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CEB Minutes 03/28/2013 CODE ENFORCEMENT BOARD Minutes March 28 , 2013 March 28, 2013 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, March 28, 2013 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: VICE-CHAIRMAN: Gerald Lefebvre James Blake James Lavinski Lionel L'Esperance Tony Marino Larry Mieszcak Chris Hudson Robert Kaufman (excused) ALSO PRESENT: Diane Flagg, Code Enforcement Director Jennifer Baker, Code Enforcement Jean Rawson, Attorney to the Board Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: March 28,2013 Location: 3299 Tamiami Trail East,Naples,FL 34104 NOTICE: THE RESPONDENT MAY BE LIMITED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5)MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ORDER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. 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. 1. ROLL CALL Robert Kaufman, Chair Lionel L' Esperance Gerald Lefebvre,Vice Chair Tony Marino James Lavinski Larry Mieszcak James Blake Chris Hudson,Alternate 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES A. February 28,2013 Hearing 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Continuance Motion for Extension of Time 1. Elidia Garcia CESD20 1 1 0000425 B. STIPULATIONS C. HEARINGS 1. CASE NO: CEN20130001762 OWNER: RANDOLPH PACKING CO. OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTYCODE OF LAWS AND ORDINANCES,CHAPTER 54 ENVIRONMENT ARTICLE IV,NOISE SECTION 54-92 SOUND LEVELS NOISE EXCEEDING COLLIER COUNTY CODE OF LAWS CHAPTER 54,ARTICLE IV, SECTION 54-92 FOLIO NO: 38054160007 VIOLATION ADDRESS: 2560 39T"ST. SW.NAPLES,FL 34117 2. CASE NO: CESD20130000332 OWNER: JASON T. BRICK OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)UNPERMITTED ALTERATIONS MADE TO THE GARAGE FOLIO NO: 77412120006 VIOLATION ADDRESS: 1336 TRAIL TERRACE DR.NAPLES,FL 34103 3. CASE NO: CESD20120018416 OWNER: MAGALY AMADOR OFFICER: INVESTIGATOR JAMES SEABASTY VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 10.02.06(B)(1)(a) NUMEROUS ELECTRICAL,PLUMBING,HVAC AND STRUCTURAL VIOLATIONS FOLIO NO: 340560006 VIOLATION ADDRESS: 1900 WASHBURN AVE.NAPLES,FL 34117 4. CASE NO: CESD20120014103 OWNER: TINA M. FOGLE OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)NO PERMITS OBTAINED FOR AN APARTMENT INCLUDING BATH AND KITCHEN ABOVE THE GARAGE,AN AIR CONDITIONED UNIT,AN ENCLOSED GARAGE TO MEDIA ROOM,POOL BATHROOM AND AN ACCESSORY STRUCTURE WITH ELECTRIC AND HOT TUB IN THE REAR YARD FOLIO NO: 37593840009 VIOLATION ADDRESS: 521 18TH AVE.NW.NAPLES,FL 34120 5. CASE NO: CESD20120018399 OWNER: JAMES RAMOS OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 10.02.06(B)(1)(a)SINGLE FAMILY DWELLING CONVERTED TO A MULTI-FAMILY DWELLING WITHOUT FIRST OBTAINING COLLIER COUNTY BUILDING PERMITS FOLIO NO: 47974400003 VIOLATION ADDRESS: 3620 14TH ST.N. NAPLES,FL 34103 6. CASE NO: CESD20120015628 OWNER: FABRICIO FERNANDEZ&ALLISON J.FERNANDEZ OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 10.02.06(B)(1)(a)UNPERMITTED SHED/CABANA TYPE STRUCTURE IN THE BACKYARD AT THIS LOCATION FOLIO NO: 36457240005 VIOLATION ADDRESS: 5472 32ND AVE SW NAPLES,FL 34116 7. CASE NO: CESD20120018268 OWNER: LEOVIGILDO MAS OFFICER: INVESTIGATOR JAMES SEABASTY VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)NUMEROUS ELECTRICAL,PLUMBING,HVAC AND STRUCTURAL VIOLATIONS FOLIO NO: 337600005 VIOLATION ADDRESS: 1825 WASHBURN AVE.NAPLES,FL 34117 8. CASE NO: CESD20120016883 OWNER: JOSE& SARA LOPEZ OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: BUILDING AND LAND ALTERATIONS PERMITS(PERMITS, INSPECTIONS, CERTIFICATE OF OCCUPANCY REQUIRED)COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED SECTION 10.02.06(B)(I)(a) SCREEN PORCH AT FRONT OF PROPERTY, COVERED PORCH AT REAR OF PROPERTY AND DETACHED STRUCTURE(S)/SHED(S)IN REAR YARD OF PROPERTY ALL BUILT WITHOUT APPLICABLE COLLIER COUNTY PERMITS FOLIO NO: 62093360009 VIOLATION ADDRESS: 5323 GEORGIA AVE.NAPLES,FL 34113 9. CASE NO: CESD20120010800 OWNER: YANELIS GIL OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 10.02.06(B)(1)(a)AN INCOMPLETE UNPERMITTED ADDITION TO THE REAR OF THE HOME. FOLIO NO: 39029080001 VIOLATION ADDRESS: 4865 46TH ST.NE.NAPLES,FL 34120 10. CASE NO: CESD20120008432 OWNER: RAMON GARCIA OFFICER: INVESTIGATOR JAMES SEABASTY VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 10.02.06(B)(1)(a)NO COLLIER COUNTY BUILDING PERMITS FOR ALTERATIONS TO GARAGE INCLUDING WALL AND ELECTRIC FOLIO NO: 38053200007 VIOLATION ADDRESS: 2040 39TH STREET SW NAPLES,FL 34117 5. OLD BUSINESS A. Motion for Imposition of Fines/Liens CASE NO: CESD20100003739 OWNER: COLLIER REALTY CORP OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 10.02.06(B)(1)(a)COOLER/STORAGE CONSTRUCTED/ATTACHED TO BUILDING PRIOR TO OBTAINING COLLIER COUNTY BUILDING PERMITS FOLIO NO: 63863840004 VIOLATION ADDRESS: 101 NEW MARKET RD.E.IMMOKALEE,FL 34142 2. CASE NO: CESD20120006927 OWNER: JORGE L. MENDEZ OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)AND 10.02.06(B)(IXe)(i)PERMITTED GARAGE TURNED INTO LIVING SPACE WITH A FULL BATH AND A KITCHEN WITHOUT COLLIER COUNTY BUILDING PERMITS FOLIO NO: 40935360008 VIOLATION ADDRESS: 3320 2ND AVE. SE.NAPLES,FL 34117 3. CASE NO: CESD20120000114 OWNER: OLYMPIA PARK RTL BLDG DEV LLC. OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 6.06.03(A)FAILURE TO INSTALL STREETLIGHT AT NORTH ENTRY/EXIT AT VANDERBILT BEACH RD. FOLIO NO: 64630000021 VIOLATION ADDRESS: 2400 VENETIAN COURT NAPLES,FL 34109 4. CASE NO: CESD20120000116 OWNER: VP OFFICE HOLDINGS,LLC. OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 6.06.03(A)FAILURE TO INSTALL STREETLIGHT AT NORTH ENTRY/EXIT AT VANDERBILT BEACH RD. FOLIO NO: 237600008 VIOLATION ADDRESS: 2244 VENETIAN COURT NAPLES,FL 34109 5. CASE NO: CESD20120008679 OWNER: TERRY J KRAMER OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)PERMIT#2006014872 FOR A STEEL BUILDING AND PERMIT# 2004080864 FOR A POOL AND ELECTRIC HAVE BOTH EXPIRED WITHOUT ALL REQUIRED INSPECTIONS AND THE ISSUANCE OF A CERTIFICATE OF COMPLETION FOLIO NO: 37014480003 VIOLATION ADDRESS: 825 11TH STREET SW NAPLES,FL 34117 6. CASE NO: CESD20110012707 OWNER: SERAFIN RIVERON JR.& CARIDA O.MENENDEZ OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)ADDITION OF COVERED PORCH WITHOUT PERMIT FOLIO NO: 36232650008 VIOLATION ADDRESS: 1756 55TH TERRACE SW NAPLES,FL 34116 B. Motion for Reduction of Fines/Lien C. Motion to Rescind Previously Issued Order 6. NEW BUSINESS A. Elections 7. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE- April 25,2013 11. ADJOURN March 28, 2013 VICE-CHAIRMAN LEFEBVRE: Good morning. Welcome to the Code Enforcement Board. Notice: The respondent may be limited to 20 minutes for case presentation unless additional time is granted by the board. Persons wishing to speak on the agenda item will receive up to five minutes unless the time is adjusted by the chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. 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 proceeding 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. Roll call? MS. BAKER: Mr. Robert Kaufman has an excused absence for today. Mr. Gerald Lefebvre? VICE-CHAIRMAN LEFEBVRE: Here. MS. BAKER: Mr. Tony Marino? MR. MARINO: Here. MS. BAKER: Mr. James Lavinski? MR. LAVINSKI: Here. MS. BAKER: Mr. James Blake? MR. BLAKE: Here. MS. BAKER: Mr. Larry Mieszcak? MR. MIESZCAK: Here. MS. BAKER: Mr. Lionel L'Esperance? MR. L'ESPERANCE: Here. MS. BAKER: And Mr. Chris Hudson? MR. HUDSON: Here. Page 2 March 28, 2013 VICE-CHAIRMAN LEFEBVRE: Okay. Approval of the agenda? MS. BAKER: We do have some changes under No. 4, public hearings, motions, Letter A, motions, motion for continuance. We have two additions. The first will be No. 1 from hearings. It's Randolph Packing Company, Case CEN20130001762. The second will be No. 4 from hearings, Tina M. Fogle, Case CESD20120014103. Under motion for extension of time, we have two additions. The first will be No. 1 from imposition of fines, Collier Realty Corporation, Case CESD20100003739. The third will be No. 3 from imposition of fines, Olympia Park RTL Building Development, LLC, Case CESD20120000114. Under Letter B, stipulations, we have three stipulations. The first will be No. 5 from hearings, James Ramos, Case CESD20120018399. The second will be No. 2 from hearings, Jason Brick, Case CESD20130000332. The third will be No. 6 from hearings, Fabricio Fernandez and Allison J. Fernandez, Case CESD20120015628. And then we skip all the way down to No. 8, reports, and we have one addition under reports. It will be for Sattlebrook Apartments, LLC, formerly known as CEI Kensington, Case CEPM20120009999. And that's all the changes. MR. MIESZCAK: I'll make a motion to approve the agenda. VICE-CHAIRMAN LEFEBVRE: Do I hear a second? MR. LAVINSKI: Second. MR. MARINO: I'll second. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. Page 3 March 28, 2013 MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: Motion is approved. Approval of minutes for the February 28, 2013, hearing. MR. MARINO: Make a motion we approve the minutes. VICE-CHAIRMAN LEFEBVRE: Do I hear a second? MR. LAVINSKI: Second. