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Frank Recker
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“It looks like a political pout job. It’s about the new (city) policy and it’s working,” Councilman Frank Recker said of how code board members are handling the change.
MARCO ISLAND — The standoff began when the chairman of the Marco Island Code Enforcement Board requested the cancellation of the February code board meeting, citing a lack of cases.
There were no new cases and only three cases that involved requests to lower fines. Previously, there would be 20 to 30 cases on a docket.
It’s all part of the new city strategy to have a friendlier code compliance process, City Council Chairman Frank Recker said of the lack of new citations making it to the code board.
Last year, the council recommended code officers, who also are police officers, work with residents to gain compliance and avoid taking them to the code board whenever possible. It was recommended that the code board mitigate or lower fines when practical as well.
Recker had called for the disbanding of the code board, replacing it with a special magistrate, but the idea didn’t garner enough support to get a vote from his council peers in December.
Code board members now are saying that city officials are getting rid of the code board through another means — if you can’t rid of the board, just don’t present it with any cases.
The code board meeting that was scheduled Feb. 8 was canceled because of the lack of cases.
“The decision to cancel was based on pure economics and wise use of resources. Basic management 101,” said Richard Adams, chairman of the code board.
It was a waste to make all seven volunteer members and five city employees gather for so little work, Adams argued. It was inappropriate to have the people who were cited fly in from out of state and have the board’s attorney drive in from Florida’s east coast, where the city’s contracted law firm is based, he said.
Recker saw it differently.
Tensions mount
Marco Island officials disagree so adamantly that they’re calling for each other’s resignations.
“We can flip a coin to decide who goes first,” Code Enforcement Board member Joe Granda wrote in an e-mail to Councilman Chuck Kiester on Feb. 4.
Photo by KELLY FARRELL, Staff
Marco's new-look council members pose for a portrait. Back, Larry Magel, Chuck Kiester, Wayne Waldack and Joe Batte. In front are Jerry Gibson, Frank Recker and Bill Trotter. Photo by Kelly Farrell/Staff
“It looks like a political pout job. It’s about the new (city) policy and it’s working,” Recker said of how code board members are handling the change.
Recker suggested the board might just meet every two months instead of every month, given the lack of new cases.
If you’ve ever had code enforcement officers knocking on your door, you might think there is no such thing as too few code cases.
Not everyone agrees, of course.
Marco Island officials disagree so adamantly that they’re calling for each other’s resignations.
“We can flip a coin to decide who goes first,” Code Enforcement Board member Joe Granda wrote in an e-mail to Councilman Chuck Kiester on Feb. 4.
“The ball is in your court,” Granda said.
Thus far, both sides have decided to stand their ground and keep their seats.
Councilman Bill Trotter was among the council members who opposed the idea of replacing the code board with a magistrate.
In a somewhat rare public statement of disapproval, Trotter has said he found Recker’s decision to approve the spending of more than $7,000 in legal fees to draft an ordinance getting rid of the code enforcement board as inappropriate without having first sought other council members’ opinions on the matter.
Trotter did, however, agree with assertions made by Recker and others that code enforcement needed more stringent practices that would be followed consistently.
Code enforcement is in the process of implementing specific time frames for cases before they come before the board and increasing the documentation related to cases, Trotter said.
“More new cases will be going to them. There may be less activity, but I think the code board is needed,” Trotter said.
When Recker recommended a removal of the board, he had cited a magistrate’s potential superiority in implementing due process, law and impartiality, rather than having neighbors arguing with one another.
“There’s a case to be made not to have a citizens’ code board and having a magistrate. I’m not pursuing the battle,” Recker said in a recent interview.
Marco Island Code Compliance Board
Scripps Interactive Newspapers Group
Comments » 10
marcofriend writes:
Let's see. Cars now park across sidewalks whenever they want and City police drive by and ignore. People water their lawns 7 days a week during times when their irrigations systems should not be on. Cars with for sale signs on them sit in drives and along public roadways and nothing is done.
I did see our Code Compliance Supervisor car #130 drop a young woman off at the Publix at 951/41 in East Naples last Sunday. There were 2 men in the car and neither was dressed as an officer. Maybe since we don't pay attention to our codes, we double as a taxi service.
The point is, the assumption is correct. We will not have cases before the Code Enforcement Board if no one is dealing with Code violations. Being warmer and friendlier is fine, but don't just ignore blatant code violations.
ajm3s writes:
The pendulum is now swinging the other way. The rash of foreclosures brought about a revision in Code Enforcement policy.
