Loading...
CEB Minutes 06/20/2014 Code Enforcement Board Minutes June 20 , 2014 June 20, 2014 TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD Naples, Florida, June 20, 2014 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, Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman Gerald Lefebvre James Lavinski Robert Ashton Lisa Chapman Bushnell Tony Marino (Absent) Larry Mieszcak (Excused) Lionel L'Esperance (Excused) ALSO PRESENT: Jean Rawson, Attorney for the Board Jeff Wright, Code Enforcement Director Teresa Tooley, Code Enforcement Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: JUNE 20,2014 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. PLEDGE OF ALLEGIANCE 2. ROLL CALL Robert Kaufman,Chair Lionel L' Esperance Gerald Lefebvre,Vice Chair Tony Marino James Lavinski Larry Mieszcak Robert Ashton Lisa Chapman Bushnell,Alternate 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES A. MAY 22,2014 Hearing 5. PUBLIC HEARINGS/MOTIONS A. Motions Motion for Continuance 1 Motion for Extension of Time 1. CASE NO: CELU20130015799 OWNER: SANDRA AND CARLA SAGE OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTIONS 2.02.03 AND 1.04.01(A)AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III, SECTION 130-96(A).THE STORAGE OF SEVERAL RECREATIONAL VEHICLES AND TRAILERS ON THIS PROPERTY NOT IDENTIFIED AS THE PROPERTY OWNERS AND NOT AN ALLOWABLE USE FOR THE AGRICULTURAL ZONING DISTRICT WHERE THE PROPERTY IS LOCATED.A RECREATIONAL VEHICLE IS ALSO BEING USED FOR LIVING PURPOSES. FOLIO NO: 209160709 VIOLATION ADDRESS: 3123 RAVENNA AVE,NAPLES,FL B. Stipulations 2 C. Hearings 1. CASE NO: CESD20140005957 OWNER: YISLEN DE LA 0 AND ROESMEL RUA OFFICER: INVESTIGATOR JOSEPH GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTIONS 10.02.06(B)(1)(A), 10.02.06(B)(1)(E),AND 10.02.06(B)(1)(E)(I). BUILDING A REAR DOCK, WITHOUT THE PROPER COLLIER COUNTY PERMITS. FOLIO NO: 36451600007 VIOLATION ADDRESS: 2883 50TH TER SW,NAPLES,FL 2. CASE NO: CESD20140006984 OWNER: BEATRIZ VARONA AND ALEXEIF FALCON OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).UNPERMITTED STRUCTURAL,PLUMBING,AND ELECTRICAL ALTERATIONS IN RELATION TO A MARIJUANA GROW OPERATION. FOLIO NO: 74411040009 VIOLATION ADDRESS: 3502 SEMINOLE AVE,NAPLES,FL 3. CASE NO: CENA20140006693 OWNER: 4463 EAST TRAIL LLC OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 54,ARTICLE VI, SECTION 54-185(D).COLLIER COUNTY PROHIBITED EXOTIC VEGETATION LOCATED UPON AN UNIMPROVED PROPERTY WITHIN A 200 FOOT RADIUS OF AN IMPROVED PROPERTY. FOLIO NO: 393920004 VIOLATION ADDRESS: NO SITE ADDRESS,NAPLES,FL 4. CASE NO: CELU20140001165 OWNER: HELEN VALENT OFFICER: INVESTIGATOR COLLEEN CRAWLEY VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 2.02.03. SEMI TRUCKS AND TRAILERS IN THE YARD. FOLIO NO: 36660480005 VIOLATION ADDRESS: 6810 VANDERBILT BEACH RD,NAPLES,FL 3 6. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. CASE NO: CESD20120002127 OWNER: SERAFIN ORDAZ HERNANDEZ AND SARA DE LA ROSA OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).NEW WINDOWS INSTALLED,NEW FRONT DOOR INSTALLED,AN OPENING WAS CREATED FOR THE INSTALLATION OF NEW FRENCH DOORS ON THE SIDE.ALSO,A PERMITTED DOOR OPENING WAS BOARDED OVER,THE SOFFIT WAS REPLACED,PLYWOOD FLOORING REPLACED THROUGHOUT HOUSE AND INTERIOR FRAMING WAS REMOVED AND REPLACED WITH NEW 2 X 4S ALL WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMITS, INSPECTIONS,AND CERTIFICATE OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED. FOLIO NO: 70440001 VIOLATION ADDRESS: 3200 WESTCLOX ST,IMMOKALEE,FL 2. CASE NO: CEPM20130019061 OWNER: SIDNEY JOHN HUBSCHMAN OFFICER: INVESTIGATOR JOHN SANTAFEMIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22,BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI,PROPERTY MAINTENANCE CODE, SECTION 22- 231(15).PRIVATE SWIMMING POOL NOT BEING MAINTAINED CREATING AN UNHEALTHY CONDITION. FOLIO NO: 30550000054 VIOLATION ADDRESS: 2600 COACH HOUSE LN,NAPLES,FL 3. CASE NO: CESD20120006666 OWNER: REAL EST HOLDINGS OF TIENDA MEXICANA INC OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).A SCREEN ENCLOSURE WITH A SINK,OPEN FREEZERS WITH ELECTRIC AND UP RIGHT DOOR REFRIGERATION COOLERS WITH ELECTRIC AND A COUNTER SPACE ATTACHED TO THE OFFICE ALL INSTALLED WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMIT,INSPECTIONS AND CERTIFICATE OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE.ALSO(4)EXPIRED PERMITS 2011020704,2011020699,2004110460, 920013727. FOLIO NO: 00131360004 VIOLATION ADDRESS: 217 N 15TH ST,IMMOKALEE,FL 4 4. CASE NO: CEPM20140000021 OWNER: TERESITA PINO OFFICER: INVESTIGATOR JOHN SANTAFEMIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI,PROPERTY MAINTENANCE CODE, SECTION 22- 242.UNSECURE VACANT STRUCTURE CREATING A NUISANCE. FOLIO NO: 36615400001 VIOLATION ADDRESS: 4261 1ST AVE SW,NAPLES,FL 5. CASE NO: CESD20130001292 OWNER: CHRISTOPHER S. ESENBERG OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).ADDITION/ALTERATIONS MADE TO STRUCTURE WITHOUT FIRST OBTAINING A COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 47871280009 VIOLATION ADDRESS: 3315 GUILFORD RD,NAPLES,FL 6. CASE NO: CESD20120015571 OWNER: GERI BRADLEY OFFICER: INVESTIGATOR RALPH BOSA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).A PARTIALLY CONSTRUCTED HOME WITHOUT COMPLETED COLLIER COUNTY BUILDING PERMITS,INSPECTIONS,AND CERTIFICATE OF COMPLETION/ OCCUPANCY. FOLIO NO: 39020880006 VIOLATION ADDRESS: 5220 40th ST NE,NAPLES,FL 7. CASE NO: CESD20120015319 OWNER: SOUTHWEST FLORIDA RENTALS LLC OFFICER: INVESTIGATOR MICHAEL CLARK VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).PERMIT NUMBER 20120203549 FOR INTERIOR REMODELING UNIT B EXPIRED WITHOUT COLLIER COUNTY PERMIT.ALSO INTERIOR REMODELING OF UNIT A BEING CONDUCTED WITHOUT FIRST APPLYING FOR COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 48783840002 VIOLATION ADDRESS: 8085 BAYSHORE DR,NAPLES,FL 8. CASE NO: CESD20130008710 OWNER: ALFRED DIAZ OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).AN UNPERMITTED ROOM ADDITION THAT WAS CONSTRUCTED BETWEEN 2004 AND 2005. FOLIO NO: 29280440005 VIOLATION ADDRESS: 2648 VAN BUREN AVE,NAPLES,FL 5 9. CASE NO: CESD20130006171 OWNER: IRIS LABRIE OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).PERMIT PRBD20120101674 EXPIRED WITHOUT OBTAINING CERTIFICATE OF COMPLETION. FOLIO NO: 55901120005 VIOLATION ADDRESS: 266 6TH ST W,BONITA SPRINGS,FL 10. CASE NO: CESD20130011211 OWNER: RAFAEL BARRIOS MONTERO,TOMAS B AVILA REYES,&RICARDO ABRIL OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A)AND THE 2010 FLORIDA BUILDING CODE,CHAPTER 1, SECTION 105.1. A SHED,FENCE,AND TWO ALUMINUM STRUCTURES BUILT IN THE REAR YARD WITHOUT FIRST OBTAINING ALL REQUIRED PERMITS. FOLIO NO: 37347080002 VIOLATION ADDRESS: 1281 25TH ST SW,NAPLES,FL 11. CASE NO: CESD20130015849 OWNER: CLETUS W.&VIRGINIA D.TIGNER, &NANCY WILLIAMS OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).WINDOWS REPLACED ON THE MOBILE HOME ADDITION WITHOUT VALID COLLIER COUNTY PERMITS. FOLIO NO: 60583400002 VIOLATION ADDRESS: 59 MOORHEAD MANOR,NAPLES,FL 12. CASE NO: CESD20140004169 OWNER: MANUEL LORENZO OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A).MODIFIED GROW HOUSE WITH GARAGE DESTROYED BY FIRE. FOLIO NO: 37696560008 VIOLATION ADDRESS: 2620 2ND ST NE,NAPLES,FL 13. CASE NO: CESD20130014562 OWNER: ROBERT A.&BEVERLY J.HEMPHILL OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).METAL 8 X 8 SHED(S)WITH UNPERMITTED PLUMBING AND ELECTRICAL FACILITIES FOR LAUNDRY AND OTHER USES. FOLIO NO: 55851360009 VIOLATION ADDRESS: 222 1ST ST,BONITA SPRINGS,FL 6 14. CASE NO: CESD20130003068 OWNER: KENNETH ALAN BLAKE &DOROTHY R.BLAKE OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).DID WITNESS A SCREEN ROOM WHICH WAS CONVERTED INTO A FULLY ENCLOSED LIVING SPACE WITHOUT THE REQUIRED COLLIER COUNTY PERMITS. FOLIO NO: 45847720003 VIOLATION ADDRESS: 1391 11TH ST SW,NAPLES,FL 15. CASE NO: CESD20120015628 OWNER: FABRICIO&ALLISON J.FERNANDEZ OFFICER: INVESTIGATOR JOSEPH GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).UNPERMITTED SHED/CABANA TYPE STRUCTURE IN BACKYARD AT THIS LOCATION. FOLIO NO: 36457240005 VIOLATION ADDRESS: 5472 32ND AVE SW,NAPLES,FL 16. CASE NO: CELU20130015799 OWNER: SANDRA AND CARLA SAGE OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTIONS 2.02.03 AND 1.04.01(A)AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III, SECTION 130-96(A).THE STORAGE OF SEVERAL RECREATIONAL VEHICLES AND TRAILERS ON THIS PROPERTY NOT IDENTIFIED AS THE PROPERTY OWNERS AND NOT AN ALLOWABLE USE FOR THE AGRICULTURAL ZONING DISTRICT WHERE THE PROPERTY IS LOCATED.A RECREATIONAL VEHICLE IS ALSO BEING USED FOR LIVING PURPOSES. FOLIO NO: 209160709 VIOLATION ADDRESS: 3123 RAVENNA AVE,NAPLES,FL B. Motion for Reduction of Fines/Lien C. Motion to Rescind Previously Issued Order 1. CASE NO: CELU20100004523 OWNER: SILVER LAKES PROPERTY OWNERS ASSN OF COLLIER COUNTY,INC OFFICER: INVESTIGATOR JEFF LETOURNEAU VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.03(B)(5).AN OPEN STORAGE AREA BEING UTILIZED AT SILVER LAKES RV RESORT WITHOUT FIRST OBTAINING A SITE DEVELOPMENT PLAN FOR THIS USE. FOLIO NO: 73625009662 VIOLATION ADDRESS: 1001 SILVER LAKES BLVD,NAPLES,FL 7 D. Motion to