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: Motion passes. All right. We're going to move on to No. 4, public hearings and motions. The first motion, we have a motion for continuance; is that correct? MS. BAKER: Yes, sir, for Randolph Packing Company. It was No. 1 on the agenda. VICE-CHAIRMAN LEFEBVRE: Correct. (The speakers were duly sworn and indicated in the affirmative.) Page 4 March 28, 2013 VICE-CHAIRMAN LEFEBVRE: All right. Would you like to explain why you would like a continuance? MR. CARMIGNANI: Yes. I -- VICE-CHAIRMAN LEFEBVRE: First off, can you state your name, please, for the record. MR. CARMIGNANI: Hi. Brooks Carmignani with Randolph Packing Company. I'm asking for a continuance. I was trying to secure an attorney just to get some legal advice; have not been able to do so yet. VICE-CHAIRMAN LEFEBVRE: And how do you represent Randolph Packing Company? MR. CARMIGNANI: I'm vice president. VICE-CHAIRMAN LEFEBVRE: And you have authority to speak on their behalf? MR. CARMIGNANI: Yes. VICE-CHAIRMAN LEFEBVRE: All right. Very good. Investigator? MR. AMBACH: We have no objections to the continuance. VICE-CHAIRMAN LEFEBVRE: Okay. Any questions from the board? MR. MIESZCAK: I would like to know a time frame. MR. CARMIGNANI: I'd like two weeks, if I could. VICE-CHAIRMAN LEFEBVRE: How about a continuance to the our next meeting? MR. MIESZCAK: I agree with that. VICE-CHAIRMAN LEFEBVRE: Okay. Do you -- Investigator, do you think this could get resolved within the next few weeks? MR. AMBACH: It's possible, yes. VICE-CHAIRMAN LEFEBVRE: Okay. So possibly -- it's possible that you won't need to come in front of us in 30 days? MR. AMBACH: It may have to. It's hard for me to judge. I did receive word from the complainant that the issues have become easier Page 5 March 28, 2013 out there -- VICE-CHAIRMAN LEFEBVRE: Okay. MR. AMBACH: -- to deal with at this point. VICE-CHAIRMAN LEFEBVRE: Okay. MR. MIESZCAK: I'll make a motion we do the next meeting. VICE-CHAIRMAN LEFEBVRE: Okay. MR. MARINO: I'll second that. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: Motion passes. MR. CARMIGNANI: Thank you. MR. AMBACH: Staff VICE-CHAIRMAN LEFEBVRE: If the issue's not resolved, then we'll see you here our next meeting, which would be -- MS. BAKER: April 25th. VICE-CHAIRMAN LEFEBVRE: Thank you very much. MR. CARMIGNANI: Okay. Thank you. MR. AMBACH: Thank you. VICE-CHAIRMAN LEFEBVRE: Next case, or next motion for continuance, is Tina Fogle. (The speakers were duly sworn and indicated in the affirmative.) VICE-CHAIRMAN LEFEBVRE: Thank you. Can you state Page 6 March 28, 2013 your name for the record, please? MR. McLAY: Yes. My name is James McLay, JHM Builders, general contractor, for Christina Fogle. VICE-CHAIRMAN LEFEBVRE: Okay. And you're here to speak on her behalf? MR. McLAY: Yes, I am. VICE-CHAIRMAN LEFEBVRE: And she has given you the authority to do so? MR. McLAY: Yes, she has. VICE-CHAIRMAN LEFEBVRE: Okay, great. Go ahead; if you can explain why you'd like -- MR. McLAY: We're are asking for a continuance. We're well into the process of bringing the home into compliance and just need a short -- a little bit more time to do so. VICE-CHAIRMAN LEFEBVRE: How much time do you think you'll need? MR. McLAY: To the next meeting would be fine. We should be submitting the packet by next week. We've already made one submittal. It came back for corrections. VICE-CHAIRMAN LEFEBVRE: Okay. And you feel that the work that's required could be accomplished in that time period? MR. McLAY: Yeah, no problem. VICE-CHAIRMAN LEFEBVRE: Okay. Does the county object? MR. DAVIS: The county does not object. VICE-CHAIRMAN LEFEBVRE: And if you can just state your name for the record also. MR. DAVIS: For the record, James Davis, Collier County Code Enforcement. VICE-CHAIRMAN LEFEBVRE: Okay. Any questions of the board? (No response.) Page 7 March 28, 2013 VICE-CHAIRMAN LEFEBVRE: Do I hear a motion? MR. LAVINSKI: Motion to extend till the next meeting. VICE-CHAIRMAN LEFEBVRE: Do I hear a second? MR. MIESZCAK: I'll second that motion. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: Motion passes; to the 25th of April. MR. DAVIS: Thank you. MR. McLAY: Thank you. VICE-CHAIRMAN LEFEBVRE: Thank you. All right. At this pace, we'll be out of here by 9:30. Motion for extension of time, and the next one is Elidia Garcia. (The speakers were duly sworn and indicated in the affirmative.) VICE-CHAIRMAN LEFEBVRE: Please state your name for the record. MR. GARCIA: My name is Miguel Garcia, and I'm coming here to represent my mom, Elidia Garcia. VICE-CHAIRMAN LEFEBVRE: Okay. All right. Can you please tell us why you're looking to -- for another extension? MR. GARCIA: Well, for the economy problem that we've been having, we haven't been able to finish up the job, complete the house, Page 8 March 28, 2013 and I'm just asking for more time to finish. VICE-CHAIRMAN LEFEBVRE: All right. This case was originally heard, and you had a stipulated agreement or -- and I'm not sure if you signed or your mother signed -- looks like your mother signed -- back in February of last year, and we gave you $365 (sic) -- or 365 days to correct the issue. Seems like quite a bit of time. Have they -- if you can state your name once again for the record. MR. DAVIS: For the record, James Davis, Collier County Code Enforcement. VICE-CHAIRMAN LEFEBVRE: Have they done anything to start the process to fix -- MS. DAVIS: As far as tracking the case, they've continued to go through the process. They've made a lot of progress. Like he said, with the economy, basically he's had to slow down as far as the costs that are going into the home. But as far as making progress monthly, he continues to make progress. VICE-CHAIRMAN LEFEBVRE: Okay. What exactly needs to be done? MR. GARCIA: Well, it's -- VICE-CHAIRMAN LEFEBVRE: A demolition permit. What work needs to be done on the house? MR. GARCIA: Well, what I have -- what I still have to do is, like -- it's about $59,000 that we have to put in -- I mean, to finish up the house. And we have to do the inspection for installation, plumbing, electrical, A/C, septic tank, drywall, stucco, painting, and well. VICE-CHAIRMAN LEFEBVRE: And that's still items you have to complete? MR. GARCIA: Yeah. VICE-CHAIRMAN LEFEBVRE: Any other questions from the board? MR. HUDSON: Are those inspections, or are they already in and Page 9 March 28, 2013 you're waiting on inspections? MR. GARCIA: Well, we're working on getting all this -- the job done so we can call for inspections. MR. MARINO: Are you waiting for the materials and stuff like that? I mean, you're saying $59,000. MR. GARCIA: Huh? MR. MARINO: Exactly what are you waiting for? MR. GARCIA: Well -- MR. MARINO: To buy materials? MR. GARCIA: To buy materials. VICE-CHAIRMAN LEFEBVRE: How much time are you looking for? MR. GARCIA: I'm asking for a year. VICE-CHAIRMAN LEFEBVRE: What are the thoughts of the board? MR. L'ESPERANCE: I'd like the recommendations of the county first, if I may. (The speaker was duly sworn and indicated in the affirmative.) MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. I would just like to point out that this was a foreclosure at one point, and they bought the piece of property with the violation on it, I believe. So they have made a lot of progress since they first purchased the property. They weren't the original violators. I just want to point that out. So the county would recommend giving them some time to fix this up since they have, you know, put some money and have shown an attitude to get this thing taken care of MR. GARCIA: And also, I mean, I have pictures of everything, all the progress that we've been doing since we started until now. And, you know, if you want me to show them to you, I -- VICE-CHAIRMAN LEFEBVRE: No, I don't think that's Page 10 March 28, 2013 necessary. MR. MIESZCAK: There's nobody living there, right? MR. GARCIA: Well, this is an addition on the house that -- they were doing an addition behind the house. But the other house is -- my mom is living on it. Well, right now she's not here, but -- VICE-CHAIRMAN LEFEBVRE: Okay. MR. HUDSON: Mr. Chairman, can I point something out? VICE-CHAIRMAN LEFEBVRE: Yes, sir. MR. HUDSON: We comment a lot up here about how nice it would be when people would come to us early and ask for time. Now, I don't know how early this was, but 2/25/2013 on the letter indicates that they at least did try to reach out before, like, say this week or last week. It does appear that, you know, they made some effort to at least do one of our recommendations which is, if you need more time, come back to us sooner rather than later. MR. L'ESPERANCE: Mr. Chairman, I move that we grant the citizen's request for his time period of one year. MR. HUDSON: Second. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: (No verbal response.) MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. MR. LETOURNEAU: Thank you. Page 11 March 28, 2013 VICE-CHAIRMAN LEFEBVRE: The next motion for extension of time is Collier Realty. (The speakers were duly sworn and indicated in the affirmative.) VICE-CHAIRMAN LEFEBVRE: If you can state your name, please. MR. FREEMAN: My name is Ernest Freeman. I'm the general contractor representing Collier Realty. VICE-CHAIRMAN LEFEBVRE: Okay. And if you can just explain why you're looking for an extension of time, please. MR. FREEMAN: Currently -- we went through the process of getting the SIP completed. We've submitted it to the planners at the -- at Collier Government Center; however, the first set of reviews we had a few rejections, and the county will not allow us to submit the permit application until the second set of reviews have been either completed or either been rejected. So we're at that process with the county currently. VICE-CHAIRMAN LEFEBVRE: Okay. Because we heard this case back in August of 2011, and then you were granted an extension of time in January of 2012, November 29, 2012, again. How much time are you looking for? MR. FREEMAN: Ninety days. VICE-CHAIRMAN LEFEBVRE: Okay. Just a question. Why has it taken so long from this hearing, actually? MR. FREEMAN: I have had a lot of issues to arise from the owners. The owners had some issues with legal, meaning they were robbed on several occasions. They couldn't afford to pay for some of the applications and different things that -- regarding engineering with the SIP that had to be purchased. We finally got those things done where they were able to -- I don't know whether they had to get a loan. But they had a lot of issues that went within their -- you know, with their situation, and it was out of my control. Page 12 March 28, 2013 I've been on top of the case and been able to just really appreciate you guys granting me the extensions earlier, but everything has really been on their end. I've been able to submit the documents. My engineers are getting SIPs completed. But once more, the owners and, you know -- it's really been in their hands. VICE-CHAIRMAN LEFEBVRE: All right. Can you state your name, please? MR. WALKER: Yes. Again, for the