This is one of the changes on this island that I actually applaud. Kudos to Ms. Carr and Mr. Hassig and support staff. They now engage in education and compliance as the initial goal and issuance of violations only as the last resort for compliance.
I will say, to those that believe this island is non-compliant on many fronts, I would agree, but have you read the codes?
You can walk no more than 500 feet and list a host of code violations. I personally, choose to disregard, because I believe most infractions are minor and simply a result of many renters, or new residents or part-time homeowners who do not know all the ever changing codes on this island. I suggest you read the ordinances, a classic example is the constantly changing watering schedule, it seems to change annually. Or did you know your garbage can be only be curbside during a specified time of day? Could you imagine if we actually forced compliance for every trash barrel that was left out before or after hours. It would be a compliance gold mine, if you chose to pursue. Ir maybe, the Code Compliance Board, is upset, for this specific reason.
And to the Code Compliance Board, did some on the Board actually want to disband several months ago, as a form of protest? And now they complain that there are not enough cases. Interesting, they complain when they do not like the policies of the Code Compliance Division and then complain when they have few cases.
There are a few choice members of the Board that should just never show up.
I thought I was a complainer, which I am, but I have a long way to go to match some on the Code Board in their pettiness.
MrBreeze writes:
Lets not forget the many fines that the code enforcment people have leved against people. Many adding up to 250.00 dollars per day.
Code enforcment is good when used properly and for a long time on Marco Island it was not being used properly.
happy6 writes:
in my neighborhood (street) there are:
1 boat trailer
1 jetski trailer
dozens of cars parked in the "yard"
orange tape around a yard
For Sale signs on cars every weekend in the same yard
i have emailed the code enf. folks...to no avail...so let's turn ourselves into another Goodland...
happyhorowitz34145 writes:
Code Copliance is needed.
What is not needed is the underhanded ways that the members of the past and present City Council used the Code Board, and also members of the Code Board themselves to carry out there personal agendas.
So, Granda don't flip a coin, take you and your little badge (that you like to flash around at Publix) and your turkish towelhead buddy and just quit.
Ms. Carr keep up the good work!
Tony Sans, doing an excellant job!
ChuckKiester writes:
Unfortunately, the staff writer of this article left out a few facts---that being the fact that this is now the second time the code board tried to circumvent its duty, the first time by trying to adjourn the meeting before hearing the cases brought before it and the second time where they in fact did cancel the meeting because of insufficient number of violations to review. In both situations it is my understanding that those being charged with violations either had lawyers available to attend the meetings or, in the first case, they were actually in attendance. In the second case of the canceled meeting the property owner in one of the cases was ready to fly down from wherever in order to be available at the meeting. In this case, city staff was able to contact the individual in time to cancel his/her airline reservation. As all of you know, however, keeping lawyers on retainer and canceling airline reservations at the last minute costs money---in addition to the costs of city staff (including attorney) preparing for the meetings including the advertisement thereof. You can verify my comments by viewing emails at city hall. Chuck Kiester
RayPray writes:
Keep up the trenchant reporting!!!
ajm3s writes:
I for one am greatly dismayed with the fight between some on the Code Board and the city. On this one I side with the City. In fact, I believe the city is working at resolution amongst all parties and now establishing effective policy to bring about an efficient, yes, efficient means to getting these properties back into the marketplace, rather than sitting fallow.
There was a need to abandon the past policies of generating exhorbitant fines with the hope of forcing compliance.
I will actually make the call, this is one of the best things the City has initiated which gives me hope that government can see the big picture and make appropriate policy changes to allow the market to operate openly and efficiently.
Exorbitant compliance fines were distorting the market and sale of foreclosed properties on Marco Island. And generating more non-compliance. This new approach resolves this issue and allows the Code Compliance division of the city operate more efficiently.
Now how do we convince the Code Board that it is the interest of those in this city that resolution is the key, not who get to decide. They should be cognizant of their responsibilities, but based on your comments they are even insensitive to the consequences of their inaction.
God help us all, and thanks Mr. Kiester for adding to the story. I wish the press was more pressing.
ChuckKiester writes:
Islandeye amd MarcoWoman: On the few occasions I comment on these stories my primary intent is to inform residents of the facts as I know them. Each councilor appoints one member to the code board with affirmation by a vote of the full council. When I tried to replace my representative the council voted me down. I was disappointed in her participation in the boards' effort to adjourn the meeting w/o hearing the cases before it. Chuck Kiester
happyhorowitz34145 writes:
Well, thank you Ray.
Constantly seeing the inner workings and dealing with the two written about earlier, Olmstead, Thompson, Reviere, Moss and all the shananigans that go on at City Hall does make oneself a little sarcastic.
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