Amend Previously Issued Order E. Special Hearing 1. CASE NO: 2002120972(CEB 2004-72) OWNER: JAMES C. MARSHALL AND SHERRY M.MARSHALL OFFICER: INVESTIGATOR RALPH BOSA VIOLATIONS: SECTION 104.5.1.4 OF THE FLORIDA BUILDING CODE,AS AMENDED BY COLLIER COUNTY ORDINANCE 02-01,AND SECTION 10.02.06(B)(1)(A)AND 10.02.06(B)(1)(D)OF ORDINANCE 91-102,AS AMENDED,CODIFIED AS THE LAND DEVELOPMENT CODE. NUMEROUS WOODEN SHEDS BUILT WITHOUT FIRST OBTAINING AUTHORIZATION OF COLLIER COUNTY PERMITS.ALSO,A HOUSE THAT WAS SEMI-BUILT UNDER PERMIT #86-2791,WHICH HAS EXPIRED WITHOUT OBTAINING ALL THE REQUIRED INSPECTIONS AND CERTIFICATE OF OCCUPANCY. FOLIO NO: 37590120007 VIOLATION ADDRESS: 820 20TH AVE NW,NAPLES,FL 7. NEW BUSINESS 8. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 9. REPORTS 10. COMMENTS A.Update on the status of Code Enforcement Board member Tony Marino 11. NEXT MEETING DATE- JULY 24,2014 12. ADJOURN 8 June 20, 2014 CHAIRMAN KAUFMAN: Good morning. I'd like to call the Code Enforcement Board to order. Notice: The respondent may be limited to 20 minutes for case presentations unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes, unless 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 the 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. I'd like everybody to rise for the Pledge. (Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Good morning. Why don't we have roll call. MS. TOOLEY: Robert Kaufman? CHAIRMAN KAUFMAN: Present. MS. TOOLEY: Gerald Lefebvre? MR. LEFEBVRE: Here. MS. TOOLEY: James Lavinski? MR. LAVJNSKI: Here. MS. TOOLEY: Robert Ashton? MR. ASHTON: Here. MS. TOOLEY: Tony Marino is absent. Lisa Chapman Bushnell? MS. BUSHNELL: Here. MS. TOOLEY: And Lionel L'Esperance and Larry Mieszcak Page 2 June 20, 2014 have excused absences. CHAIRMAN KAUFMAN: Okay, Lisa will be a full voting member of the board today. Okay, why don't we go through the agenda first. MS. TOOLEY: The changes for the agenda. We have a second motion for extension of time. It's Case No. CESD20130001292, Respondent Christopher S. Esenberg. Item was number five under motion for imposition of fines, and that was also tab 10. We have one stipulation: Case No. CESD20140005957, Respondent Yislen De La 0 and Roesmel Rua was item number one under hearings and was also under tab two. Under hearings, item number two, Case No. CESD20140006984, Respondents Beatriz Varona and Alexeif Falcon has been withdrawn. Item number four, Case No. CELU20140001165, Respondent Helen Valent has been withdrawn. Item number eight, Case No. CESD20130008710, Respondent Alfred Diaz has been withdrawn. That was tab number 13. Item number nine, Case No. CESD20130006171, Respondent Iris Labrie has been withdrawn. That was tab number 14. And letter E, Special Hearing, item one, Case No. 2002120972, Respondent James C. Marshall and Sherry M. Marshall has also been withdrawn. And those are all the changes. MR. LEFEBVRE: Before we -- CHAIRMAN KAUFMAN: That was the last tab? Let me -- someone give me a motion to accept the agenda as modified. MR. LEFEBVRE: Before we do that, is there any way we can amend or add in on the agenda discussion on Mr. Marino and his absences? MS. TOOLEY: That was under the comments section. MR. LEFEBVRE: Okay, sorry. MS. TOOLEY: Number 10. Page 3 June 20, 2014 CHAIRMAN KAUFMAN: Okay, motion -- MR. LAVINSKI: Motion to accept. MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion to amend the agenda as stated. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Anybody have any comments on the minutes? I signed them and Teresa, you have a copy of those? (No response.) CHAIRMAN KAUFMAN: No comments? Motion to approve the minutes as bulleted. MR. ASHTON: Make a motion to approve the minutes. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Okay, that brings us to -- you're on for motions for extension of time. Page 4 June 20, 2014 MS. TOOLEY: Under motion for extension of time, item number one, Case No. CELU20130015799, Respondent Sandra and Carla Sage. (Investigator Ambach was duly sworn.) INVESTIGATOR AMBACH: Good morning. CHAIRMAN KAUFMAN: Good morning. INVESTIGATOR AMBACH: For the record, Christopher Ambach, Collier County Code Enforcement. The board should have a letter that was sent from Ms. Sage with regards to the property and the condition of it as of today. I did meet with her a few weeks back. Actually, let me back up. Part of the order, the original order, was it was two parts. One was to -- you requested I contact the Health Department, have an official from the Health Department go out and take a look at the hookups on that camper for her father, where her