record, Weldon Walker. Actually, with this particular case, the construction company has pretty much been informative and let me know exactly what was happening. I never felt like I didn't know what was going on. We did hear the case, as you had indicated, and he did express to me, along with the owner, the hardships that they had incurred due to robberies for some other stores that they owned which kind of slowed their process down. It is a series of unfortunate events but, again, I don't feel, from our perspective, that it's something that has been malicious or something that someone has just decided they weren't going to follow through on. They've actually taken steps to do that. VICE-CHAIRMAN LEFEBVRE: Is this an after-the-fact permit or permit by affidavit? MR. FREEMAN: It's similar to the case before this one. They purchased this property unknowingly that it had these issues on the property where it had a couple of structures that was already built without permits. VICE-CHAIRMAN LEFEBVRE: But that didn't answer my question. The question I have is, when you're submitting the applications -- MR. FREEMAN: Yes. VICE-CHAIRMAN LEFEBVRE: -- it's going to be after the fact? Page 13 March 28, 2013 MR. FREEMAN: Yes. VICE-CHAIRMAN LEFEBVRE: So it's going to be pretty quick? MR. FREEMAN: Yes, yes, yes. I understand what you're saying now. The permit process -- once the permits are approved, the structures are there; it should go pretty fast. VICE-CHAIRMAN LEFEBVRE: Right. MR. FREEMAN: Yes. VICE-CHAIRMAN LEFEBVRE: Okay. The respondent has asked for 90 days. Do I hear a motion from the board? MR. MARINO: I'll make a motion we extend it for 90 days. VICE-CHAIRMAN LEFEBVRE: Do I have a second? MR. LAVINSKI: Second. VICE-CHAIRMAN LEFEBVRE: Any further -- MR. MIESZCAK: I have a question. VICE-CHAIRMAN LEFEBVRE: Sure. MR. MIESZCAK: What does that do to the fines that are occurring? MR. L'ESPERANCE: They continue. VICE-CHAIRMAN LEFEBVRE: Jean? MS. RAWSON: There's already an imposition of fines ordered in this matter, so you have to extend it, maybe not from today, but from, you know, before. MS. BAKER: We haven't imposed this one yet. MS. RAWSON: It's set for today. MS. BAKER: Right. MS. RAWSON: And you didn't impose them. Okay, that's right. MS. BAKER: So the fines would -- there would be no fines. MS. RAWSON: Then we won't hear that. MS. BAKER: Right. MS. RAWSON: Right. You just won't hear the imposition of fines when we get to that part of the agenda. Page 14 March 28, 2013 VICE-CHAIRMAN LEFEBVRE: Right. MS. RAWSON: We'll just extend it, and then in 90 days, they can bring it back. MR. MIESZCAK: Very good. MR. L'ESPERANCE: Like that. MR. MIESZCAK: Thank you. VICE-CHAIRMAN LEFEBVRE: So I have a motion, a second. Any other discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. MR. FREEMAN: Thank you. MR. WALKER: Thank you, gentlemen. MR. MIESZCAK: I just wanted that on the record. VICE-CHAIRMAN LEFEBVRE: ***The next case is Olympia Park. (The speaker was duly sworn and indicated in the affirmative.) MR. JONES: For the record, David Jones, Collier County Code Enforcement. VICE-CHAIRMAN LEFEBVRE: Thank you. The respondent is not present? MR. JONES: No, they're not. VICE-CHAIRMAN LEFEBVRE: Okay. Well, can you tell me Page 15 March 28, 2013 why they might want an extension and they're not here? MR. JONES: You know, I've had several communications with them in the past regarding this issue. As you can see, they did provide some documentation for you. I can't speak of why they weren't able to make it. That's really all I can say about it. VICE-CHAIRMAN LEFEBVRE: Okay. Just looking for the -- you said they submitted a letter? MR. JONES: They did. VICE-CHAIRMAN LEFEBVRE: Okay. MR. JONES: It's like an email, in the form of an email. VICE-CHAIRMAN LEFEBVRE: Okay. This is regarding a streetlight in the front. MR. JONES: Yes, it is. VICE-CHAIRMAN LEFEBVRE: Yeah. When was this case originally opened? MR. JONES: If you give me one moment, I will tell you that. VICE-CHAIRMAN LEFEBVRE: Because in his letter it says that there was no practical way that anyone on such short notice would be able to attend, so I'm just wondering when this case was opened. MR. JONES: It's back to 2011. VICE-CHAIRMAN LEFEBVRE: Okay. MR. JONES: I don't have the exact date on hand, but it's -- end of 2011, beginning of 2012. I mean, it's rather -- it's been around. VICE-CHAIRMAN LEFEBVRE: And we had a finding of fact already, so -- MR. JONES: Correct. VICE-CHAIRMAN LEFEBVRE: I'm looking at this letter. I don't see anything that says they want it for, like -- extension of time, how much time they're looking for. MR. DAVIS: Yeah, I agree with you. I didn't see that in the letter either. VICE-CHAIRMAN LEFEBVRE: Okay. Page 16 March 28, 2013 MR. DAVIS: They're basically setting forth, you know, the financial issues they're having at this time, and then it's kind of the gist of it. VICE-CHAIRMAN LEFEBVRE: Okay. MR. HUDSON: I have a couple questions. Do you know what the lawsuits are? MR. DAVIS: I don't. MR. HUDSON: And the other question I have is why did we get a letter from the association and not the company being -- that is the respondent? MR. DAVIS: I couldn't tell you. I can say, again, that I've been in contact with the property management company regarding this, you know, to try to get the ball rolling, and that seems to be who's followed up with it. That's just where we're at. It's kind of been difficult to have contact with their owner as well as the -- it's a shared access agreement -- as well as their neighboring property owner. I've had zero communication with them, so -- MR. LAVINSKI: Mr. Chairman, if I remember right, this was an issue of about $4,500, if I remember correctly, and there's two parties involved. And I don't understand, for that kind of money, why one of them couldn't solve it. I make the motion we deny this extension of time. VICE-CHAIRMAN LEFEBVRE: Okay. And then hear the imposition of fines? MR. LAVINSKI: Right. VICE-CHAIRMAN LEFEBVRE: Do I have a second? MR. L'ESPERANCE: I'll second that. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. Page 17 March 28, 2013 MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: Motion passes. MR. DAVIS: Thank you. VICE-CHAIRMAN LEFEBVRE: All right. Let me get my paperwork. I apologize. I'm a little rusty being the chair. All right. We're going move on to stipulations. The next one -- or the first one is James Ramos. MR. GIANNONE: Good morning. (The speaker was duly sworn and indicated in the affirmative.) VICE-CHAIRMAN LEFEBVRE: Could you please state your name for the record? MR. GIANNONE: For the record, Joseph Giannone, Collier County Code Enforcement. VICE-CHAIRMAN LEFEBVRE: If you can pull the mike a little but closer to you. MR. GIANNONE: Joseph Giannone, Collier County Code Enforcement. VICE-CHAIRMAN LEFEBVRE: Do you need a spelling on that? THE COURT REPORTER: No, thank you. I have it. VICE-CHAIRMAN LEFEBVRE: Okay. Do you want to go ahead and read the stipulated agreement? MR. GIANNONE: Sure. The respondent shall pay operational costs in the amount of$80.86 incurred in the prosecution of this case within 30 days of the hearing, abate all violations by obtaining all required Collier County building permits or demolition permit, Page 18 March 28, 2013 inspections, certificate of completion/occupancy within 120 days of the hearing, or a fine of$250 per day will be imposed until the violation is abated. The respondent must notify Collier Code Enforcement Board within 24 hours of abatement of the violation and request the investigator perform a site visit to confirm compliance. Four, that if the respondent fails to abate the violation, the county may abate the violation by using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. VICE-CHAIRMAN LEFEBVRE: One other thing. If you can just state the name of the respondent and the case number, too. MR. GIANNONE: James Ramos, Case No. CESD20120018399. VICE-CHAIRMAN LEFEBVRE: And does the board have any questions? (No response.) VICE-CHAIRMAN LEFEBVRE: Is this property currently occupied? MR. GIANNONE: No, it's vacant. VICE-CHAIRMAN LEFEBVRE: Pardon me? MR. GIANNONE: It's vacant. VICE-CHAIRMAN LEFEBVRE: It's vacant, okay. Do I have a motion? MR. LAVINSKI: Yeah, motion to accept the stipulation. VICE-CHAIRMAN LEFEBVRE: Do I have a second? MR. MARINO: Second. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. Page 19 March 28, 2013 MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. Okay. Thank you very much. MR. GIANNONE: Thank you. VICE-CHAIRMAN LEFEBVRE: The next case or stipulation will be James Brick. MR. GIANNONE: That's actually Jason Brick, sir. VICE-CHAIRMAN LEFEBVRE: Oh, Jason, sorry. (The speaker was duly sworn and indicated in the affirmative.) VICE-CHAIRMAN LEFEBVRE: State your name for the record, once again. MR. GIANNONE: For the record, Joseph Giannone, Collier County Code Enforcement. VICE-CHAIRMAN LEFEBVRE: Thank you. And, once again, if you can read. MR. GIANNONE: Sure. The respondent shall pay all operational costs in the amount of$80.29 incurred in the prosecution of this case within 30 days of the hearing, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy within 120 days of the hearing, or a fine of$250 per day will be imposed until the violation is abated. The respondent must notify code enforcement within 24 hours of abatement of the violation and request that the investigator perform a site visit to confirm compliance. Four, if the respondent fails to abate the violation, the county Page 20 March 28, 2013 may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement, and all the costs of abatement shall be assessed to the property owner. VICE-CHAIRMAN LEFEBVRE: And, again, if you can state the name of the respondent and case number. MR. GIANNONE: Respondent, Jason T. Brick, Case No. CESD20130000332. VICE-CHAIRMAN LEFEBVRE: Any questions from the board? MR. LAVINSKI: Yeah. Are any of these alterations of turning that into living space where someone may be in there, living there? MR. GIANNONE: As of my last visit, there was nobody in there, but there was -- it's a garage that they converted to seemingly look like an apartment. There was a kitchen and a full bath. MR. LAVINSKI: But there's no one living in it to your knowledge? MR. GIANNONE: No, sir, not that I saw. MR. LAVINSKI: All right. VICE-CHAIRMAN LEFEBVRE: Do I have a motion? MR. LAVINSKI: Yeah. I'll make a motion, then, to accept the stipulation. VICE-CHAIRMAN LEFEBVRE: Do I have a second? MR. L'ESPERANCE: Second. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. Page 21 March 28, 2013 MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. MR. GIANNONE: Thank you. VICE-CHAIRMAN LEFEBVRE: Thank you very much. The next case is Fabricio Fernandez and Allison Fernandez. (The speakers were duly sworn and indicated in the affirmative.) MR. BOX: For the record, my name is Investigator Heinz Box, Collier County Code Enforcement. VICE-CHAIRMAN LEFEBVRE: Good morning. If you could please read the stipulated agreement. MR. BOX: Certainly. This is regarding Case No. CESD20120015628. The respondents are Fabricio Fernandez and Allison J. Fernandez. And, therefore, it is agreed between the parties that the respondent shall pay operational costs in the amount of$80.57 incurred in the prosecution of this case within 30 days of this hearing, abate all violations by obtaining all Collier County building permits and/or demolition permit, inspections, and a certificate of completion or occupancy within 120 days of this hearing or pay a fine of$200 -- or a fine of$200 per day will be imposed until the violation is abated. The respondent must notify the code enforcement within 24 hours of the abatement of violation and request the investigator perform a site inspection to confirm compliance; that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. VICE-CHAIRMAN LEFEBVRE: Thank you very much. Page 22 March 28, 2013 MR. BOX: Thank you. VICE-CHAIRMAN LEFEBVRE: Can you please state your name for the record? MR. FERNANDEZ: My name is Fabricio J. Fernandez. VICE-CHAIRMAN LEFEBVRE: Okay. MR. FERNANDEZ: And I need the permits. VICE-CHAIRMAN LEFEBVRE: And what? MR. FERNANDEZ: I need an extension for permits, that's it. VICE-CHAIRMAN LEFEBVRE: You need an extension? MR. FERNANDEZ: Yes, to take care of the permits. VICE-CHAIRMAN LEFEBVRE: Okay. The stipulated agreement says that you agreed to 120 days to have everything fixed. MR. FERNANDEZ: Yes. VICE-CHAIRMAN LEFEBVRE: Is that what you agreed to? MR. FERNANDEZ: Yes, sir. VICE-CHAIRMAN LEFEBVRE: Okay. Very good. Any questions from the board? MR. LAVINSKI: Is this as simple as it says here, just a shed cabana type -- MR. BOX: Yes, sir. It's a cabana structure. It's on the -- at the rear of the property. I wasn't able to actually go inside of it. I just saw it from a distance, and it's got windows and that type of thing. It's behind the house. MR. LAVINSKI: No one's living in it? MR. BOX: No, it's unoccupied. MR. LAVINSKI: I make a motion to accept the stipulation as stated. MR. MIESZCAK: And I'll second. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: First of all, does this have any Page 23 March 28, 2013 electricity to it? MR. FERNANDEZ: Yes, it does. VICE-CHAIRMAN LEFEBVRE: Okay, all right. Okay. With that, any other discussions? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. So you have 120 days. MR. FERNANDEZ: Okay. Thank you. VICE-CHAIRMAN LEFEBVRE: Thank you. MR. BOX: Thank you. VICE-CHAIRMAN LEFEBVRE: The next case -- pretty good. The next case -- we're moving down to hearings, and it would be Magaly Amador; is that correct? (The speaker was duly sworn and indicated in the affirmative.) MS. BAKER: This is in reference to Case CESD20120018416, violation of ordinance Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Description of violation: Numerous electrical, plumbing, HVAC, and structural violations. Location/address where violation exists: 1900 Washburn Avenue, Naples, Florida, 34117; Folio 340560006. Name and address of owner/person in charge of violation Page 24 March 28, 2013 location: Magaly Amador, 1105 West 26th Street, Apartment 2, Hialeah, Florida, 33010. Date violation first observed: December 13, 2012. Date owner/person in charge given notice of violation: December 14, 2012. Date on/by which violation to be corrected: January 13, 2013. Date of reinspection: February 4, 2013. Results of reinspection: The violation remains. VICE-CHAIRMAN LEFEBVRE: Can you state your name for the record, please? MR. SEABASTY: Good morning. For the record, Jim Seabasty, Collier County Code Enforcement. I would like now to present case evidence in the following exhibits: Eight photos, all taken by me, six were taken on December 13, 2012, and two were taken on December 14, 2012. MR. MIESZCAK: Motion -- MR. LAVINSKI: Motion to accept. VICE-CHAIRMAN LEFEBVRE: Do I hear a second? MR. MIESZCAK: Second. VICE-CHAIRMAN LEFEBVRE: Okay. Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) Page 25 March 28, 2013 VICE-CHAIRMAN LEFEBVRE: The motion passes. MR. SEABASTY: The first photo you see is the inside of a steel structure. In the back you'll notice there's a walk-in refrigerator. This was used in part of the process of processing and growing marijuana. There are no structural permits for the inside of this building. MR. L'ESPERANCE: The building is permitted? MR. SEABASTY: The building is not permitted. The way the -- if I can explain that. In the ag section you may put up a building without a permit; however, you must have a permit for electric or anything else that goes inside of it. The actual structure itself, ag land, ag use, you don't have a permit. You'll see here where they started jumping the electric. Now, again, this is used when we're going to run numerous electrical outlets for their grow lights, their fans, their HVAC, their air conditioning. Again, you'll see -- this is coming off the main box by the front door -- how they jumped the panel. This is an air conditioner they just stuck through the wall. This is another humidifying system, HVAC, because they need the humidity to grow the marijuana. Again, this is part of an HVAC system. This is the outside of-- just a view of the outside of the building coming in the property, and this is the actual steel structure itself. Now, originally they do have a permit for electricity for that structure. There are no other permits, just a permit for the electricity. They've done their own water; they have a well. So they bypassed everything else. I was requested by the Collier County Sheriffs Office to assist an investigation of this grow house, and I did find the electrical HVAC, plumbing, and structural issues. The notice of violation was delivered on December 21, 2012. As of today, the 28th of March, the violation does exist. There are no permits to remove the electric or the HVAC. MR. L'ESPERANCE: Can I assume that there's a single-family Page 26 March 28, 2013 house on the same property? MR. SEABASTY: No, sir. MR. L'ESPERANCE: Thank you. VICE-CHAIRMAN LEFEBVRE: Have you been in contact with the respondent? MR. SEABASTY: I have not been in contact with the owner. The owner originally denied any knowledge of that. And I did receive a letter from her attorney acknowledging that, yes, she does own that piece of property even though she is not here in Collier County and that she had no knowledge that there was a violation there. This is something called straw where somebody will buy a piece of property; let somebody else use it for illegal purposes. A piece of property like this, if you have three good crops in a year, if you turn it over, a building that size, you're talking maybe a million dollars on the street. MR. HUDSON: Mr. Chairman, I would like to motion that we find them in violation just because I feel like this isn't rocket science. VICE-CHAIRMAN LEFEBVRE: Thank you. I have a motion. Do I hear a second? MR. LAVINSKI: Second. MR. MARINO: Second. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? Page 27 March 28, 2013 (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. Do you have a recommendation? MR. SEABASTY: Yes, sir. VICE-CHAIRMAN LEFEBVRE: Thank you. MR. SEABASTY: That the Code Enforcement Board order the respondent to pay all operational costs in the amount of$81.15 incurred in the prosecution of this case within 30 days and abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy within X days of this hearing, or a fine of X amount per day will be imposed until the violation is abated; Two, respondent must notify Collier County enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any methods to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. VICE-CHAIRMAN LEFEBVRE: Can you put that up on the screen, please? All right. Would someone like to fill in the blanks? MR. LAVINSKI: Yeah. I'll make a motion that they pay the 81.15 in 30 days, that they have 30 days to correct the situation or a fine of$500 a day. VICE-CHAIRMAN LEFEBVRE: I have a motion. Do I hear a second? MR. HUDSON: Second. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. Page 28 March 28, 2013 MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. MR. SEABASTY: Thank you. VICE-CHAIRMAN LEFEBVRE: Okay. The next case will be Case No. 7. Leovigildo Mas. I know I didn't say that right. (The speaker was duly sworn and indicated in the affirmative.) MS. BAKER: This is in reference to Case CESD20120018268, violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Description of violation: Numerous electrical, plumbing, HVAC, and structural violations. Location/address where violation exists: 1825 Washburn Avenue, Naples, Florida, 34117; Folio 337600005. Name and address of owner/person in charge of violation location: Leovigildo Mas, 1825 Washburn Avenue, Naples, Florida, 34117. Date violation first observed: December 10, 2012. Date owner/person in charge given notice of violation: December 17, 2012. Date on/by which violation to be corrected: January 16, 2013. Date of reinspection: February 4, 2013. Results of reinspection: The violation remains. MR. SEABASTY: Good morning. For the record, Jim Seabasty, Collier County Code Enforcement. I would like now to present case evidence in the following Page 29 March 28, 2013 exhibits: Seven photos taken by Investigator Eric Short. We'll start with the first, please. MR. MIESZCAK: Motion to accept the photos. VICE-CHAIRMAN LEFEBVRE: Do I hear a second? MR. LAVINSKI: Second. MR. MARINO: Second. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. MR. SEABASTY: This is another grow house, and it actually happened to be diagonal to the one we just talked about. Now, these are transformers used to lower the voltage for their different apparatus. As you can see, they've taken their plumbing system and they've re-routed it quite a bit to get enough water for their plants. And to the left you can see another panel box that they've jumped over. Again, they used timers and other transformers to control when the lights come on, when they go off, when the humidity comes on and goes off, and the fans. This is where they structurally altered the building. You can see at the back they have the vents for the HVAC, and on the right we have a big storage tank with water. This is an air conditioning unit that's been pushed out of the side Page 30 March 28, 2013 of the house, and there's a relief pipe right there, the white one. This is some of the marijuana that's inside. This is inside the house now. And you can see how they've re-routed the electricity. That's it. Again, we were requested by the Collier County Sheriffs Office to assist in the investigation of this grow house. And as I stated, we found many violations with the electric, HVAC, plumbing, structural issues. A notice of violation was generated. As of today, the 28th of March, 2012 (sic), the violation remains. I have not heard from the owner. The property's been vacant pretty much since the sheriff made his raid. MR. HUDSON: Motion to find a violation. VICE-CHAIRMAN LEFEBVRE: Do I have a second? MR. LAVINSKI: Second. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. (No response.) VICE-CHAIRMAN LEFEBVRE: Do we have a recommendation? MR. SEABASTY: Yes, sir, that the Code Enforcement Board Page 31 March 28, 2013 orders the respondent to pay all operational costs in the amount of $80.57 incurred in the prosecution of this case within 30 days and abate all violations by, one, obtaining all required Collier County permits or Collier County demolition permit, all required inspections and certificate of occupancy/completion within X days of this hearing, and a fine of X dollars per day will be imposed until the violation is abated; Two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. VICE-CHAIRMAN LEFEBVRE: Do I have anyone that wants to fill in the blanks? MR. LAVINSKI: Yeah. Mr. Chairman, I think this is worthy of the last issue we had. I'd like to make a motion that they pay the 80.57 within 30 days, that they have 30 days to bring it into compliance or a fine of$500 a day. MR. L'ESPERANCE: I'll second that, Mr. Chairman. VICE-CHAIRMAN LEFEBVRE: Okay. Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. Page 32 March 28, 2013 VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. MR. SEABASTY: Thank you. VICE-CHAIRMAN LEFEBVRE: And I failed to mention, but we have seven board members here, and all the members could vote. MR. MIESZCAK: And a new one. VICE-CHAIRMAN LEFEBVRE: Yes. Okay. The next case will be Jose and Sara Lopez. MS. LOPEZ: No English. THE COURT REPORTER: She doesn't speak English. VICE-CHAIRMAN LEFEBVRE: Diane? MS. BAKER: She doesn't speak English. Is she the respondent? MS. FLAGG: Mr. Chair, if you can continue this one, we'll have someone speak to her to see if she's, in fact, the respondent, and we'll move on to the next case. VICE-CHAIRMAN LEFEBVRE: Okay, very good. She actually asked for an interpreter. Okay. MS. BAKER: Mr. Chair, if you want to move to the next case on the agenda, and then we can come back. MR. MIESZCAK: Motion to move to the next case on the agenda and come back. VICE-CHAIRMAN LEFEBVRE: Do I hear a second? MR. MARINO: Second. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: With one, do I hear -- all those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. Page 33 March 28, 2013 MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. The next case will be -- MR. MIESZCAK: Number 9? VICE-CHAIRMAN LEFEBVRE: Yes. Yanelis Gil. (The speakers were duly sworn and indicated in the affirmative.) MS. BAKER: This is in reference to Case CESD20120010800, violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Description of violation: An incomplete permitted addition to the rear of the home. Location/address where violation exists: 4865 46th Street Northeast, Naples, Florida, 34120; Folio 39029080001. Name and address of owner/person in charge of violation location: Yanelis Gil, 4835 (sic) 46th Street Northeast, Naples, Florida, 34120. Date violation first observed: July 17, 2012. Date owner/person in charge given notice of violation: July 18, 2012. Date on/by which violation to be corrected: August 17, 2012. Date of reinspection: February 4, 2013. Results of reinspection: The violation remains. MR. SHORT: Good morning. For the record, Investigator Eric Short, Collier County Code Enforcement. I would like to present case evidence in the following exhibit: One aerial photo obtained and printed from the Collier County property appraiser's website showing the unpermitted addition. VICE-CHAIRMAN LEFEBVRE: How many exhibits do you Page 34 March 28, 2013 have? MR. SHORT: I'm sorry? VICE-CHAIRMAN LEFEBVRE: Do you have more than one? MR. SHORT: No, that's all. VICE-CHAIRMAN LEFEBVRE: Oh, okay. I thought -- it sounded like you were going to have a list of them, so -- Have you seen it yet, this exhibit? MS. GIL: Yes. MR. MIESZCAK: Motion to approve the photo. VICE-CHAIRMAN LEFEBVRE: Do I hear a second? MR. LAVINSKI: Second. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. MR. SHORT: This case originated on July 17, 2012, as a complaint from the Collier County Sheriffs Office. I made a site visit with Corporal Via from the Collier County Sheriffs Office and made contact with Daniel and Yanelis, the property owners. Daniel admitted that the addition to the rear of the home was incomplete when they purchased the property. At first the respondents applied for and obtained a demolition permit, then later decided they wanted to keep and finish the addition. They have hired a professional Page 35 March 28, 2013 engineer to complete it. Permit by Affidavit No. PRBD20130203058 was applied for on February 8 and was rejected on February 20th. Resubmittal was received on March 21, 2013, and the permit is ready for issuance. VICE-CHAIRMAN LEFEBVRE: Do you want to -- MS. GIL: Yes. We're requesting, if it's possible, to have another year to finish everything, because we already hired someone to finish the job, but my husband is sick at this moment, and I'm the only one working in my house. So we're having a few economical problems. So definitely we're doing our best, because we already hired someone to finish the job, but it's just myself to pay everything in the house. VICE-CHAIRMAN LEFEBVRE: Okay. What kind of addition is it? MS. GIL: We're doing -- it's like a game room. VICE-CHAIRMAN LEFEBVRE: A game room. Okay. It looks like -- is that correct there's no roof on it right now? MS. GIL: Yeah, it have roof. VICE-CHAIRMAN LEFEBVRE: Okay. Because it doesn't look like there's a roof. It looks just like -- MS. GIL: Yeah, it does have roof VICE-CHAIRMAN LEFEBVRE: -- roof trusses. When that picture was taken, was it -- MR. SHORT: That was an aerial photo that's normally taken the previous year. VICE-CHAIRMAN LEFEBVRE: Right. It was January of last year. MR. L'ESPERANCE: Is that a flat roof or trusses that we're looking at, perhaps? MS. GIL: It's a flat roof. MR. L'ESPERANCE: Okay. VICE-CHAIRMAN LEFEBVRE: So was it originally a lanai area? Page 36 March 28, 2013 MS. GIL: Yes. That's how it was and, you know, we didn't know if it was permitted or not, because that was a foreclosure house. VICE-CHAIRMAN LEFEBVRE: Right. MS. GIL: I mean, the whole house, it was -- VICE-CHAIRMAN LEFEBVRE: Yeah, Sun Coast, yeah. MS. GIL: Yeah. VICE-CHAIRMAN LEFEBVRE: Okay. How much time are you looking to complete? MS. GIL: We're trying to do it before, but I want to ask for a year so that way we can have the whole time to finish everything, and that way I'm not going to have to come back to ask for another extension. VICE-CHAIRMAN LEFEBVRE: What stage of completion is it in now? MS. GIL: We have done a lot. I mean, I can tell you that it's maybe like a 15 (sic) percent, more than a 50 percent. But, I mean, it's -- I don't know exactly when we're going to finish it. Like I said, we're going to do our best to finish as soon as possible, but I'm the only one paying everything in the house. So it's -- I don't want to promise that I'm going to finish it before -- from our convenience, I want to finish it before a year, but I don't want to tell you that I'm going to finish it in six months and later on be over here asking for another permit because we haven't done it. VICE-CHAIRMAN LEFEBVRE: Right. MS. GIL: So -- but for sure, in a year everything will be done. VICE-CHAIRMAN LEFEBVRE: All right. How are you -- how are you looking to get this completed? And before you answer it, let me kind of lay out the scenario. Usually when you pull a permit and you're starting the process, there are inspections for the walls, for the windows, for -- and correct me if-- I'm probably missing several things, but if there's any plumbing or electrical, and once you complete everything, you can't see the electrical so -- Page 37 March 28, 2013 MS. GIL: That's the reason that we hired an architecture (sic). He is the person who's going to take care of everything, because I don't know anything about that. VICE-CHAIRMAN LEFEBVRE: So he's going to do, like you heard before, an after-the-fact permit, and he's going to sign off saying that everything was done correctly. MS. GIL: He's going to be the person who's going to take care of everything, go to the county to finish everything, because I don't know anything about that. So I do prefer better to hire someone else who's going to make sure that everything at this