minutes. CHAIRMAN ALLEN: All right. Charlie? MR. MR. MR. MR. MR. I approve of the minutes, and that's September 22nd Would you like to amend your motion, ANDREWS: MANALICH: ANDREWS: MANALICH: ANDREWS: The minutes for what? January 26, 1995. That's the only one? Yes. Okay. So move. Page 2 February 23, 1995 MS. RAWSON: I'll amend my second. CHAIRMAN ALLEN: With that in mind, are we ready to start our public hearing, Ms. Cruz? MS. CRUZ: Yes, sir, we are. CHAIRMAN ALLEN: Excuse me. Does this require a vote? MS. CRUZ: To begin the public hearings? CHAIRMAN ALLEN: The approval of the minutes. MS. RAWSON: The approval of the minutes. MS. CRUZ: Yes, it does. CHAIRMAN ALLEN: All those in favor say, "Aye." All those opposed? It carries unanimously. MS. CRUZ: Mr. Chairman, our first public hearing is the CEB vs. Otto Kristen and Elsa Gustafson, also know as Elsa Martha Kristen. The board, the recorder, and the respondents have been advised of the County Composite Exhibit. At this time I would like to mark this composite exhibit, Composite Exhibit A, CEB 95-002, CEB vs. Otto Kristen and Elsa Gustafson, also know as Elsa Martha Kristen, who are present. MR. MANALICH: Ms. Cruz, do you have that exhibit so we can mark MS. CRUZ: members. MR. MANALICH: Okay. Is there one particular copy I can mark, so I can hand it to the court reporter, and she'll retain that then? MS. CRUZ: Yes. MR. MANALICH: Okay. MS. CRUZ: Mr. Chairman, at this time I would like to call Mr. And Mrs. Kristen to the stand, please. MS. RAWSON: Mr. Chairman, before we do that maybe we should -- I will make a motion to move into evidence the board's packet on this particular case. MR. CLARK: Mr. Chairman, we would like to request that before we do that, is there any objection from the -- is there any objection from you to introduce the document that we have into evidence? MR. KRISTEN: No. MR. CLARK: Thank you. CHAIRMAN ALLEN: Okay. an exhibit? MR. CLARK: MS. CRUZ: but the truth? MR. KRISTEN: I do. MS. CRUZ: Will you please state your name for the record. MR. KRISTEN: Mr. Chairman and board members, my name is Otto Kristen; and this is my wife, Elsa Gustafson Kristen. MS. CRUZ: Mr. Kristen, I understand you have no objection to admitting this composite exhibit into evidence? MR. KRISTEN: I have no objection. MR. MANALICH: We need a second and a vote, then. CHAIRMAN ALLEN: Okay. We have a motion on the floor from Ms. That's the exhibit that is being provided to the board So we have agreed to move this document as Yes. Also, will you raise your right hand, please. Do you solemnly swear to tell the truth, and nothing Page 3 February 23, 1995 Rawson. MR. ANDREWS: I second. CHAIRMAN ALLEN: Okay. All those in favor say, "Aye." All those opposed? Passes unanimously. MS. CRUZ: Mr. Chairman, Mr. Kristen is before this board due to improving their property prior to the issue of a building permit, which is allegedly a violation of the Land Development Code 91-102, Section 2.7.6, Paragraph 5. Mr. Kristen, do you stipulate to the charges that you are being brought before this board today? MR. KRISTEN: Yes, I understand it. MR. CLARK: You are the owner of the property in question; is that correct? MR. KRISTEN: I am the owner of the property. MR. CLARK: And you acknowledge that the violations, they are there? MR. KRISTEN: Yes, I understand it. But do we have to go through that, because we applied for -- MR. CLARK: It's just for the record, that's all. MR. KRISTEN: Oh, okay. MS. CRUZ: And I understand your property is located at 4951 22nd Avenue Northeast? MRS. KRISTEN: No, 22nd Street. MS. CRUZ: 22nd Street? MR. KRISTEN: 22nd Street, yeah. MS. CRUZ: And more particularly described as Golden Gate Estates, Unit 60, Tract 105? MR. KRISTEN: Right. MS. CRUZ: Mr. Chairman, Mr. Kristen improved this property by constructing a, approximately, 1200 square foot residential property I'm sorry, structure without first obtaining a building permit. A Notice of Violation was served to Mr. Kristen personally on February 18, 1994, with a compliance date of February 28, 1994. This notice requested for Mr. Kristen to obtain a building permit. Instead, Mr. Kristen met with staff on February 22, 1995, and advised staff that he wishes to demolish this structure. At this time he obtained a demolition permit, which is