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Agenda 10/28/2008 Item # 9K Agenda Item No, 9K October 28,2008 Page 1 of 18 EXECUTIVE SUMMARY FOR THE BOARD OF COUNTY COMMISSIONERS TO DISCUSS THE ONGOING ISSUES WITH VITA TUSCANA AND THE FRUSTRATION OF THE RESIDENTS OF OLDE CYPRESS WITH STAFF'S LACK OF OVERSIGHT IN ENFORCING THE BOARD'S ORDINANCES. OBJECTIVE: For the Board of County Commissioners to discuss the ongoing issues with Vita Tuscana and the frustration of the residents of Olde Cypress with stairs lack of oversight in enforcing the Board's ordinances. CONSIDERATIONS: To address concerns of the resident's ofOlde Cypress with regard to the developer of Vita Tuscana's lack of compliance with County ordinances and their frustration with staff's lack of oversight for enforcement. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE LEGAL CONSIDERATIONS: NONE ,.....-. RECOMMENDATION: To address concerns of the resident's of Olde Cypress with regard to the developer of Vita Tuscana's lack of compliance with County ordinances and their frustration with staff's lack of oversight for enforcement. Prepared by: Tom Henning, Chairman - Page 1 of 1 Agenda Item f\Jo, 9K October 28, 2008 Pcqe 2 elf 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONEI;:S Item Number: 9K Item Summary: This Item to be heard at 1100 am Request for Board to discuss ongoing issues with Vita Tuscana Meeting Date: 10/28/200890000 AM Prepared By Pallia Springs Board of County Commissioners Executive Aide to the Bee Date Bee Office 10/22/2008 2:58:10 PM Approved By Sue Filson Executive Manager to the BCe Date Board of County Commissioners Bee Offi::e 10/22/2008 2:59 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managerls Office 10:22/20083:15 PM ..-- fi le:/ Ie '\A Opnd8 T(>st\ Fxnort\ 1 1 .:; -Cktolwr% ')o')~ % ?(),)OO~\()Q 0/;' ')OHn A R no/" ')()nl='%')()('n Ion? nn()R Agenda Item No. 9K October 28, 2008 Page 3 of 18 Vita Tuscana.... Chronology of Events............ June 6, '07 ---------EW A Issued...... Oct. 6, '07 ----------- EW A Expired........... October--------CaIls to County Staff Nov. '07-----------Stop Work Order Issued. December '07--------- Fill & grade continues...... Dec. 16, '07 ----------- Commissioner Henning-- ...... "HELP" ...... Jan. 31, '08-------- Community Meeting. (County Staff ill prepared)....... Feb. 20, '08 --------2nd meeting. Commitment to level & hydro seed by end of Mar. '08........ Sept. '08 ---------- Where is the responsibility and accountability? Aoenda i1em No, 9K '"October 23. 2QrJB- Page 4 of 18 COLLIER COUNTY EARLY WORK A"THORIZATION PERMIT This s>>ermit for AR 96081must be posted on site. Project name Vita Tuscana AR # 7924 Sxcavation # 59.954 'R.O.W. Permit # nJa (canal) Contact Information: Name Chris Hagan. P.E. Company Addtess .Johnson Engine.ring Telephone nutnber (239) 434-0333 . Representing. Empire Developers' Group Activities all~ed by this permit: Clearin9. filling. excavation. and installim:, backbone drainage lake tlterconnect sYstem . , Clearing as sllown on drawing tit1eJI Clearing and Erosion Control Plan, Sheet 3 of 21~ Prepared by JohnsoJi Eng. Dated 14 Mav 2007 Excavation as shown on drawing titled Paving, Grading. an~ Dr~~nage Plan. sheets 7 & 8 of 21. Preparediby Johnson Eng. J Dated 14 May 07 E- The undersigned have reviewed the ;Ians submitted with the application for this Early Wor1t Authorization and finct that the requirements listed in Section 10.01.02{B) of/the Collier County Lan. Development Code have been met and thus the named construction activitieis for this project may commence. For the Environmental Review Department Dated ?9hYiR ();/ Dated 0::; SUN 07 / V . See reverse side for Standa~ General & Special Conditions. Agenda Item No. 9K October 28, 2008 Page 5 of 18 10.01.02 Development Orders Required A. Development OrderRequired. No on-site or off-site development or development related activities, including site preparation or infrastructure construction, will be allowed prior to approval of the otherwise required development order or development permit including, but not limited to: SDP , SIP, Construction Drawings, or SCP, except where early work authorization has been approved. B. Early Work Authorization (EW A). 