father was living in the back. That was take care of. The gentleman from the Health Department contacted me and said it is -- it needs to be permitted or she needs to disconnect. And she's decided to disconnect. So part of that order was complied with. The camper was removed from the site, her father's no longer there. She has two boats remaining. She's taken care of all the rest of the vehicles out there, the trailers, the boats, et cetera. One of the trailers, the axle broke on it. I witnessed it myself. She was waiting for the parts. She has someone that's going to replace that axle so she can actually haul that boat out. The second one had to do with the death of a friend. I wasn't really too sure how her story was going but she, according to the letter, has a place where she can actually store that now. So she's done 90 percent of what was asked for at this point. The county doesn't have, you know an objection if more time is Page 5 June 20, 2014 given. CHAIRMAN KAUFMAN: Okay, I see that the previous operational costs have not been paid. INVESTIGATOR AMBACH: They were actually paid this morning, sir. CHAIRMAN KAUFMAN: Okay. Well, I would have no problem in granting an extension then. MR. LEFEBVRE: I make a motion to grant 45 days. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We have a motion and a second to grant 45 days. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MR. WRIGHT: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. WRIGHT: Just for clarification, that 45-day extension was to their compliance date, not to the lien position. CHAIRMAN KAUFMAN: Correct. MR. WRIGHT: Okay, thank you. CHAIRMAN KAUFMAN: I'll go to the motion maker. Is that correct? MR. LEFEBVRE: Correct. Page 6 June 20, 2014 CHAIRMAN KAUFMAN: That's correct. MS. TOOLEY: Mr. Chairman, I just want to bring to your attention the operational cost for today's hearing was $63.14. CHAIRMAN KAUFMAN: That's a change from what's listed on the sheet of 64.34, the previous ones. MS. TOOLEY: Those were paid today, yes. CHAIRMAN KAUFMAN: Okay, and today's -- MS. TOOLEY: But there are operational costs for today's hearing. CHAIRMAN KAUFMAN: Okay, $63.14, they're listed. MS. TOOLEY: Okay. Item number two, Case No. CESD201300001292, Christopher S. Esenberg, was tab number 10. (Mr. Esenberg and Investigator Short were duly sworn.) CHAIRMAN KAUFMAN: Good morning. MR. ESENBERG: Hello. CHAIRMAN KAUFMAN: And you're requesting an extension of time? MR. ESENBERG: Yeah. The engineer, I got in an argument with him because, I mean, it's taken him so much time. But now he said he's finally going to have it done. They've been working on it, Reliable Permitting. I need a permit by affidavit because I tore down a shed in the back without a permit. I didn't know I needed one to tear this down, so -- and I was working with Renald Paul from Code Enforcement and he said that because I did the shed now we have -- it's going to delay everything and then we have to get a permit by affidavit, so -- and I hired an engineer and he delayed me before but he was so busy but now he caught up and he's been working on it. He sent people out and they measured everything on the house. And then he sent a letter to Eric Short saying that he'll have it done within a week or so. And then I have all the contractors lined up. We just have to float the floor up in one room and get the plumbing. I have everybody Page 7 June 20, 2014 set to finish the house then. And I've been trying so hard. I mean, I cleaned up the whole -- the house looked like a junker when I first bought it. I cleaned up the whole yard in the meantime. And everybody's happy in the neighborhood, you know, so -- and I just need a little bit more time now, because now he's finally done. And probably in 90 days if I could have -- and I'll have it finished for sure. So -- and -- I mean, I was yelling at the engineer. And he said he was very sorry. And I said now I have to go to court again. And he said for sure it will be done on -- within a week. And then permitting and then Renald Paul said then he can go ahead and get everything done. CHAIRMAN KAUFMAN: Okay. Eric? INVESTIGATOR SHORT: For the record -- CHAIRMAN KAUFMAN: Your comments on the case? INVESTIGATOR SHORT: For the record, Investigator Eric Short, Collier County Code Enforcement. Mr. Esenberg has been in contact. You know, he hired an engineer, left it in his hands. At one point I did recommend maybe looking at the Board of Professional Engineers, you know, for some type of action. His engineer did send me an email this morning, maybe 20 minutes ago. And it's just a letter of intent. By