Permit Number 95-2152. MR. KRISTEN: May I ask a question, please? MS. CRUZ: Yes. MR. KRISTEN: The square foot that you are addressing there, how many square feet you said? MS. CRUZ: Approximately 1200. MR. KRISTEN: No, no. This structure which I' erected as a shed the first time and then it was destined to be a garage if we come up with the money; it's only 400 -- how many? MRS. KRISTEN: 16 by 74, it's about 400 feet. MR. CLARK: But it's the only structure on the property? MR. KRISTEN: It's the only structure. MR. CLARK: Mr. Chairman, we would like to amend the affidavit and the record here to reflect that change in address, 4951 22nd Street Northeast instead of avenue, also. I would like to amend that at this Page 4 February 23, 1995 time. CHAIRMAN ALLEN: Does that require a vote? MR. ANDREWS: What was that number? MS. CRUZ: Property number? MR. ANDREWS: I didn't get the number. MR. CLARK: The street address. MS. CRUZ: The street address? MR. ANDREWS: Yes. MS. CRUZ: 4951 22nd Street Northeast. MR. ANDREWS: I thought that was the wrong one; I thought you were changing that. MR. CLARK: It said avenue on the paper, rather than street, and we want to change it to street. MR. ANDREWS: To street, okay, thank you. CHAIRMAN ALLEN: Okay. All those that agree with the amendment signify by saying, "Aye." Any opposed? Passes. The amendment is so MR. CLARK: Mr. Chairman, at has stipulated that the violation demolition permit to demolish it. him, and he wishes to stipulate a would, put that on the record and also. MS. CRUZ: Mr. Chairman, when I met with the respondent, Mr. Kristen, he offered to obtain the demolition permit. He agreed this demolition will take affect in about sixty days, and if he doesn't comply within that time frame, he understands that a $75 fine will be imposed after that day. MR. CLARK: So it would be completed within sixty days, and that's our recommendation to the board. The demolition will be completed, and all the debris will be remove from that location -- from property. It will be in compliance no later than sixty days. Should it fail to do so, we would request a $75 per day fine be imposed until such time it comes into compliance. Do you have a question? MR. KRISTEN: Yes, I have a specific question. The concrete platform -- MR. CLARK: That doesn't -- MR. KRISTEN: The concrete platform is just about this high (indicating) above the elevation. It's actually equal with the crown of the road. Can I leave that on? MR. CLARK: If you're going to MR. KRISTEN: If we, hopefully have money ln the future, we would noted. this time I believe the respondent is there and that he has obtained a I believe Ms. Cruz has talked to period of time. Ms. Cruz, if you ask the respondent to respond to that like MR. CLARK: Yes. MR. KRISTEN: we would like to proceed with the building permit. MR. CLARK: We will not require you to remove that; however, we will discuss that with you after you -- you may need to get a building permit just for that pad. MR. KRISTEN: Okay, that's fine. Thank you. Page 5 .. February 23, 1995 sir? MS. CRUZ: No further questions. CHAIRMAN ALLEN: Mr. Kristen, do you have anything else to say, MR. KRISTEN: No. Thank you, thank you very much for your attention. CHAIRMAN ALLEN: Shall we close the public hearing? MS. CRUZ: Yes. CHAIRMAN ALLEN: Any comments by staff? By the board? Do you have any comments, Mr. Andrews? MR. ANDREWS: No. MR. LAFORET: No. MS. RAWSON: No. MR. ANDREWS: I move that we close the public hearing. CHAIRMAN ALLEN: Public hearing is closed. MS. RAWSON: I will make a motion then. Findings of Fact, Conclusions of Law and Order of the board: This cause came on for public hearing before the board on February 23, 1995, and the board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, thereupon issues its Finding of Fact and Conclusions of Law and Order as follows: Findings of fact: That Otto Kristen and Elsa Gustafson are the owners of record of the subject property; that the Code Enforcement Board has jurisdiction of the person of the respondent; and that both were present at the public hearing; that all notices required by Collier County Ordinance Number 92-80 have been properly issued; that the real property legally described in the evidence as submitted before this board is in violation of Section 2.7.6 (5) of Ordinance Number 91-102 of the Collier County Code and Land Development Code. The following particulars; that the structure on the property has been improved prior to the issuance of a building permit. Conclusions of Law: That the respondents are in violation of Sections 2.7.6 (5) of Ordinance Number 91-102 of the Collier County Land Development Code. That would be my motion. MR. LAFORET: I second. CHAIRMAN ALLEN: We have a motion and a second. Any further discussion? MR. ANDREWS: Don't we have to add what the agreement was with the demolition? MR. MANALICH: We will do that in the last part of the order. MR. ANDREWS: Okay. I second it; I second the motion. CHAIRMAN ALLEN: Okay. All those in favor signify by saying, "Aye. II All those opposed? It carries unanimously. Please continue. MS. RAWSON: That it would be the order of this board that based upon the foregoing Findings of Facts and Conclusions of Law and pursuant to the authority granted in Chapter 162 of the Florida Statute, and Collier County Ordinance Number 92-80, it is hereby ordered: One, that the respondents correct the violation of Section 2.7.6 (5) of Ordinance Number 91-102 of the Collier County Land Development Code in the following manner: That the respondents Page 6 February 23, 1995 demolish the structure within sixty days of today's date; two, that said corrections be completed on or before sixty days from today, whatever that is, 1995; and that if the respondents do not comply with this order on or before that date, then in that event the respondents are hereby ordered to pay a fine of $75 per day for each and every day the violation described herein continues past said date. Failure to comply with the order within a specified time will result in the recordation of a lien pursuant to Chapter 160 of the Florida Statutes, which may be foreclosed and respondents' property sold to enforce the lien. MR. MANALICH: Ms. Rawson, I believe there was also some debris removal. MR. CLARK: Will you consider amending your motion to state removal of all debris and the demolition materials and so forth? MS. RAWSON: Yes, I would. I would amend my motion to include that language. MR. ANDREWS: I second the motion. MR. LAFORET: Second. CHAIRMAN ALLEN: Okay. All those in agreement signify by saying, "Aye." Any opposed? Motion carries unanimously. MR. MANALICH: One clarification on the Findings of Fact section. I believe the specific finding was a structure on the property improved prior to issuance of building permit. Could we amend that just to be a little bit more specific as to what property or what structure? MR. CLARK: The street address or legal address; or are we saying MR. MANALICH: No. I'm saying as far as what is it that was improved at that location. We mentioned a structure. But how is it described? Is it a home or partly constructed home? MR. CLARK: I believe the respondent stated that it was to be a garage or whatever, but it's the only structure on the property; is that correct? MR. KRISTEN: MR. MANALICH: MR. KRISTEN: it was approved MR. MANALICH: MR. KRISTEN: crown of the road. MR. MANALICH: What I would suggest, Mr. Chairman, is if we could just amend the Findings of Fact section only, stating that the structure on the property was improved, that being -- I believe, a garage is what I heard. And also we might want to mention debris scattered about the property also. Those are the two specific conditions that I recommend given the nature of your order. MS. RAWSON: I would amend my motion to include both of those two things in the Findings of Fact. MR. ANDREWS: I amend the second. MR. MANALICH: Mr. Clark, is it correct, "debris scattered about Right. What is it exactly? A garage? Okay. The drawings and the envelope of the design on the drawings by the examiners as a garage All right. Excuse me. -- because it's two inches above the Page 7 February 23, 1995 the property? MR. CLARK: Well, what we are more concerned about is -- I think most of the debris is cleaned up -- but the building materials to be demolished, so all -- all materials and debris, all demolition materials and debris. MR. MANALICH: All right. I mean, at this point, though, right now, there are no demolition materials; right? MR. CLARK: No, but there will be when they start demolishing the