time is going to be okay and I'm not going to have to be back and forth. VICE-CHAIRMAN LEFEBVRE: Right. So how much do you have left to finish again? MS. GIL: I guess we've gotten down to 50 percent. That's what I think. VICE-CHAIRMAN LEFEBVRE: Okay. MS. GIL: But I don't know anything about that, so he's the person who's taking care of everything. VICE-CHAIRMAN LEFEBVRE: And they can do this themselves; is that correct? MR. SHORT: Yes. Like I said, it is a permit by affidavit, so they have hired an engineer. VICE-CHAIRMAN LEFEBVRE: Okay. Any other questions from the board? MR. MIESZCAK: No. I don't have any problem. MR. L'ESPERANCE: Mr. Chairman, do we have a dilemma here? Do we have to find them in violation, or should they have requested an extension of time, perhaps? VICE-CHAIRMAN LEFEBVRE: Yeah. I mean, this could have been done ahead at the beginning of our -- MS. GIL: My husband is sick -- has got sick, and we do have papers for everything. Page 38 March 28, 2013 VICE-CHAIRMAN LEFEBVRE: Right. But if you asked at the beginning of this meeting, this hearing, you could have asked for an -- possibly asked for an extension. MS. BAKER: Mr. Chair, they haven't had a hearing yet, so they wouldn't qualify for an extension of time. VICE-CHAIRMAN LEFEBVRE: Right. MS. RAWSON: You just have to give them, in your order today, enough time to finish. VICE-CHAIRMAN LEFEBVRE: Okay, I see. Okay. So we have to find them in violation and then give them -- if we decide, give them a year to complete the work. Any other questions of the board? (No response.) VICE-CHAIRMAN LEFEBVRE: Do we have a motion? MR. MIESZCAK: Do we have a recommendation? VICE-CHAIRMAN LEFEBVRE: Well, we don't -- we have to find them -- that there's a violation. MR. MIESZCAK: Okay. VICE-CHAIRMAN LEFEBVRE: Do I have a motion that there is a violation? MR. LAVINSKI: Yeah. I'll make a motion that a violation does exist. VICE-CHAIRMAN LEFEBVRE: Okay. Very good. MR. MARINO: I'll second it. VICE-CHAIRMAN LEFEBVRE: All right. Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. Page 39 March 28, 2013 MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. CHAIRMAN COYLE: Recommendation, please. MR. SHORT: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of$80 incurred in the prosecution of this case within 30 days and abate all violations by, one, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy within blank days of this hearing or a fine of blank dollars per day will be imposed until the violation is abated. The respondent must notify the code enforcement investigator when the violation has been abated in ordered to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. VICE-CHAIRMAN LEFEBVRE: Anyone want to fill in the blanks? MR. LAVINSKI: Yeah. I'll take a shot at it. I make a motion that the $80 be paid within 30 days. I'd like to make the time frame 180 days so we can take another look at this for progress and not let it slip through the cracks for another year, or a fine of$150 per day. VICE-CHAIRMAN LEFEBVRE: Okay. Do I have a second? MR. MIESZCAK: I'll second the motion. VICE-CHAIRMAN LEFEBVRE: Any further discussion? Page 40 March 28, 2013 (No response.) CHAIRMAN COYLE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. Do you understand what we just did? MS. GIL: Yeah, you guys are going to -- it's going to be just 180 days, right? VICE-CHAIRMAN LEFEBVRE: Right. You have to pay the operational costs within 30 days, and then we're going to give you six months. Now, like you've seen in previous cases, if after six months you don't have it done, what I do suggest is while that six months is going, you stay in touch with the investigator and let him know what you're doing, the progress of your work, because when you come back -- if you come back in six months and say, I need another six months, we're going to ask you that, and we're going to ask the investigator what have they done to correct or abate the issue. And then in six months, if you're not -- if you're not complete, then based on your work and everything, you can come back and ask for an extension of time. MS. GIL: Okay. VICE-CHAIRMAN LEFEBVRE: And then you'd be at the beginning of the meeting. You wouldn't have to sit here for an hour. MS. GIL: Okay. VICE-CHAIRMAN LEFEBVRE: All right. Thank you. MR. SHORT: Thank you. Page 41 March 28, 2013 MS. GIL: Thank you. MS. BAKER: Mr. Chair, if we could jump back to No. 8, Jose and Sara Lopez. VICE-CHAIRMAN LEFEBVRE: Absolutely. MS. BAKER: The county's asking that we withdraw this case and we'll bring it back next month to provide an interpreter for the respondent. MR. MARINO: Very good. VICE-CHAIRMAN LEFEBVRE: All right. We don't need -- that's obviously no motion or anything. The next one, Ramon Garcia. (The speaker was duly sworn and indicated in the affirmative.) MS. BAKER: This is in reference to Case CESD20120008432, violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Description of violation: No Collier County building permits for alterations to garage, including wall and electric. Location/address where violation exists: 2040 39th Street Southwest, Naples, Florida, 34117; Folio 38053200007. Name and address of owner/person in charge of violation location: Ramon Garcia, 2040 39th Southwest, Naples, Florida, 34117. Date violation first observed: June 12, 2012. Date owner/person in charge given notice of violation: June 19, 2012. Date on/by which violation to be corrected: July 18, 2012. Date of reinspection: January 21, 2013. Results of reinspection: The violation remains. MR. SEABASTY: Good morning. For the record, Jim Seabasty, Collier County Code Enforcement. I would like to present case evidence in the following exhibits: Four photos taken on June 12, 2012, by Investigator Danny Page 42 March 28, 2013 Condomina. Mr. Condomina -- MS. BAKER: Hold on. MR. SEABASTY: Oh, I'm sorry. VICE-CHAIRMAN LEFEBVRE: Do I have a motion to accept? MR. LAVINSKI: Motion to accept. MR. HUDSON: Second. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. MR. SEABASTY: The first photo shows you a side entry to the garage at this particular residence. This photo shows a wall that had been erected and a refrigerator that is placed next to the wall. This is a cooktop stove that was against the back wall. And this is a little dark, but you can just make out the -- looks like a little microwave. There's a cooktop, and all the way to the right we have a little sink. There; that's a little better. VICE-CHAIRMAN LEFEBVRE: Have you been in contact with the owner at all? MR. SEABASTY: No, sir, I have not been in contact with the owner; however, the owner has made contact through a permitting agent yesterday by voice mail stating that they were going to get a Page 43 March 28, 2013 permit by affidavit to complete this. I checked the computers this morning, excuse me, March 28, and I found that, yes, the permit had been issued, and today there is actually a final building inspection that is going to happen. Whether it passes or not, I don't know. VICE-CHAIRMAN LEFEBVRE: Any other questions of the board? (No response.) VICE-CHAIRMAN LEFEBVRE: Do I hear a motion? MR. LAVINSKI: Make a motion a violation does exist. MR. MIESZCAK: I'll second the motion. VICE-CHAIRMAN LEFEBVRE: Okay. Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. (No response.) VICE-CHAIRMAN LEFEBVRE: Your recommendation, please. MR. SEABASTY: Recommendation that the Code Enforcement Board order the respondent to pay all operational costs in the amount of$80.29 incurred in the prosecution of this case within 30 days and abate all violations by, one, obtaining all Collier County permits or Page 44 March 28, 2013 Collier County demolition permits, all required inspections and certificate of completion/occupancy within X days of this hearing, or a fine of X dollars per day will be imposed until the violation is abated; Two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of Collier County Sheriffs Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. VICE-CHAIRMAN LEFEBVRE: Is there someone that would like to fill in the blanks? MR. LAVINSKI: Yeah. I'll make a motion that the $80.29 be paid within 30 days. And you say the permit has been issued and they're ready? MR. SEABASTY: Yes, sir. The permit was issued yesterday, and today it is in an inspection status. MR. LAVINSKI: Okay. Then I would think 30 days ought to be adequate to wrap that up or a fine of$150 a day. MR. MIESZCAK: I'll second that motion. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) Page 45 March 28, 2013 VICE-CHAIRMAN LEFEBVRE: The motion passes. MR. SEABASTY: Thank you. VICE-CHAIRMAN LEFEBVRE: Thank you. The next one is Jorge Mendez. (The speaker was duly sworn and indicated in the affirmative.) MR. BALDWIN: For the record, Patrick Baldwin, Collier County Code Enforcement investigator. Violation: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Location: 3320 2nd Ave. Southeast, Naples, Florida, 34117; Folio No. 40935360008. Description: Permitted garage turned into living space with a full bath and kitchen without Collier County building permits. Past orders: On November 29, 2012, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR4865, Page 2620, for more information. The property is not in compliance with the Code Enforcement Board orders as of March 28, 2013. The fines and costs to date are described as the following: Order Item No. 1 and 2, fines at the rate of$150 per day for the period between March 1, 2013, through March 28, 2013, 28 days, for a total of$4,200. Fines continue to accrue. Order Item No. 5, operational costs of 81.15 have been paid. Total amount to date: $4,200. The owner has submitted a demolition permit to the building department. It's not ready for issuance yet. He's out of the country. He did call me, and he told me he wouldn't be here today. VICE-CHAIRMAN LEFEBVRE: Did he give you a time frame on when it was going to be completed? MR. BALDWIN: We have another case that was present to the Page 46 March 28, 2013 board about a house. This is in the garage of the house. He has got a demolition to remove everything on the property. He said as soon as possible, as soon as he gets back into the country. He didn't tell me when he's getting back into the country, though. VICE-CHAIRMAN LEFEBVRE: Did he ask for any kind of extension of time or anything? MR. BALDWIN: He didn't. He just said he'll come before you, and he'll ask for your leniency for the next hearing. VICE-CHAIRMAN LEFEBVRE: But once we impose the fines, then he would have to go to the commissioners, right? MS. FLAGG: We would submit a request to the board, as long as the parameters are met, to have the fines waived and the lien released. VICE-CHAIRMAN LEFEBVRE: Do I have a motion from the board to impose the fines? MR. MIESZCAK: I'll make the motion to impose the fines. VICE-CHAIRMAN LEFEBVRE: Do I have a second? MR. LAVINSKI: Second. MR. MARINO: Second. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. Page 47 March 28, 2013 MR. BALDWIN: Thank you. VICE-CHAIRMAN LEFEBVRE: If I'm not mistaken, we should be on to Olympia Park. Very good. (The speaker was duly sworn and indicated in the affirmative.) MR. JONES: For the record, David Jones, Collier County Code Enforcement. Violations: Collier County Land Development Code 04-41, as amended, Section 6.06.03(A). Location: 2400 Venetian Court, Naples, Florida, 34109; Folio No. 64630000021. Description of violation: Failure to install streetlight at north entry/exit at Vanderbilt Beach Road. Description of past orders: On July 26, 2012, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR4825, Page 885, for more information. This property is not in compliance with the Code Enforcement Board orders as of March 28, 2013. The fines and costs to date are described as the following: Order Item Nos. 1 and 2, fines at a rate of$100 per day for the period between January 23, 2013, through March 18, 2013, 65 days, for the total of$6,500. Fines continue to accrue. Order Item No. 5, operational costs of$80.86 have been paid. Total amount to date is $6,500. MR. MIESZCAK: Motion to impose the fine. MR. L'ESPERANCE: Second. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: I just have one comment. Mr. Lavinski mentioned earlier that to correct this he recollects that it was going to be $4,500, and we're imposing a fine of 6,500. So it would Page 48 March 28, 2013 have been cheaper to fix the problem than -- MR. JONES: Yes. VICE-CHAIRMAN LEFEBVRE: -- to let it go any further. MR. LAVINSKI: Absolutely. VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. (No response.) VICE-CHAIRMAN LEFEBVRE: Thank you. MR. JONES: Thank you. VICE-CHAIRMAN LEFEBVRE: The next case will be VP Office Holdings, LLC, and this is the same issue just different owner, correct? MR. JONES: It is. (The speaker was duly sworn and indicated in the affirmative.) MR. JONES: Okay. VP Office Holdings. Violations: Collier County -- this is kind of going to be a repeat of before but, of course, I'm going to go through it. VICE-CHAIRMAN LEFEBVRE: Yes. MR. JONES: Violations: Collier County Land Development Code 04-41, as amended, Section 6.06.03(A). Location: 2244 Venetian Court, Naples, Florida, 34109, with a folio number of 237600008. Violation was failure to install streetlights at north entry/exit at Page 49 March 28, 2013 Vanderbilt Beach Road. Description of past orders: On July 26, 2012, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR4825, Page 905, for more information. The property is not in compliance with the Code Enforcement Board orders as of March 28, 2013. The fines and costs to date are described as the following: Order Items No. 1 and 2, fines at a rate of$100 per day for the period between January 23, 2013, through March 28, 2013, which is 65 days, for the total of$6,500. Fines continue to accrue. Order Item No. 5, operational costs of$80 have not been paid. Total amount to date is $6,580. MR. MIESZCAK: Motion to impose the fine. VICE-CHAIRMAN LEFEBVRE: Do I hear a second? MR. MARINO: Second. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. MR. JONES: Thank you. VICE-CHAIRMAN LEFEBVRE: The next case will be Terry J. Page 50 March 28, 2013 Kramer. (The speaker was duly sworn and indicated in the affirmative.) MR. AMBACH: For the record, Chris Ambach, Collier County Code Enforcement. Violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 825 1 lth Street Southwest, Naples, Florida, 34117; Folio No. 3701448003. Description: Permit No. 2006014872 for a steel building, and Permit No. 2004080864 for a pool and electric have both expired without all required inspections and the issuance of a certificate of completion/occupancy. Past orders: On November 29, 2012, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR4865, Page 2605, for more information. The property is not in compliance with the Code Enforcement Board orders as of March 28, 2013. The fines and costs to date are described as the following: Order Item No. 1 and 2, fines at a rate of$250 per day for the period between January 30, 2013, and March 28, 2013, 58 days, for the total of$14,500. Fines continue to accrue. Order Item No. 5, operational costs of$80.57 have not been paid. Total amount to date: $14,580.57. MR. MIESZCAK: Motion to impose the fines. MR. L'ESPERANCE: Second. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. Page 51 March 28, 2013 MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. MR. AMBACH: Thank you. VICE-CHAIRMAN LEFEBVRE: The last case is Serafin Riveron and Carida O. Menendez. (The speakers were duly sworn and indicated in the affirmative.) MS. BAKER: Mr. Chair, before we read the summary, I believe the respondent would like to ask for some more time. So if you'd like to give them the opportunity to speak first. VICE-CHAIRMAN LEFEBVRE: Sure. Can you state your full name, please? MR. RIVERON: Serafin Riveron. VICE-CHAIRMAN LEFEBVRE: Thank you. And you would like some more time? MR. RIVERON: Yes, sir, about a month. My engineer, I guess he's out of town, and he's supposed to submit a -- because this was a permit with affidavit. And he's out of town right now. All the inspections have been passed. And we're just waiting for his letter. VICE-CHAIRMAN LEFEBVRE: Okay. Do you know when he's coming back into town? MR. RIVERON: No, but that's why I asked for at least a month. VICE-CHAIRMAN LEFEBVRE: All right. Any questions of the board? MR. L'ESPERANCE: What is the county's recommendation? MR. MUSSE: No objection at all. VICE-CHAIRMAN LEFEBVRE: Our next hearing is the 25th. Page 52 March 28, 2013 Do we want to push it back 60 days, that way we'll give him ample time? MR. LAVINSKI: That sounds reasonable. VICE-CHAIRMAN LEFEBVRE: Do I hear a motion? MR. LAVINSKI: Motion to extend 60 days. VICE-CHAIRMAN LEFEBVRE: Okay. Do I have a second? MR. HUDSON: Second. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. MR. MUSSE: Thank you. VICE-CHAIRMAN LEFEBVRE: You have 60 days. Okay. There's no motion for reduction of fines. Rescind previously orders (sic). New business: Elections? Okay. I'd like to make a motion to nominate or reappoint Mr. Kaufman. MR. L'ESPERANCE: I'd like to second that motion. MR. MARINO: Second that. MR. HUDSON: Second. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: Do I have to ask for any other Page 53 March 28, 2013 nominations? (No response.) VICE-CHAIRMAN LEFEBVRE: Okay. Then all those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: The motion passes. MS. BAKER: Vice-chair? VICE-CHAIRMAN LEFEBVRE: I know vice-chair, but -- MR. MIESZCAK: I'll make a motion the vice-chair remain the same. MR. L'ESPERANCE: Second that motion. MR. MARINO: I'll second it. VICE-CHAIRMAN LEFEBVRE: Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) Page 54 March 28, 2013 VICE-CHAIRMAN LEFEBVRE: The motion passes. Thank you. MR. MARINO: Well, you got in on that one. MR. L'ESPERANCE: What a ringer. VICE-CHAIRMAN LEFEBVRE: Okay. Request to forward cases to the County Attorney's Office as referenced as reports. Saddlebrook Apartments, LLC, formerly known as CEI Kensington. Do we have a report on that? (The speaker was duly sworn and indicated in the affirmative.) MR. BOSA: For the record, Ralph Bosa, Collier County Code Enforcement. I'm here today to report for Saddlebrook. The board had ordered that they send out a letter to all the residents informing them of the dangers of the stairs and the stairs would be repaired. They did this on March 5th. They took care of that. So -- and I got that confirmation from the business manager there at the property. VICE-CHAIRMAN LEFEBVRE: Okay. MR. L'ESPERANCE: Are you satisfied with the content and the structure of the letter? MR. BOSA: Yes, sir, I am. MR. L'ESPERANCE: Okay. MR. BOSA: Yes, sir. VICE-CHAIRMAN LEFEBVRE: All right. MR. MARINO: Have they started any of that work yet? MR. BOSA: They did. They did apply for permits, but they did have to -- they first started out with rejections, and then the contractor requested that the permit applications be canceled due to change in ownership, so they do have a new owner who took over the property, and they are cleaning the property up and applying for the new permits here in the future. My investigator's been in contact with the -- constantly in contact with the new owners of the property. So they do have a deed; new Page 55 March 28, 2013 owners have been identified of what's going on. MR. MARINO: That whole thing was basically a safety issue with the steps and the stairways and everything else. MR. BOSA: Correct. Right. VICE-CHAIRMAN LEFEBVRE: Any comments? MR. HUDSON: I'm glad to see they actually did the letter. It didn't seem at the hearing like they really wanted to, but they certainly put together, I think, a pretty decent letter. And if I was a resident, I would be able to understand this, I think, pretty clearly. MS. BAKER: And just to clarify for everyone, too, this was just a report, and everything that was in the order remains the same. The time frames are the same even though there is a new owner on the property. VICE-CHAIRMAN LEFEBVRE: The next meeting will be April 25, 2013. MR. MIESZCAK: Motion to adjourn. MS. BAKER: Hold on, hold on. MR. MIESZCAK: Oh, I'm sorry. MS. FLAGG: If you would like your monthly report, I'll give it to