the end of the month he believes it will be a reasonable time to have some type of application submitted. CHAIRMAN KAUFMAN: This is an application by permit -- INVESTIGATOR SHORT: Permit by affidavit. CHAIRMAN KAUFMAN: Yeah, permit by affidavit. And then after that what needs to be done after that is received? INVESTIGATOR SHORT: Then he still has to follow through with the original order and get the certificate of occupancy. Page 8 June 20, 2014 CHAIRMAN KAUFMAN: Do you have any problem with granting an extension of time? INVESTIGATOR SHORT: The county would like to leave it to the board's discretion. CHAIRMAN KAUFMAN: Okay. Any comments from the board? MR. LEFEBVRE: Is anyone living in this house at this time? MR. ESENBERG: No. MR. LEFEBVRE: I make a motion to grant 120 days. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We have a motion and a second to grant 120 days. That will give you an extra bit of time to get anything resolved. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MR. ESENBERG: Thank you. MS. TOOLEY: There were also operational costs for that case as well for today's hearing. CHAIRMAN KAUFMAN: Oh, grab him. MS. TOOLEY: $63.74. CHAIRMAN KAUFMAN: There's one thing that needs to be done. The operational costs for today. You paid the operational costs for the last hearing, the $63.14. You probably should pay that before Page 9 June 20, 2014 you leave. MR. ESENBERG: Today? CHAIRMAN KAUFMAN: Yes. MR. ESENBERG: Okay, I will. Credit card or -- CHAIRMAN KAUFMAN: Eric will take care of you. MR. ESENBERG: Thanks. MS. TOOLEY: B, stipulations. Item number one, Case CESD20140005957, Respondent Yislen De La 0 and Roesmel Rua, was tab number two. CHAIRMAN KAUFMAN: Good morning. INVESTIGATOR GIANNONE: Good morning, sir. (Investigator Giannone was duly sworn.) INVESTIGATOR GIANNONE: Joseph Giannone, for the record. This is in reference to Case No. CESD20140005957. Stipulation was signed and the agreement between the parties that the respondent shall: Pay operational costs in the amount of $63.44 incurred in the prosecution of this case within 30 days of the hearing. Abate all violations by: Obtaining any and all required Collier County building permits or demo permit, inspection, certificate of completion/occupancy within 120 days of this hearing or a fine of $200 per day will be imposed until the violation is abated. Respondent must notify code enforcement within 24 hours of the abatement of the violation and request that the investigator perform a site inspection to confirm compliance. 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 the abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. I have one question, and it's Page 10 June 20, 2014 not just on this case but it's on a bunch of the cases. Where I'm looking at the date of reinspection, it says date of reinspection on this. Is that June 15th on the original documents? MS. TOOLEY: Are you referring to the stipulation? CHAIRMAN KAUFMAN: No, the statement of violation. INVESTIGATOR GIANNONE: The last inspection, sir? CHAIRMAN KAUFMAN: It says -- it's item eight, date of reinspection. INVESTIGATOR GIANNONE: That was on the -- that was I believe on the 18th. And the violation remained and the permits were not pulled at that time. CHAIRMAN KAUFMAN: See, on this one and on most of the other cases, it says the 18th or the 20th and I received the package long before that, so it's hard to put that date in there, unless there's something I'm missing. MR. WRIGHT: We have to tickle our systems, so that's I think generated by our system tickler that says automatically put it out to the 15th. That way we get a reminder on the 15th to go reinspect. It might have it on the 16th, 17th or 18th, but that's what our reinspection date is in our system. CHAIRMAN KAUFMAN: Okay. I'm just curious as to if that would cause a problem going forward. In other words, if it says date of reinspection was on the 15th and I got the package on the 12th, it would make that -- MR. WRIGHT: But the word scheduled. CHAIRMAN KAUFMAN: That would fix the problem. MR. WRIGHT: Okay. CHAIRMAN KAUFMAN: Okay, any comments from the board? MR. LEFEBVRE: Yeah, question. This dock, is this a canal that is not Gulf access? INVESTIGATOR GIANNONE: No, it's landlocked. There is a Page 11 June 20, 2014 bit of navigational part of the canal, but it is landlocked by weirs on either side. I believe at one time this originally could go right out to the Gulf, but the weir that stops it, is the one I believe by Spanky's, I think it is, over on Airport. MR. LEFEBVRE: Next question. Does this need any federal or state permits to stop