structure. MR. MANALICH: Right. That's why I'm saying in the order that's being directed to him, he will be required to pick up both demolition materials and debris? MR. CLARK: That's correct. MR. MANALICH: What I'm amending right now is just the Finding of Facts, that what the violation currently is, is what I believe is the partly constructed garage and the debris about the property? MR. CLARK: Yes. I guess my point was if, in fact, the order states he must remove the building, we're saying the building and materials. Obviously, when you take a building down there is no long a building; there's material. MR. MANALICH: Right. Ms. Rawson, were you able to follow my recommendation on the Findings of Fact portion? I think you amended the motion. MS. RAWSON: Yes. MR. MANALICH: Was that voted on? CHAIRMAN ALLEN: It was amended and a second. We'll call for a vote. All those in favor signify by saying, "Aye." Any opposed? It carries unanimously. MR. KRISTEN: Thank you very much. MR. MANALICH: Mr. Chairman, could we have just a moment for the court reporter to collect these Exhibits? CHAIRMAN ALLEN: Certainly. MR. MANALICH: Thank you. (At this time a brief discussion was held off the record. ) MR. MANALICH: Thank you. MS. CRUZ: Mr. Chairman, our next case is CEB vs. James R. Whittemore and Debra A. Whittemore, CEB Number 95-003. Again, both the board and the respondent have been provided with a copy of the composite exhibit. At this time I would like to mark this composite exhibit as Composite Exhibit A, CEB 95-003, CEB vs. James R. Whittemore and Debra A. Whittemore. CHAIRMAN ALLEN: Do you agree that the exhibit be admitted, Ms. Whittemore? MS. WHITTEMORE: Most of it. MR. MANALICH: What are the particular portions you are objecting to? MS. WHITTEMORE: Yeah, the animal -- the pile of animal waste. The only thing I've got is my donkeys and my pigs in the pigpen in the pasture. There is nothing else, no other compost or anything. And the Page 8 February 23, 1995 rotting wood, most of it is my firewood, because the only thing I have for heat in my house is a wood stove. I have a pile of steel that I use for -- that my husband has gathered for a barn eventually, when I get some fill in the back yard. Because right now, the back yard gets up -- well, during the summer it's up to here in the back yard in water; so I have no -- nothing to be able to put in the back behind the house. And eventually I would like to erect a barn to put my animals. MR. CLARK: Mr. Chairman, and ma'am, the -- I think you will see some of the particular litter they are talking about -- it says, "consisting of paper, plastic, cans, bottles, metal scraps, derelict auto parts, and piles of vegatative debris. II That's the thing, in particular, they're complaining of, not the building materials that you are speaking of. If you have an active building permit -- MS. WHITTEMORE: I don't have a building permit, because I don't even have -- I mean, my husband acquired that material free. MR. CLARK: Let me finish, if I might. You may have a building permit -- excuse me. You may have building materials on your property under two circumstances: If, in fact, it's covered, in other words under a roof somewhere, if it's in a building; and secondly, if you have an active building permit, and it's being used for that project. So you may have building materials, but under those two conditions -- one of those two conditions. MS. WHITTEMORE: Right now we have been using the steel panels as fencing to keep the pigs in. MR. CLARK: Are you saying the steel panels are a fence? MS. WHITTEMORE: Part of them. We're using them, because I found that's the only thing I can keep the pigs in, and he had acquired them for nothing. Since he cut his hand off six years ago, we have been trying to do everything we can. MR. CLARK: Okay. We certainly don't want to impose any hardship on you. If I might, if we could introduce this into evidence, and then we can discuss that with you and let the board try to resolve that for you. At this time we would like to introduce -- make a motion that the board would entertain a motion to introduce this into evidence, and perhaps we could discuss the merits of the details. MS. RAWSON: So moved. MR. ANDREWS: Second. CHAIRMAN ALLEN: Okay. All those in favor signify by saying, "Aye." Any