1. An EW A permit may be approved by the County Manager, or designee, for 1 or more of the following activities: a. Vegetation removal (site clearing); b. Excavations; c. Site filling; d. Construction of stormwater management facilities limited to ponds, retention/detention areas, interconnection culverts, and swale systems; and, e. Off-site infrastructure. f. Construction of a perimeter landscape buffer, berm, wall, or fence. 2. The County may issue an EW A permit for the allowed activities, subject to demonstrated compliance with the following criteria, as applicable: a. The proposed vegetation removal complies with Section 3.05.05.0.; b. County right-of-way permit has been approved; c. A determination of native vegetation to be retained for landscaping which would comply with Section 4.06.00; d. An excavation permit has been approved; e. A Soil and Erosion Control Plan demonstrating compliance with the provisions of Section 10.02.02. C.; f. Copies of all approved Agency permits being submitted, including, but not limited to: SFWMD, ACOE, USPWS, and FPWCC; g. Determination oflegal sufficiency of the EWA permit by the County Attorney's Office; h. Posting of a Revegetation Bond of not less than $2,000.00 nor more than $5,000.00 per acre dependent on the character of vegetation being removed; i. Assurance that all underlying zoning approvals are in place (e.g. PUD, C.D., etc.); j. This approval is good for 60 days with the possibility of2 ea. 30-day extensions dependent on the reason for the inability to gain proper approvals. After that time, cleared areas must be graded off and hydro-seeded; k The developer must clearly state his understanding that all such preliminary construction activities are at his own risk; 1. Provide assurance that the schedule of development activities created in accordance with the VRSFP, will commence at the time the EWA is issued, and will be a part of that 18 month time frame as set forth in Section 4.06.04 A l.a.vii.d. (Ord. No. 05-27, S 3.RR) i\,oenda Item No, 9K ~ October 28, 2008 Page 6 of 18 4.06.04 Trees and Vegetation Protection A. Vegetation Removal and Site Filling: 1. Clearing of woody vegetation requires a Vegetation Removal Permit or Vegetation Removal and Site Filling Permit unless exempted by section 3.05.02. The Vegetation Removal Permit process is governed by section 3.05.05. a. Permitted removal of vegetation or site filling with an approved Vegetation Removal and Site Filling Permit (VRSFP), Site Development Plans (SOP) or Plat and Construction Plans (PPL). i. For individual single family lots orblocks of lots 1) a completed building permit application must be submitted and deemed sufficient by Collier County, 2) all necessary current state and Federal environmental permits must be obtained. If these two items are fulfilled, a VRSFP must be obtained prior to removal of this vegetation, ii. To allow for safety during tree removal, if a developer owns contiguous single familylots, the trees on the single family lots directly adjacent to a lot where a house is under construction may be removed, if removal at a future date may be a danger to life or property. A VRSFP must be obtained prior to removal of this vegetation. iii. A developer will be permitted to clear up to 100 acres of residential, commercial, or industrial lots or building sites to store excess fill generated by lake excavations within the PUO or project where the excavation is taking place when the following information has been submitted and approved with the SOP or PPL. Fill dirt may be imported on to the site jf there is no excess lake material generated on site. Imported fill dirt may be used towards the lot preparation of not more than 50 acres, per section 4,06,04,A.1.a.iii.c, a) Plat and