it? INVESTIGATOR GIANNONE: Not that I know of, but it definitely needs Collier County permits. And I would think that -- going further with that, you know, once the permit process is in place they may have to bring in possible Army Corps of Engineers to approve of it. MR. LEFEBVRE: Which could take a lot longer than 120 days. INVESTIGATOR GIANNONE: Well, that's -- well, he understands that, so she's trying to get the ball rolling. MR. LEFEBVRE: I guess this would give them time to engage in an engineer to figure out how to get this permitted and if state or federal permits are needed, then it could take a lot longer. You're probably looking an extension. I make a motion to grant the stipulated agreement as written. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We have a motion and a second to grant the stipulation. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. INVESTIGATOR GIANNONE: Thank you, sir. MS. TOOLEY: Next is item number three, Case No. Page 12 June 20, 2014 CENA20140006693, respondent 4463 East Trail, LLC. CHAIRMAN KAUFMAN: Tab number? MS. TOOLEY: Four. (Investigator Jones was duly sworn.) INVESTIGATOR JOHNS: For the record, David Jones, Collier County Code Enforcement. This is in reference to Case No. CENA20140006693, dealing with Collier County Ordinance Chapter 54-185(D). And the description of the violation is prohibited exotic vegetation located upon an unimproved property within a 200-foot radius of an abutting improved property. The unimproved property parcel identification number is 393920004. It's on the East Trail. It's a zoned vacant commercial lot. Service was given on April 8th, 2014. And I would now like to present case evidence in the following exhibits, which is -- consists of one photo of the exotic vegetation. And it's almost impossible to differentiate what's in the photo, but just for procedural purposes, I'd like to display it now. CHAIRMAN KAUFMAN: Okay. INVESTIGATOR JONES: And following that is one photo of a -- one aerial photo to give you kind of a birds-eye view of exactly where this parcel is and what it looks like. CHAIRMAN KAUFMAN: Do you have a tape measure showing the 200 feet exactly? INVESTIGATOR JONES: You know, I don't. CHAIRMAN KAUFMAN: Need a motion to -- MR. LAVINSKI: Motion to accept. MR. ASHTON: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. Page 13 June 20, 2014 CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It passes unanimously. INVESTIGATOR JONES: Basically in this photo there's a mature ear leaf acacia tree. You know, it's kind of the typical story, it's pretty dense with the ear leaf acacia, Brazilian pepper. And I conducted a site visit at the unimproved parcel on April 7th, 2014, and this was in response to a complaint regarding the presence of all this prohibited exotic vegetation. And attached to that complaint was that it was harboring a lot of-- kind of people were hanging out in there because it is so dense and they try to stay hidden within that. The complainant is the neighboring property and they had some concerns with that. So of course while I was on site I did observe the prohibited species, including but not limited to -- may not be limited to ear leaf acacia and Brazilian pepper. An NOV was issued on April 8th, 2014 requiring the removal of all exotics, prohibited exotics, that lie within a 200-foot radius of an approved property. And as you can see by this aerial, that really probably encompasses this whole vacant parcel. And the deadline for that NOV was 30 days. I have had zero communication with this property owner. I've tried to look them up, any contact information I could. And it's one of those things where there was a number listed on line, but you go to call it, it's been disconnected for who knows how long. So I've not been able to link up with any representative of this property whatsoever. And usually, you know, when they receive a certified copy of an NOV in the mail, it will get the phones ringing, but in this particular case I've heard nothing. Page 14 June 20, 2014 CHAIRMAN KAUFMAN: Have taxes been paid on this property? INVESTIGATOR JONES: You know what? I can't answer that right now. I don't know the answer. CHAIRMAN KAUFMAN: That might be a good way to track them down. INVESTIGATOR JONES: Yeah. CHAIRMAN KAUFMAN: Teresa, could you put that picture back up, the last one? The homeowner in the cutout portion of that L is the one who -- INVESTIGATOR JONES: Yeah, it's actually -- it's a vet's office. It's kind of a -- it's a business. CHAIRMAN KAUFMAN: I see a lot of parking spots. INVESTIGATOR JONES: Yeah. CHAIRMAN KAUFMAN: Yeah. Okay. And