opposed? Carries unanimously. MS. CRUZ: Mrs. Whittemore, would you please raise your right. Do you solemnly swear to tell the truth, and nothing but the truth? MS. WHITTEMORE: Yes. MS. CRUZ: Would you please state your name. MS. WHITTEMORE: Debra Whittemore. MS. CRUZ: And I understand you are the property owner MS. WHITTEMORE: Yes. MS. CRUZ: -- At 6191 Whitaker Road? MS. WHITTEMORE: Yes. MS. CRUZ: That property is more thoroughly described as Section Page 9 February 23, 1995 16, Township 50, Range 26, Parcels 47.001? MS. WHITTEMORE: I think so. MR. CLARK: Ma'am-- MS. WHITTEMORE: I wish my husband was here, but he has to work and I can't.c MR. CLARK: Okay. I don't think this is going to be a painful exercise. _ MS. WHITTEMORE: I have been fighting this for MR. CLARK: Please. MS. WHITTEMORE: I'm trying to get my kids, you know -- we've got PVC that we've been trying to do, run water lines and stuff. My husband has been accumulating this through his job. We've been trying to do what we can. I got forced into this property. And it's under water all the time, and I'm trying to do the best I can. MR. CLARK: Okay. Perhaps we can get you some help to do some of this. Do you have a composite package? Do you have a package of this with some photographs? MS. WHITTEMORE: Yes, at home. MR. CLARK: Let me give you a copy. MS. WHITTEMORE: Okay. MR. CLARK: We will refer to the pages here. We are not trying to impose any hardship on you at all, to be frank with you. What we're trying to do -- we are trying to insure, because other people complain too, we are trying to insure the County standards -- the County-wide standards -- MS. WHITTEMORE: We have gotten a bunch of it cleaned up. MR. CLARK: Please. MS. WHITTEMORE: I have been doing my best. I can only afford so much. MR. CLARK: Okay. Let us, if we could, move along here. MS. WHITTEMORE: This is eleven years -- eleven years of accumulation and stuff. MR. CLARK: I understand that; I believe it, too. If you could, could you look at Page 20? Those -- most of those elements ln there would you agree are not building materials? MS. WHITTEMORE: No, that's all gone now. I spent -- MR. CLARK: Okay. MS. WHITTEMQRE: I spent $200 last week that I don't have, that I could have used for the medicine that my kids and I need this week to take care of this. MR. CLARK: Okay. And Page 21, how about most of that? Is that still there, like the old blown-out tires? MS. WHITTEMORE: Well, the tires are all gone. MR. CLARK: Good. MS. WHITTEMORE: And my picture pump got set there because we __ that's right next to the pasture. I acquired the orange things to keep the chickens from going into the neighbors' yards, because they keep threatening to kill my animals. MR. CLARK: Okay. How about on Page 22, the old building skids and MS. WHITTEMORE: Well, the skids we use for firewood. Page 10 February 23, 1995 MR. CLARK: Okay. MS. WHITTEMORE: I've been acquiring them for free, so that I can have some firewood. MR. CLARK: Okay. Perhaps we can make a suggestion then, perhaps if you put it in a -- put it up on cement blocks to keep it off the ground a little bit -- MS. WHITTEMORE: And most of this is all gone now, anyhow. As I said, I had -- Saturday it cost me $200 to have somebody come and haul most of this all away. MR. CLARK: So what you are actually saying is that you have brought a great deal of this into compliance already? MS. WHITTEMORE: Yes. MR. CLARK: And are you agreeing then to continue to try and remove the -- MS. WHITTEMORE: We're going to try; we are going to do the best we can. MR. CLARK: Okay. MS. WHITTEMORE: We just need some time, because I just don't have the money. MR. CLARK: And that's what we want to do; that's what we want to do before the board today. We want to ask the board to give you 90 days to remove the rest of this. Does that seem to be a reasonable period of time for you? MS. WHITTEMORE: Yes, I think so. MR. CLARK: Okay. We're trying to help you. You're our boss too, we're trying to work with you. MS. WHITTEMORE: We've been trying for the last year to do all this. But it's just -- you know, my husband has a hard time with his hand, and I've had some injuries at work. We just try -- and then during the summer, you can't do anything because it rains so bad and everything is under water. MR. CLARK: So now is a good time to do it, before you get all that rain; right? MS. WHITTEMORE: If I could. MR. CLARK: No, I'm not speaking of you. Do you have neighbors or family or friends? MS. WHITTEMORE: No, I have nobody to help me. MR. CLARK: Okay. Why don't you see us afterward, and maybe we can get you a little help, too. We're going to ask the board, if they would, to entertain a motion of 90 days to remove the rest of the violations, as stated here. First of all, there are violations, and we ask that she be given 90 days to remove the rest of the violations, and a fine of $50 a day be imposed every day afterward if it is not removed. CHAIRMAN ALLEN: Ms. Whittemore, do you have any more discussion? MS. WHITTEMORE: No. CHAIRMAN ALLEN: I will close the public hearing now. Do we have any conversation or any comments from the board members? MR. ANDREWS: This is kind of a tough one. MS. RAWSON: Is there some agency or somebody that can help her? Mr. Clark, is there some way that -- or some service that could be Page 11 February 23, 1995 provided to help her remove this debris? MR. CLARK: We will attempt to locate someone that will. We will try to help her do that. CHAIRMAN ALLEN: Do we have a motion? MR. LAFORET: I move to give her 90 days. MR. ANDREWS: Well, we have to go through the formality; right? CHAIRMAN ALLEN: Yes. MR. ANDREWS: I will make a stab at it; it's a tough one. Debra, I want you to know that this is just a formality that we have to put in the record. Dick said he is going to try and give you some help. MS. WHITTEMORE: Okay. MR. ANDREWS: So it isn't as bad as it sounds. MS. WHITTEMORE: Okay. MR. ANDREWS: Findings of Facts, Conclusions of Law and Order of the board: This cause came on for public hearing before the board on February 23rd, and the board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, thereupon issues its Finding of Fact, Conclusions of Law and Order of the board as follows: Finding of Fact: That Debra Whittemore and James Whittemore are owners of record of subject property; that the Code Enforcement Board has jurisdiction of the person of the respondent and that Debra Whittemore was present at the public hearing; all notices required by Collier County Ordinance Number 92-80 have been properly issued; that the real property is legally described as 6191 Whitaker Road, Naples, Florida, more particularly described as Section 16, Township 50, Range, Parcel 47.001, is in violation of Section 5.6.7.8 of Ordinance Number 91-47, in the following particulars: Unlawful accumulation of litter. Do I do the Conclusion? It's been so long since I have done this. MR. MANALICH: We should have a vote on this part first. CHAIRMAN ALLEN: Before we vote, I would like to make one comment. It's Whittemore not Whittman. Is that correct; Whittemore? MS. WHITTEMORE: That's correct. MR. ANDREWS: I'm very sorry. I'm very sorry, Debra. MR. MANALICH: Another clarification, just to be a little more specific, can we, for clarification or motion, adopt the description of the types of materials accumulated there on Number 2 on Page 2? MR. ANDREWS: Okay. The unlawful -- MR. MANALICH: You don't need to read it. If you just include it in your motion, Point Number 2 on Page 2 of the packet that describes the material, and then we will put that into the order. MR. ANDREWS: Okay. Yes, I include the description of violations, Number 2, in our Statement of Violation, as written. MR. MANALICH: That's fine. CHAIRMAN ALLEN: All right. We'll have a vote. All those ln favor signify by saying, "Aye." Any opposed? Passes unanimously. CHAIRMAN ALLEN: Go ahead. MR. ANDREWS: All right. Conclusion of Law: James R. And Debra Page 12 February 23, 1995 R. Whittemore are in violation of Sections 5.6.7.8 of County Ordinance Number 91-47, Collier County Ordinances. Order of the board: Based on the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance 92-80, it is hereby ordered: That the respondent correct the violation of Sections 5.6.7.8 of the Ordinance Number 91-47, in the following manner: Remove all litter from said property within 30 days -- 90 days; and if the 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 $50 a day for each and every day the violation described herein continues past specified date. Failure to comply with this order within