Construction Plans: Clearing for the construction of the infrastructure, such as road' rights-of-way, and drainage and utility easement areas shall be approved on site clearing plans within that phase of approved residential, commercial or industrial Plat and construction Plans, Clearing of individual lots orblocks of lots may be approved. i) The limits of each separate stockpile must be clearly delineated and the area, height, cross- section, and volume of each individual stockpile must appear on the drawing referenced to the stockpile. Slopes must not be steeper than a ratio of 4: 1. ii) The type of vegetation to be removed must be shown on the drawing. iii) The source of the material, such as lake number (lake #) for each stockpile must be indicated on the drawing and the amount of material excavated must justify the need to clear the proposed area. b) Site Development Plans (SOPs) and Site Improvement Plans (SIPs): i) Commercial and industrial: Clearing for all infrastructure improvements and for building pads shall be approved on the SOP or SIP site clearing plans. ii) Residential SOPs: Clearing for the construction of the infrastructure, such as road rights-of- way, and drainage and utility easement areas shall be approved on SDP clearing plans Clearing of individual lots or blocks of lots may be approved. iii) Preliminary Clearing and Excavation Permits (PCEP): Once the environmental review is complete and approved, the applicant may submit for a PCEP to allow for early clearing, excavation, and earthwork as per the work limits that are shown on the applicant's site plan. All requirements of section 3.05.05,C, 1. must be met. iv) The limits of each separate stockpile must be clearly delineated and the area, height, cross- section, and volume of each individual stockpile must appear on the drawing referenced to the stockpile. Slopes must not be steeper than a ratio of 4: 1, v) The type of vegetation to be removed must be shown on the drawing. vi) The source of the material, such as lake number (lake #) for each stockpile must be indicated on the drawing and the amount of material excavated must justify the need to clear the proposed area. Agenda Item No, 9K October 28, 2008 Page 7 of 18 c) A portion of the 100 acres may be used to bringbuilding lots to desired construction elevations. The area used to prepare lots shall not exceed 50 acres and those lots shall immediately be stabilized and seeded, to prevent erosion and exotic seed infestation. A separate VRSFP may also be obtained after SDP or PPL approval prior. iv. No VRSFP will be issued without first submitting copies of all required approved agency permits, regardless of whether the permit is for clearing and filling or simply filling a site, v. When a VRSFP authorizing up to 1 DO-acres of clearing and filling is nearing capacity, permission to clear and fill up to an additional 1 DO-acres to use excess lake material may be applied for with a new VRSFP application. vi. A VRSFP will be issued to authorize greater than 100 acres of residential, commercial, or industrial lots to store excess fill generated by lake excavations within the PUD or project where the excavation is taking place, when the property used for storing excess fill has been previously cleared or has greater than 75% canopy of exotics. vii. Revegetation: For VRSFPs within subdivisions, a revegetation bond in the fonn of a perfonnance bond, letter of credit, or cash bond and in the amount of $5,000.00 per acre must be posted. a) When fill is used to bring building lots to desired construction elevations those lots shall immediately be seeded, to prevent erosion and exotic seed infestation. b) All fill areas for lots or stockpiles must have erosion control silt fencing, c) Any stockpile in place for more than six months must be sodded or hydroseeded. Failure to do so within 14 calendar days of notification by the county will result in a fine of $10.00 per acre, per day. d) In the event that any portion of the stockpile is in place for greater than 18 months, the county will order the fill to be removed and the land to be revegetated. The density and type of revegetation must mimic nearby ecosystems, and must not be less than 64 trees per acre with associated mid-story and groundcover. 