you. VICE-CHAIRMAN LEFEBVRE: That would be good. MS. FLAGG: First, I want to welcome James Blake, who is the newest member of the code enforcement. Secondly, the Board of County Commissioners on March 12th revised their policy in regard to accepting anonymous complaints. So, currently, if a community member is concerned about an issue in their neighborhood, if it immediately threatens public health and safety or could cause catastrophic consequences, the Code Enforcement Board would take the complaint; otherwise, they would need to file the complaint with their County Commissioner, and then the commissioner will decide if they'll forward it on to the office. Additionally, since November 2008, through the Blight Page 56 March 28, 2013 Prevention Program of working with the banks to abate violations, generally, before they own the property, the banks have spent $3.1 million and have abated 2,799 violations. Additionally, yourselves, as special magistrate, and the Board of County Commissioners, since July 2009, have waived $10,000,919 in fines. The number of code cases open since the beginning of our fiscal year, which starts October 1st -- the number of code cases opened has been 2,849. The number of educational patrols -- and this is when the code enforcement investigators go out, identify a violation instead of opening a case, what they do is just advise the community member what's required, you know, that -- because a lot of times our community members don't know the code. So they do education with them, provide them information, and let them know what they -- what the issue is and how to correct it. The code case property inspections, so far this year they have done 9,648 property inspections, 23 meet-and-greets; they've done eight community cleanups. I don't know if some of you have seen those going on, but that's when they work with their task force teams, put dumpsters out in an area of a community and then work with the community members to help get rid of litter, debris, tires, hazardous materials. So rather than citing the community member, they're providing them the resources to bring their properties into compliance. The number of nuisance abatements -- these are the abatements where we do on behalf of the property owner if they don't meet the time frame, and then the property owner is billed for the abatement. And in some cases some community members prefer us to do it because our costs are less than what they can get it. And we've done 495 of those. Just the number of fines waived this year is 2.4 million. We've received 176 bankruptcy documents. Our bankruptcies Page 57 March 28, 2013 are continuing on a pretty steady pace; I'm sure as a result of the foreclosure crisis. The Property Lien Search Program, which is the program that we worked with Naples Area Board of Realtors to provide people a resource to be able to find out if there's a code violation on the property before they purchase it, there's been 3,466 of those, and 102 of them prevented someone from buying a piece of property without knowing that there was a code case on it. In addition, they do -- we issue permits for garage sale and recreational vehicle. Both of those permits are free at no charge, and we've issued 1,393 of those and processed 2,400 citations for public utility, Sheriffs Office, parks and rec. And the other agencies that issue citations, we do the processing and administration of those for them. And that's it. MR. L'ESPERANCE: Approximately how many people do you have on your staff? MS. FLAGG: There's 50 individuals in the department. MR. MARINO: Good job. MR. LAVINSKI: Diane, that's -- if I can go back a minute to your comment about the commission. Does that mean that your folks can accept anonymous complaints about unprotected pools, additions that were built with electricity and water with no permits? You can do that without going through the commissioners of that section? MS. FLAGG: If an individual calls in, the parameters are very restricted. So if there's visible sewage, they can take the complaint; if there's an unprotected pool, they can take the complaint; if there's an occupied structure that has received damage, they can take the complaint; and if there are no utilities to an occupied structure, they can take the complaint because those are the types of complaints that have catastrophic consequences or threaten public health and safety. Any other complaints -- and the caller is advised. Any other complaints, the board has asked that they be advised that they can Page 58 March 28, 2013 contact their commissioner. And the commissioners evaluate the complaints. And we do receive probably four to six complaints a day from the commissioners' office to investigate. So there is a -- it's just a little bit of change, but there is a mechanism for the community member to express their concern without fear of retaliation, which is what we hear from the community members, that -- for instance, the grow houses that you saw today, neighbors are afraid. They know that something's going on. They see the structure. They doubt it's permitted, but they don't want to call it in and leave their name and number, and the reason is is because they fear that something will happen to them. So there is a mechanism for them to contact the commissioners, and then that can be passed on to us. MR. L'ESPERANCE: Diane, is this outlined on the website or -- MS. FLAGG: It is. MR. L'ESPERANCE: Good. MS. FLAGG: It has been outlined on the code website. It's also been identified in all of our brochures. So the information is readily available for the community members. MR. LAVINSKI: Also, we had, I think, two cases today. Is there any way for you to know whether these two -- these folks that got into owning a property with several code violations, is there any way for you to know whether those were asked to be reviewed by a neighbor or anybody? MS. FLAGG: Yes. What we do is we backtrack. When there is a case, we're able to cross-reference the address to determine if a lien search was done prior to them purchasing the property. So we are very aware of each one of those cases. And the case -- since we implemented the program, the vast majority of them are aware that they are buying a property with a code violation. The last report that you received in regard to Saddlebrook, the prospective purchaser was well aware of the code violations, had a Page 59 March 28, 2013 copy of the code case report, and was well aware of what the violations were when they purchased the property. MR. LAVINSKI: Okay. Thank you. VICE-CHAIRMAN LEFEBVRE: Okay. Any further discussion, questions? (No response.) VICE-CHAIRMAN LEFEBVRE: Do I have a motion to adjourn? MR. MIESZCAK: Motion to adjourn. MR. MARINO: Motion to adjourn. VICE-CHAIRMAN LEFEBVRE: Do I have a second? MR. MARINO: Second, third. VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: Didn't think so. For the agenda -- for the workshop, with the chair being out, Mr. Kaufman, and if the county doesn't oppose it, I'd like to maybe push this back to April. MS. BAKER: That's fine, if that's what the board wishes to do. VICE-CHAIRMAN LEFEBVRE: I'm not sure; did you lighten the agenda for this month with this? MS. BAKER: (Shakes head.) VICE-CHAIRMAN LEFEBVRE: So if we could -- do we need a motion for that, or do we need to withdraw it? I mean, how do you? Page 60 March 28, 2013 MS. BAKER: I think you need a motion, because it was a total separate agenda. VICE-CHAIRMAN LEFEBVRE: Okay. MR. LAVINSKI: I'll make the motion, then, that we move our workshop with rules and regs till next meeting. VICE-CHAIRMAN LEFEBVRE: Okay. MR. MARINO: Second that. VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: (No verbal response.) MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: I'm sorry; any discussion? MR. MIESZCAK: I just had a quick question. Is this just a review of our rules and regs? MS. BAKER: Just so you -- yes. MR. MIESZCAK: Yes, okay. Thank you. VICE-CHAIRMAN LEFEBVRE: Okay. So that -- motion and second. Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. Page 61 March 28, 2013 discussion, questions? (No response.) VICE-CHAIRMAN LEFEBVRE: Do I have a motion to adjourn? MR. MIESZCAK: Motion to adjourn. MR. MARINO: Motion to adjourn. VICE-CHAIRMAN LEFEBVRE: Do I have a second? MR. MARINO: Second, third. VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) VICE-CHAIRMAN LEFEBVRE: Didn't think so. For the agenda -- for the workshop, with the chair being out, Mr. Kaufman, and if the county doesn't oppose it, I'd like to maybe push this back to April. MS. BAKER: That's fine, if that's what the board wishes to do. VICE-CHAIRMAN LEFEBVRE: I'm not sure; did you lighten the agenda for this month with this? MS. BAKER: (Shakes head.) VICE-CHAIRMAN LEFEBVRE: So if we could -- do we need a motion for that, or do we need to withdraw it? I mean, how do you? MS. BAKER: I think you need a motion, because it was a total separate agenda. VICE-CHAIRMAN LEFEBVRE: Okay. Page 62 March 28, 2013 MR. LAVINSKI: I'll make the motion, then, that we move our workshop with rules and regs till next meeting. VICE-CHAIRMAN LEFEBVRE: Okay. MR. MARINO: Second that. VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: (No verbal response.) MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: I'm sorry; any discussion? MR. MIESZCAK: I just had a quick question. Is this just a review of our rules and regs? MS. BAKER: Just so you -- yes. MR. MIESZCAK: Yes, okay. Thank you. VICE-CHAIRMAN LEFEBVRE: Okay. So that -- motion and second. Any further discussion? (No response.) VICE-CHAIRMAN LEFEBVRE: All those in favor? MR. BLAKE: Aye. MR. MARINO: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN LEFEBVRE: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. VICE-CHAIRMAN LEFEBVRE: Any nays? (No response.) Page 63 March 28, 2013 VICE-CHAIRMAN LEFEBVRE: The motion passes. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:29 a.m. CODE ENFORCEMENT BpARD 'GERALD L FEBVR` Vice-Chairman These minutes appr71 by the Board on ' it e I a5 , 2pt3 , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 64