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Brent Batten: Former Naples councilman told to tear down New York house
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A judge has put a period at the end of a decade-long legal dispute involving former Naples City Council member Joe Herms and a controversial house he built on the bank of an upstate New York lake.
More like an exclamation point. An exclamation point with a wrecking ball at the end of it.
New York Judge Richard Giardino ruled last month that Herms must demolish what Herms contends is a boat house but that the judge ruled was really an unpermitted home.
The case is remarkable not just for its longevity and not just for the fact that it involved a onetime Naples vice mayor. It also exposed a Jekyll and Hyde quality about Herms, who operated here as an enemy of overdevelopment, but who stood accused in New York of ignoring zoning laws to build what he wanted in spite of the protestations of his neighbors and town.
The saga of Town of Caroga vs. Joseph Herms began in 1998, when Herms purchased a lot on Canada Lake. He sought permission to rebuild a cabin that burned in 1980. But laws had changed. A lakeside camp was no longer allowed. Structures must be set back 75 feet from the lake, under the new rules. Exceptions are made for boat houses, so Herms got a permit to build one.
Over the years, the town tried seven times to stop Herms once it became apparent he was building something more than a boat house.
Herms filed two counterclaims, one seeking $25 million in damages in a suit dismissed by a federal judge.
It all culminated in the lawsuit punctuated by Giardino’s ruling. It wasn’t pretty for Herms.
Throughout his 25-page ruling, the judge strikes down Herms’ arguments and questions his credibility.
For instance, the judge gave weight to a “former friend” of Herms who testified, “Herms had stated in sum and substance that the ‘local yokels’ were no match for the experience and capabilities Herms had gained from his efforts in Florida and that he would prevail in building a house on his property.”
The judge said he found no signs that the structure had the necessary accoutrements _ a place for boats for instance _ that one might expect to see in a boat house. “There is no ... dock, decking or other provision for ingress and egress to and from a boat driven beneath the structure.”
In addition to ordering the structure torn down, Giardino ordered Herms to pay $50,000 to the town. “Herms has consistently harbored the single-minded intention to build a camp residence on his property. If there is anything for which Herms can actually be commended, it is his dogged determination to see his plan through to reality,” the judge wrote.
Herms has 30 days to appeal the ruling. Lacking an appeal, he must begin demolition within 60 days.
Herms left Naples City Council in 2003 to pursue an unsuccessful bid for mayor. He has sold his business here, the Furniture Collection, but still splits time between Naples and New York, where, if the judge’s ruling is any indication, he’s not held up as a model citizen.
“His ambition appears to have superseded his judgment,” Giardino wrote.
E-mail Brent Batten at bebatten@naplesnews.com
Comments
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He and his 3 amigos were mostly sleeze in sheepswool...he tried to sneak in a extra power meter at his 1st house west of the hospital so he could illegally rent it with separate power..he illegally rented it anyway and worked out the power...same ole ****...small town politics...and take that other councilperson with you..you know...the one whose husband (& wife team) scammed the Sanibel money from a couple in that venue...behind just about every door in Naples, there is a story....its the nature of the wannbees...
#1 Posted by Trexler on August 2, 2008 at 6:48 p.m. (Suggest removal)
Agreed, Trexler. This story doesn't surprise me. Nor does yours concerning this joker.
#2 Posted by oldcop007 on August 2, 2008 at 7 p.m. (Suggest removal)
I remember when Herms' NY property and his shenanigans up there became a part of the mayoral campaign. Total denial, he said none of what was reported was true and that it was a smear campaign. It wasn't then and his hypocrisy cost him (in part) that election. His supporters rallied around him and now that the truth is a matter of record, he'll be shunned.
Poor Joe, he never was as smart as he thought he was. And he never was as righteous as he pretended to be.
#3 Posted by Wisernow on August 2, 2008 at 7:16 p.m. (Suggest removal)
I am not surprised at all. Herms was never one to follow the rules. He believed that the rules only applied to everyone else but him and always felt he was above the law.
He also had trouble with the commercial buildings that he owned on Goodlette Rd & Central Ave. There were a number of code violations there also.
He has always been nothing more than and arrogant weasel in my book. Another one of those politicians that tried to pass themselves off as this great conservative person who was going to save us all.
Good to see the good people of the Town of Caroga were not afraid of him.
#4 Posted by swfl_ff on August 2, 2008 at 7:17 p.m. (Suggest removal)
Too funny! All he needed was a dock or two, but his arrogance ruled his decision.
Now, the judge ruled accordingly.
#5 Posted by beetlejuice on August 2, 2008 at 9:54 p.m. (Suggest removal)
Goes to show that sometimes justice may be delayed but never denied.
#6 Posted by chap914 on August 2, 2008 at 10:33 p.m. (Suggest removal)
di-no-mite in Caroga to-nite???
#7 Posted by Naplestango on August 2, 2008 at 11:03 p.m. (Suggest removal)
http://www.leaderherald.com/page/cont...
read the story from the Upstate New York paper.
#8 Posted by deltaraider21 on August 3, 2008 at 6:59 a.m. (Suggest removal)
Poor Joe has had his wings clipped. We should also keep in mind that one of the birds who flocked together with Joe as the "Three Good Men" (and who were elected to City Council as a slate) includes a sitting County Commissioner by the name of Fred Coyle (who sometimes attends County Commission meetings by phone and other times doesn't fly in at all). After feeding as long as he wanted from his taxpayer-funded position, rumor has it that the Coyle-bird is preparing to perch in a state out west. The third bird, Fred Tarrant, flew out of the country long ago and is last known to have nested in Central America. Wonder what other roosts these so-called Conservative Hawks -- Vultures in Doves' clothing -- have chosen around here. Watch out below!
#9 Posted by unygfw on August 3, 2008 at 9:53 a.m. (Suggest removal)
You just can't hide class or lack of it. Joe was and still is a hypocritical, sanctimonious blowhard. Hopefully his face won't be seen here again for a long time.
Whatever happened to Teresa? I think she finally wised up.
#10 Posted by fishy on August 3, 2008 at 10:35 a.m. (Suggest removal)
after norris constantine hancock and dorrel
#11 Posted by welcome02 on August 3, 2008 at 12:47 p.m. (Suggest removal)
Joe Herms is far more than a blowhard. Joe Herms is
a criminal of the worst kind. Joe Herms is a snake who crawled into this town and took advantage of the good people of this town from the start. Joe Herms is a coward and a sneak who used his position of trust for his own gain. Joe Herms is guilty of conspiracy to violate the Sunshine laws along with others who violated the public trust. Joe Herms and others like him care only about themselves, not the public who elected them. Joe Herms is very good at what he does just as other local politicians who come from the same cloth.
#12 Posted by goldenmorgan on August 3, 2008 at 9:57 p.m. (Suggest removal)
You know, with the poor quality of construction that Herms uses they won't have to wait long till the stupid structure just falls down..... no wrecking ball needed.
#13 Posted by FlyGuy on August 6, 2008 at 3:52 p.m. (Suggest removal)
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