the specified time 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. Dated this 23rd of February, 1995. MR. MANALICH: Mr. Andrews, the 90 days to run from today's date? MR. ANDREWS: Yes. I don't have a calendar. MR. MANALICH: That's all right; I mean starting from today. MR. ANDREWS: As of today, yes. MR. MANALICH: Okay, 90 days. MS. CRUZ: Excuse me, Mr. Andrews. MR. ANDREWS: Yes. MS. CRUZ: When you read the sections of the ordinance, you stated Section 5.6.7.8. If I may advise you that those are different sections, Sections 5, 6, 7, and 8. MR. ANDREWS: Of Ordinance Number 91-47? MS. CRUZ: Right. MR. ANDREWS: Didn't I say that? MS. CRUZ: I understood -- MR. ANDREWS: Okay. That's what I meant. If not, then change it. I can't read my own writing this morning; sorry. MS. CRUZ: No problem. CHAIRMAN ALLEN: The amendment has been noted and changed. All those in favor signify by saying, "Aye." All those opposed? Passed unanimously. Thank you very much. MS. WHITTEMORE: Thank you. CHAIRMAN ALLEN: Okay. New business. We have none; we have no old business. And we have a report, BEC vs. Francisco Casales. MS. CRUZ: Yes, sir. On January 26, 1995 the public hearing on Francisco Casales, Case Number 95-001. At this time, the respondent was not present. He has chosen to proceed to Community Development to secure a building permit. The board requested staff to -- the board requested this case to be continued, and also requested the staff to confirm the respondent had obtained a building permit. The staff has researched the building permit records and has confirmed that Mr. Francisco Casales has obtained a building permit, which number is 95-583. CHAIRMAN ALLEN: All right. Any other business? MR. ANDREWS: I have some questions. I don't know if this is the time to bring them up or not. I notice that we have two absentee Page 13 February 23, 1995 members today, two out of the three. Is their term up? Is that the reason they are not here? MS. CRUZ: Yes, sir, that is correct. MR. ANDREWS: Isn't it normal for them to stay aboard until a new board is appointed -- or replacements are appointed? Are we supposed to run a skeleton crew like this for a long time? MS. CRUZ: I'm sorry. I cannot answer that question; I would have to research,' unless Counsel -- MR. ANDREWS: I wish Dick was here. Did he leave for the day? Dick? MS. CRUZ: I believe so, yes. MR. ANDREWS: Okay. Do you have any -- at this point, you probably can~t answer either. I have not heard anything about any appointments and -- MS. CRUZ: I haven't either. MR. ANDREWS: -- we don't know when we are going to have elections, so we're going to operate with a five-man board then, until God knows when? MS. CRUZ: I believe so. MR. MANALICH: I believe, whatever I can add -- I know the board office carefully monitors vacancies and expiration of terms. And, typically, they will proceed on that with advertisement for the positions, and then they go and prepare a summary for the board with whatever they receive as applications. MR. ANDREWS: I know how they do it, but they don't wait until the last minute. This should have been done. I haven't seen the advertisement or heard anything about it. As a matter of fact, I just heard it by the grapevine that nobody answered the ad. MR. MANALICH: That's possible. MR. ANDREWS: But I think we should be informed, you know, the board should be informed of what's going on. MR. MANALICH: What I can do, along with staff, I can contact the board office and see how the efforts are coming along; and then we can refer it back no later than the next meeting. MR. ANDREWS: Okay. CHAIRMAN ALLEN: Anything else? MS. CRUZ: No, sir. CHAIRMAN ALLEN: Let's adjourn. MR. MANALICH: One other item. I don't know if we continued it, Mr. Chairman. Could we just go back on the record for a moment? CHAIRMAN ALLEN: Yes. MR. MANALICH: I wasn't clear if at the beginning of the meeting, since we have several vacancies, et cetera, I would like for the board to ratify you acting as chairman today. Because we will need you to sign the orders as acting chairman. Or were you elected? CHAIRMAN ALLEN: No. MS. RAWSON: Is it time for elections? MR. MANALICH: Well, we'll need to check that, also. But for the purpose of today's meeting, he acted as chairman with the consent of the board. I would just like