2. BCC Approved Vegetation Removal and Site Filling Permit Procedures. An applicant can seek approval by the Board of County Commissioners for a Board approved Vegetation Removal and Site Filling Permit (VRSFP) for a site that exceeds current thresholds contained in the Land Development Code. To be granted a Board Approved VRSFP, the applicant must demonstrate to the Board, through a Schedule of Development Activities, that the project will be completed in a reasonable amount of time so as to minimize noise, dust, blasting, traffic, and inconvenience to the neighboring and general public. All criteria in 4.06.04 A.1.a that applies to the administrative VRSFP, shall also apply to the BCe approved permit. B. Credit for Tree Preservation. Existing trees may be credited towards meeting the minimum tree planting requirements according to the formula in table 4.06.04 B.1. Fractional measurements shall be attributed to the next lowest category. Table 4.06.04 B.1, Calcula i\oenda item No. 9K - October 28. 2008 Page 8 of 18 CODE VIOLA TI01VS NOT APPLIED?? 1. HAULING FILL WITH OUT PERMIT $$$$ 2. LAKE VIOLATIONS.... (HEAL TH / SAFETY) $$$$ 3. CODE VIOLATIONS $ 72,210.00 LIABILITY??????? $$$$$$$ Agenda Item No. 9K October 28, 2008 Page 9 of 18 BONDS: 1. E.W.A. (Bond/Fees) $ 60,000.00 2. FEES / BONDS (vegetation) $150,000.00 TOTAL $210,000.00 COUNTY STAFF FORGOT TO COLLECT.... A.genda Item No. 9K October 28, 2008 Pagel0of18 MONIES OWED TO COUNTY: $481,260.52 BOND MONIES OWED: $4,217,008.14 MONIES OWED TO OTHERS: $2,119,000.00 FINANCI.t4L PROTECTION FOR COUNTY AND RESID,ENTS OF OLDE CYPRESS: Il Agenda Item No. 9K October 28, 2008 Page 11 of 18 From: SchmittJoseph Sent: Tuesday, November 20, 2007 7:43 PM To: mudd,j Subject: More on '2NAs Vita Tuscana... PPL-AR-7924 shows "COMPLETE" on everything except Impact Fees. The EWA was applied for on 19 Apr 06 but not issued until 6 Jun 07. Staff contacted the developer last week and was told that the money to pay the impact fees was arriving on Monday, the 26th of November and the final 0,0. would be obtained soon afterward. At that point, the EWA goes void and the PPL takes over. From: SchmittJoseph Sent: Thursday, December 20, 20075:35 PM To: chrzanowski_s; lorenz_w Subject: RE: Vita Tuscana Stan - 60 days with 2 ea 30 extensO is 4 months so the permits should have expired in October, correct? Their extensions will exp,o eon 8 Janua The original EWA was dated 6 Jun 07... it's on the list I compiled and sent out . _________.____,_ ,/,/---.--...-----.---------------..'- ---'------ (// I got another call from them this afternoon to assure me that they would be pulling the permits before that. "'--"..,,--_.-".~." . I will forward the scanned copy tomorrow, . The County Staffapprove ihe.PP"LonJl.me 14, 2007 with an expiration of 90 days if the sum of $350,000 is not paid. No extension found EWA permit was issued on June 6 2007 with a 60 day to complete work, Two 30 day extension could have applied for and granted, dependent on the reason for the inability to gain proper approvals. After that time, cleared areas must be graded off and hydro-seeded Staff gave an extension to January8:~ldQJ~<?!_~o.~,\Vhy or reasons for this extension m: mudd.J Sent: Friday, December 21, 2007 9: 12 AM '- - -....-......,-... We put the developer on notice today. He either picks up his SDP which is approved or restores "\ the area. ) / ~/ VR, Jim Mudd ------------ -- l\aenda Item r'~o< 9K ~ October 28. 2008 Page 12 of 18 ----.-------..--.-....------.y-"-.,..,---....--.,.... ,.,.._,..~..'-... ...-.--~..........,.......__.._'~._-_._...-.-.,_..._"....._"...."._.__..