Controversy erupts over code meeting
Belleair Code Enforcement Board levies fines for Belleview Biltmore
By HARLAN WEIKLE
| Article published on Wednesday, Nov. 4, 2009 |
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BELLEAIR – A controversy sparked by what some labeled an inappropriate suggestion by a board member and a private conversation during Monday’s Code Enforcement Board meeting spilled over into the Town Commission meeting Tuesday.
Mayor Gary Katica interrupted the regular meeting agenda Tuesday by asking to speak about a matter that he said, “Has been burning in my mind.”
Katica, who attended Monday’s meeting of the Code Enforcement Board, recalled how he had witnessed code board member Don Newman and another person having a private conversation during the course of the Monday meeting. Town Manager Micah Maxwell later identified the other participant in that conversation as board member Jeff Lopatin.
Present at Monday’s meeting were representatives of the Belleview Biltmore – Latitude Management Real Estate Investors Managing Director Joe Penner, project architect Richard Heisenbottle, and Don Harn of Skanska the project construction manager.
On Monday night the board voted to fine Latitude Management Real Estate Investors $250 a day for continued violation of the town building code.
The Biltmore, which is now closed and with no start date as yet set for its restoration, remains as it has for five years under a patchwork quilt of roof repairs that fail to meet the town’s building code. Neighbors complain of windblown debris from the roof littering the landscape and town officials worry about public safety.
The fines became retroactive to Nov. 1.
Following Katica’s utterance Tuesday, resident Steve Johnson, who also attended the previous night’s code meeting, read from a prepared statement quoting Newman as saying, “If the hotel did something for the country club perhaps the board would do something for the hotel.”
Johnson demanded the commission remove Newman from the code board for what he termed, “An inappropriate suggestion. I think he (Newman) mentioned parking spaces.” Johnson called Newman’s statement, “A quid pro quo proposal that might as well be termed bribery.”
Johnson concluded that because no one present on the board who heard Newman’s statement objected the entire board ought to be replaced. The other serving members of the code enforcement board are Sherrie Morton, A.T. “Buzz” Cooper, Jeffrey Lopatin, Nancy Reardon, Tom Vourlos and David Grieco.
During last year’s sometimes rancorous town hall meetings over variance requests by LMREI, several issues emerged between the owners of the Biltmore property and officials of the Belleair Country Club. LMREI wanted to reduce parking density yet, at the same time needed required additional off property, overflow parking and asked to use country club parking on occasion. In return LMREI agreed to spend money for landscaping and to maintain the club’s existing parking space. The request was approved.
“In the years I have been in Florida I have developed a great respect for the state’s Sunshine Law and we cannot tolerate any situation that abuses that trust,” Katica said.
Asked for a legal assessment of the circumstances surrounding the alleged misconduct during the code board meeting, Town Attorney David Ottinger, who was not present at Monday’s meeting said, “This should not be taken lightly; in fact a similar situation in Venice (Florida) recently resulted in nearly $700,000 in legal costs.”
The commission opted to refrain from further discussion of the matter pending a legal assessment by consul.
After the meeting Ottinger confirmed there would likely be an investigation, but at the same time offered another possibility, that the alleged ex parte conversation may have been nothing more than a conversation between a board member and an audience member, which he added is not subject to restriction under the Sunshine Law.
In other action:
• Commissioners set March 9 as Election Day. On the ballot are the seats currently held by Commissioners Karla Rettstatt and Tom Shelly. Election will carry a term of three years – a change that officials instituted after the last round of voting in a move designed to save money by reducing the frequency of more costly off-year elections. The qualifying period for the March election begins Nov. 25 and ends Dec. 15 at 4 p.m.
• The commission gave the go ahead to spend $270,000 for new vehicles including a 2010 Crown Victoria Police Interceptor, a 15-passenger Ford club wagon for the Dimmitt Community Center and two waste disposal vehicles sticker priced at $101,000 and $122,000.
• Belleair Police Officer Allison Bennett received praise for averting a potential Halloween night tragedy. While on patrol, Officer Bennett spotted a flickering light at a residence on Oleander Road. Investigating she found an unattended candle had caught fire to some decorations which in turn had spread flames to the porch roof. Bennett aroused the family and together they quickly extinguished the blaze.
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Article published on Wednesday, Nov. 4, 2009
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