to have that ratified by vote or motion, right now, so it's absolutely clear. Page 14 February 23, 1995 MR. ANDREWS: I so move. MS. RAWSON: I second. CHAIRMAN ALLEN: All signify by saying, "Aye." MR. MANALICH: It's unanimous. MR. ANDREWS: I would like to add to that, that he continue as chairman until we have an election. Unless we can -- can we have an election just out of the sky? MR. MANALICH: No. This would only be just for purposes of a temporary measure. MR. ANDREWS: That's fine. When do we have elections? After we have a full board? MR. MANALICH: Yes. staff and I report back to And at that time, we could MS. CRUZ: Sure. MR. ANDREWS: Okay. MR. MANALICH: Do you have another preference? MR. ANDREWS: No. The whole thing just seems kind of like a slap-happy way to do it. I think we should set up some regulations on these things. When we elected our board previously -- this is going on my seventh year. The way we usually adopt it is when the first meeting of the new board members come aboard, we have elections. These board members are cold; they don't want to think about the rest of it. I don't think that's so good. I think we should, the old board members -- I mean, there's things against that too, but they know the people who are qualified, and the election should be -- I think it would be better that way; or else do it with the ones that are left. I mean, we have three options. But this could go on and on and on; nobody knows what's what and who's who. It's kind of a sloppy operation, I think. MR. MANALICH: That's why -- I just need to inform myself of what efforts the board office has done. Because they typically, as I say, monitor the vacancies. And typically they make efforts to have them filled, but I don't know what has happened. So staff and I can check on that, and we will have the answers at the next meeting. MR. ANDREWS: Does Sue do the advertising and then they give you a short list? Usually staff, your staff, back in the past interviews, interview and make recommendations. Don't they do that anymore? MS. CRUZ: No, sir. Sue obtains the -- provides staff with the copy of the resumes from the applicants, and Mr. Clark is the one who reviews. MR. ANDREWS: Then it goes before the board, and the board picks the -- they are the ones that pick them? MS. CRUZ: Exactly. So those are the guys to get on then. Okay. MR. ANDREWS: I wasn't blaming you, I was just trying to find out what's really going on. We have had so many changes. Does everyone agree? MR. MR. MR. What I would suggest is at the next meeting you on the status of filling the vacancies. have an election if you'd like. LAFORET: ANDREWS: LAFORET: It's possible. Beg your pardon? It's possible that we would not get replacements for MR. ANDREWS: For a long time. Page 15 February 23, 1995 MR. LAFORET: Yeah. MR. ANDREWS: So we MR. LAFORET: So we just continue with the four of us. MR. ANDREWS: I agree. I was going to make a motion tha.t Jim continue as 'chairman until such time as we get a full board, so \18 don't have to vote every time he comes in. Is that okay? MR. MANALICH: I have no objection to that, provided that it's understood that your motion is he continue in this role until the situation is clarified and we have an actual final election. MR. ANDREWS: Right. MR. MANALICH: We need to have a motion to that affect. MR. ANDREWS: We do? MR. MANALICH: Yes, or you can amend your prior one or ma~<:2 L~. new one. Let's just have a new one on that. MR. ANDREWS: I move that Jim remains or continues as temporary chairman until such time as we get a full board and have a formal election. MS. RAWSON: I second. CHAIRMAN ALLEN: All those ln favor signify by saying, "Aye." Opposed? We probably should add another one to that in case Jim is ill, who is going to be the vice-chairman? So I think we better do that at the same time, just add it to the motion to have Jean Rawson as the assistant under the same conditions. MS. CRUZ: Sure. MR. ANDREWS: And then we will have a full election. CHAIRMAN ALLEN: I will second that. MR. ANDREWS: Okay. CHAIRMAN ALLEN: All those in favor signify by saying, "Aye." Passed. ***** There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair at 9:52 a.m. TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING BY: SHARON M. LANDIS, CSR 9010 Page 16