~- From: mayberrygene@aim,com [mailto: mayberrygene@aim.comJ Sent: Sunday, January 06, 2008 2:39 PM To: TomHenning@colliergov.net Cc: jamesmudd@colliergov.net; jodiebert@comcast.net Subject: Vita Tuscana Tom, Thank you and Jim for agreeing to meet with us on the subject at 3:30 P.M. , Thursday, Jan. 31. (Olde Cypress club house) It occurred to me that it might be beneficial to include Rick Melson, CEO, Empire Builders at this meeting. Please advise. Once again, thank you for the support. Gene Mayberry 597-3177 _u ____.________ ~: chrzanowski s ~ Sent: Friday, February 29, 2008 12:15 PM ~ Vita Tuscana, which has agreed to hydroseed after the buffer is in place From: J~~' ier oV.net To: heeB31937@~OL om e1li: 4/19/20086:0 .13 P.M. Eastern Daylight Time ubj: RE: BUFF.. PROBLEM VITA TUSCANA ( Lee \, Thank you for the note and the feedback on staff. We officially advised the developer that they .~ ~ must now hydro seed the area. I was informed this past week that the developer is expected to ~ ~~_a_~e all payments and pick up their permit this coming week, If that happens then the site will be ~med to be officially under construction, .~-- ------.- ~~ '"..... .--..------ Agenda Item ~~o. 9K October 28, 2008 Page 13 of 18 Joe Joseph K. Schmitt From: Diane Ebert [mailto:jodiebert@comcast.net] Sent: Sunday, April 27, 2008 1:49 PM To: Tom Henning Commissioner (TomHenning@colliergov.net) Subject: FW: BUFFER PROBLEM VITA TUSCANA Dear Commissioner Henning, How much longer is this going to go on? I could write a three page letter of promises from the County starting last November. Including meetings on January 31 st and February 20th., at Olde Cypress, but I won't waste your time. Please refer CDES employees to the regulations of Development Orders Required # 10.01,02 especially paragraphs G, H, J, and K. Where is the ACCOUNTABILITY in this County? Oops - sorry, the sand in the hourglass has just ran out! Time to Hydro-seed Now. PLEASE!!! Cordially, Diane Ebert Sent: Sunday, April 27, 2008 3:20 PM To: mudd_j Subject: FW: BUFFER PROBLEM VITA TUSCANA I have seen several dates in the past. I guess I don't know the new date. or the line in the sand? From: SchmittJoseph Sent: Monday, April 28, 2008 1:00 PM To: mudd_j Subject: RE: BUFFER PROBLEM VITA TUSCANA Jim i ~/~ Aoenda item r~o, 9K - October 28. 2008 Page 14 of 18 The buffer is essentially complete. We put the developer~n notice last week that considering that they have t-e-pick up ~ permit, to initiate hydro-seeding operation. I received word today '~om Mr. Slavich, the developer, that they ha one out for u Bill Slavich noted that they will have something by the end of the week as to whether they have secured the needed financing to start the project. r'.egardless, my instructions to Bll.l were tnat: we neeJed a scheclu:"" when' hydro-seeding will start and how long it will take 2008 9: 02 P_1I1 VITA TUSCANA Jim --~ \ We have officially notified the develo er must hydroseeding of Vita Tusca er our earlier agreement. oper did corn let ~rm and landscaping but they have not yet picked up nor ave they posted their portion of the Transportation Impact Fee which would allow them to proceed with development. From: mayberrygene@aol.com <mayberrygene@aol.com> To: henning_t Sent: Wed Jul 0915:58:412008 Subject: Vita Tuscana, Hydro seeding Dear Commissioner Henning, Thanks to your intervention the buffer for Vita Tuscana was completed in March, At our meeting of20 February. the folks on Horseshoe Drive committed to having the hydro seeding completed by April. The seeding has not been done and quite frankly, it looks pretty ugly back there. Our Olde Cypress HOA representative (Lee Berry) has repeatedly attempted to secure a status, but he is unable to get a straight answer from Mr, Schmidt, et. al. This Vita Tuscana snafu remains difficult to rationalize, but irrespective, may vie ask you once again to ask "what is going on"? The OIde Cypress community remains very appreciative of your efforts. Sincerely, Gene Mayberry Sent: Wednesday, July 09, 2008 4:37 PM To: muddj Cc: chrzanowski_s; puigj; GrimshawHeather Subject: RE: Vita Tuscana, Hydro seeding Jim After several attempts to negotiate and develop a plan for compliance, we were unable to secure a commitment for the work to be done. A Notice of Violation was served and a compliance date of6/21/08 was given. We are proceeding with prosecution before the CEB. Tiley did hydro seed some test areas but never completed the project See the attached email as I did so advise Lee of the same on 6/16/08. Joe Joseph K. Schmitt Administrator Community Development and Environmental Services Division office -- (239) 403-2385/2390 cell-- 595- 9751 "Balancing the demands of growth and the demands of the community" Agenda Item No. 9K October 28, 2008 Page 15 of 18 -----Original Message----- From: muddj Sent: Wednesday, July 09, 2008 4: 15 PM To: SchmittJoseph Cc: chrzanowski_s; puigj; GrimshawHeather Subject: FW: Vita Tuscana, Hydro seeding Joe, Please provide an updated status please. Last time we talked about this it was a code enforcement case. Thanks, Jim ----Original Message----- From: henning_t Sent: Wednesday, July 09, 2008 4:1 I PM To: muddj Subject: Fw: Vita Tuscana, Hydro seeding What is the answer Commissioner Henning I have several concerns about Vita Tuscana development and a lack of oversight by your Staff in enforcing the Land Development Code. The Developer applied for a EW A over a year ago and was approved by your Staff. The EW A and VRSFP bonding-was not collected by YOUF Staff. 'This property is cleared and no other work is being preformed. There is a code case (see attached) and there lies more concerns. Code has not applied the proper citations in your code and therefore will jeopardize the case. I feel the County should collect the Bonds and apply daily fine prescribed under your Land Development Code. In closing the Residents in Olde Cypress are frustrated beyond belief on how your Staff has and continue to apply the Commissioners laws. Regards Diane Ebert 5/22/08: Site visit bv InvestiQator Baldwin Notes indicate Investigator Baldwin met with Stan Chrzanowski, County Engineer, and based on that meeting, a violation was found to exist for failure to hydro-seed elevated lots. Investigator Baldwin determined that the lakes "are not a code violation or at a wrong angle". Baldwin spoke with the owner's representative and obtained assurances that the owner would hydro-seed. 5/23/08: First NOV Owner was given until June 21 to hydro-seed. First NOV appears defective, as it cites and states a section of the building code (Section 105.1) relating to structures and buildings (not applicable to the elevated lots at issue), and is served on the property manager, rather than the registered agent. 6/26/08: Reinspection Investigator Baldwin's notes indicate that upon reinspection, the violation remained. Based on this, Baldwin states "I will prepare for CEB jf not fully hydro-seeded by Monday the 30th of June", 6/30/08: Second reinspection. case preparation. and reiection of First NOV Agenda item No. 9K October 28. 2008 Page 16 of 18 At the second reinspection, according to Baldwin's notes, the violation still existed, The case was prepared for the CEB, and presented to supervisor Kitchell Snow for review, Snow rejected the case due to the defective NOV, and requested a new NOV. 7/3/08: Second NOV The second NOV was prepared and served, correcting the defects of the First NOV and giving owner until July 8, 2008 to correct. Specifically, the second NOV cites a more appropriate provision of the building code (Section 104.5,5, concerning dust control), along with LDC Section 4,06, 04.A1.a. vii[a-d](c:;gncerning seeding of elevated lots and stockpiles), which is appropriate for this tYPE:! of viofation. 719/08: Conversation with owner (/Baldwin'S notes indicate that the project manager assured him that the hYdro-see.d.in.g would be complete "early" in the week of July 14-18,.. ~ ~ "'- / tltO/08:""'.Third reinspection. case preparation, acceptance of .SeeondNOV Notes reflect thaTIFleviC:>1atiurJremainedas of thisdate~and--fhe case was reviewed and approved for CEB hearing by supervisor Snow. Agenda Item No, 9K October 28,2008 Page 17 of 18 '^';-'\ ----Original Mess From: Sch . Joseph Sent: F' ay, July 25, 2008 12:28 PM To: Ie umeauj; f1agg_d Cc: 10 nz_w; scribnerdav' '. rzanowski_s; CasalanguidaNick Subject: ' scana Landscaping Berm All New development as of today - CDES and Transportation are working an agreement to assist this developer in finalizing all requirements to allow for issuing of the approved permits for the development with essentially will allow the development to proceed. We are looking to bring the agreement to the Board for the 9/9 BCC meeting. We should have this done within the next 7 to 10 days. If we reach agreement, the code case will be continued and if the Board approves the agreement, the permits will be issued, Once issued the hydro-seeding is moot and for all intents and purposes the violation is abated. ~o) ~-~? '/'l7v Joe Joseph K Schmitt Diane Ebert !\oenda item ~~o, 9K - October 28. 2008 Page18of18 From: Sent: To: Cc: Subject: henning_t [TomHenning@colliergov.net] Saturday, October 18, 2008 6:57 PM mayberrygene@aol.com Diane Ebert RE: Vita Tuscana Commissioner, We will level those mounds and hydro seed the area. As Joe stated yesterday in the update, "The fines starting accruing as of October 10, 2008, and will continue to accrue until compliance is achieved. Our next step is to process the paperwork for an Imposition of Fines Notice to Empi~e Developers Group, LLC. The CEB Coordinator will be setting the Imposition of Fines hearing for Thursday, November 20, 2008." Once we have that hearing and the hearing officer agrees and signs the order then I sign the abatement request. The County does the work and a lien is put on the property for ~he fines and the cost of the work. As far as going public, this is already public, it was heard by the code enforcement board and Stan Chrzanowski has already admitted publically that he didn't properly have the developer put a bond down for the early work permit. Why a berm and landscaping got accomp~ished without proper permits is another story but I believe it was to satisfy the residents of Olde Cypress by this developer as he was trying to assemble the impact fees needed to start this project. VR, Jim Mudd From: mayberrygene@ael.com [mailto:mayberrygene@aol.com] Sent: Sat 10/18/2008 2:40 PM To: hennina t Cc: jodieb~rt@comcast.net Subject: Vita Tuscana Dear Con~issioner Henning, Diane Ebert and myself me~ with yeu and Jim Mudd (County Manager), on October 3, In your office to discuss grading and hydro seeding at the subject project. At this meeting, ~r.Mudd repeatedly stated that if the developer did not complete grading and hydro seeding by October 9, the county would complete this activity within thirty (30) days. Now I understand Mr Mudd's position is the County will levy a fine against the developer in lieu of Mr. Mudd's prior corrmitment. This is absurd! In fifteen (15) months ~he County has failed to co~lect any of the required bond monies and fines, and now putting forth such a notion is an insult to the Olde Cypress cornmuni~y. Commissioner, it is requested that Diane & I mee~ with you and Jim any time the week of October 20, to secure a resolution on this issue. As you know, I believe there is either considerable incompetence at county staff and/or tnere is less than an arms length relationship between county staff and this developer. Commissioner Henning this is not an attack on you, it is a charge against county management/staff and enough is enough. If we can not get compliance from Mr. [vIudd and his organiza~ion yle Day resor~ to "airing" this fiasco in the media as well as the Attorney General's office. Sincerely, Gene Mayberry McCain or Obama? Stay updated on coverage of the Presidential race while you browse _ Download Now! <http://pr.atwola.com/promoclk/100000075x12lll39l66x1200680084/aol? redir=http://toolbar,aol.com/elections/download.jtml?ncid=emlweusdown00080C02> 1