that building has been there for a while. I'm curious as to one thing. If that entire area, if there were -- and I guess that's the only building, the improved property that's on that is within 200 feet of that. Because there's nothing on the left side of the picture that's within 200 feet. And I don't know if the other building -- once they put a building up, does that automatically trigger the 200 foot? INVESTIGATOR JONES: No, it does not. Basically that rule is only triggered and it only becomes active when the county receives a valid complaint. And that's how we proceed with these cases. CHAIRMAN KAUFMAN: But if there were no buildings there, there's no violation. INVESTIGATOR JONES: If there were no buildings there located within that 200-foot radius, that's correct. CHAIRMAN KAUFMAN: And then somebody builds a new building within 200 feet of it, does that trigger it? INVESTIGATOR JONES: No. Only if the county receives a Page 15 June 20, 2014 complaint. CHAIRMAN KAUFMAN: Well, let's say they build that house within 200 feet and then they complain. INVESTIGATOR JONES: Yes, then it would have to conform to the current rule. CHAIRMAN KAUFMAN: I was curious about that. INVESTIGATOR JONES: Yeah, that's the way the LDC is written. It basically says this rule will become active when and only when the county receives a complaint. CHAIRMAN KAUFMAN: Okay. Well, does a violation exist? MR. LAVINSKI: I make a motion the violation does exist. MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion and a second a violation exists. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Do you have a suggestion for us? INVESTIGATOR JONES: I do. The recommendation is that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of$64.64 incurred in the prosecution of this case within 30 days and abate all violations by: Must obtain any necessary permits, inspections and certificates of completion for removal of all Collier County prohibited exotic vegetation within blank days of this hearing or pay a fine of blank dollars a day until abated. Page 16 June 20, 2014 The prohibited exotic base/stump must be treated with an U.S. environmental protection agency approved herbicide and a visual tracer dye shall be applied when the prohibited exotic vegetation is removed but the base of the vegetation remains within blank days or a fine of blank dollars per day will be imposed. And finally, 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. CHAIRMAN KAUFMAN: Okay. I have one suggestion on the county's part, because I can -- if you can't get ahold of the respondent this is just going to start adding up and adding up. If you could make some attempt to go through tax records to see if someone's paying the taxes on this property or is it abandoned for lack of a better term. And -- INVESTIGATOR JONES: Yeah, I'd be happy to do that, see if we can try -- CHAIRMAN KAUFMAN: I think that's a way of possibly (sic) get them notified. INVESTIGATOR JONES: No, yeah. MR. LEFEBVRE: The other question is -- INVESTIGATOR JONES: Okay, Kitchell just informed me the taxes have been paid and they're up to date. So hopefully there's a little more information in that tax sheet that I can kind of dig into and track somebody down, hopefully. CHAIRMAN KAUFMAN: Does the property owner live locally, or you don't know? INVESTIGATOR JONES: You know what? When I tried to Page 17 June 20, 2014 contact them before, if I recall correctly, the location was somewhere in Florida. I want to say it was in the Tampa area. And I tried to call the number and it was, you know, disconnected. MR. LEFEBVRE: I mean, I don't want to tell you how to do your job, but basically you can check his name through Sunbiz.org and see if he owns any other companies. INVESTIGATOR JONES: I tried that. Sunbiz.org is kind of the same dead-end road, but I appreciate the suggestion. CHAIRMAN KAUFMAN: Would someone like to take a shot at filling in the blanks? MR. LAVINSKI: Yeah, I'll do that. I make a motion that the 64.64 be paid within 30 days. And since there's been no contact with the owner, I think this violation ought to be abated in 30 days or a fine of$100 per day be assessed. CHAIRMAN KAUFMAN: Okay. I'll second that. Are there any comments on the motion? MR. LEFEBVRE: And operational costs to be paid. Did he say that? CHAIRMAN KAUFMAN: Yeah, $64.64. Okay, all those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thanks, David. INVESTIGATOR JONES: Thank you. CHAIRMAN KAUFMAN: Which brings us to Maria. INVESTIGATOR RODRIGUEZ: Good morning. Page 18 June 20, 2014 CHAIRMAN KAUFMAN: Good morning. INVESTIGATOR RODRIGUEZ: For the record, Maria Rodriguez, Collier County -- CHAIRMAN KAUFMAN: Hold on. MS. TOOLEY: Under motion for imposition of fines, Case No. one -- or item number one, Case No. CESD20120002127, Respondent Serafin Ordaz Hernandez and Sara De La Rosa. CHAIRMAN KAUFMAN: Tab number? MS. TOOLEY: Six. CHAIRMAN KAUFMAN: I'll get you used to saying that sooner or later. (Investigator Rodriguez was duly sworn.) INVESTIGATOR RODRIGUEZ: For the record, Maria Rodriguez, Collier County Code Enforcement. I believe you have a letter where the owner is asking for a continuance due to he's out of the country? MR. LAVINSKI: I don't remember seeing that. CHAIRMAN KAUFMAN: I don't either. MS. TOOLEY: The letter was submitted after the deadline. CHAIRMAN KAUFMAN: Why don't you put the letter on the viewer and we can take a look at it. The problem I have with the letter, it doesn't say -- a better date. I don't know what a better date is. INVESTIGATOR RODRIGUEZ: When the owner called me she said that they would be back in a few weeks, so I'm assuming that she meant next month. CHAIRMAN KAUFMAN: Okay. Okay, this is a case where there was work done without a building permit? INVESTIGATOR RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: Okay, why don't you give us a brief rundown. Page 19 June 20, 2014 INVESTIGATOR RODRIGUEZ: Well, they pulled the permit back in -- a few months ago. And recently, like on May 30th he had four inspections called in, but they all failed. And he's got pretty much all the inspections that have to be done. Not much has been done -- or everything has been done, it just didn't pass. So now he has to fix everything that wasn't passing in order to finalize this permit. CHAIRMAN KAUFMAN: Okay, I understand. MR. LEFEBVRE: When were inspections done? INVESTIGATOR RODRIGUEZ: May 30th was the last one. Before then it was March 12th, 2012. MR. LEFEBVRE: 2012? That was before the case. INVESTIGATOR RODRIGUEZ: Well, that's when the permit was issued. And then she had another one -- she didn't do anything. On (sic) April she extended the permit, so they gave her an extension. And on May 30th she called in those inspections and none of them passed. MR. LEFEBVRE: Well, wouldn't the permit expire if it was pulled on the 12th? So it was reapp'd? INVESTIGATOR RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: In the year '12. MR. LEFEBVRE: It was pulled originally in 2012, so it expired. It was reapp'd. And then she called for inspections on the 30th, they failed. INVESTIGATOR RODRIGUEZ: Yes. MR. LEFEBVRE: And nothing since then has been done, basically. INVESTIGATOR RODRIGUEZ: No. CHAIRMAN KAUFMAN: Do you have any evidence that anything's been done at all other than they did it and it failed everything? INVESTIGATOR RODRIGUEZ: Correct. MR. LAVINSKI: Motion to impose the fine. Page 20 June 20, 2014 MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion and a second to impose the fine -- well, let's stop a second. They're asking for an extension, so we'd have to deny the extension and then when it comes up for the imposition we can take that on at that time; is that correct? MS. RAWSON: I think they're asking for a continuance. In other words, they're asking that the case not be heard today but maybe next month. CHAIRMAN KAUFMAN: Correct. But you can't -- you'd have to vote on the continuance first. MS. RAWSON: I think so. CHAIRMAN KAUFMAN: And then the case comes up and then you vote on whether you're going to impose the fine or not. MS. RAWSON: I believe that Teresa said the continuance was not timely filed, so you have to think about that too. MS. TOOLEY: That's correct. MR. WRIGHT: And I would add, correct me if I'm wrong, I think the case is up right now. MS. TOOLEY: It is. INVESTIGATOR RODRIGUEZ: It is. MR. WRIGHT: So you could rule on both of those items. CHAIRMAN KAUFMAN: Okay, why don't we include that in your motion that the continuance is denied. MR. LAVINSKI: Right. I agree. Motion to deny the continuance and to impose the fine. MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. Page 21 June 20, 2014 MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thanks, Maria. INVESTIGATOR RODRIGUEZ: Violation, Collier County Land Development Code, 04 -- CHAIRMAN KAUFMAN: What are we doing? INVESTIGATOR RODRIGUEZ: We haven't read it into the record yet. He's up -- they're up. CHAIRMAN KAUFMAN: Oh, haven't read this in. Okay. I'm sorry. INVESTIGATOR RODRIGUEZ: That's okay. CHAIRMAN KAUFMAN: We need to be on the same page. INVESTIGATOR RODRIGUEZ: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 3200 Westclox Street, Immokalee, Florida. Folio 70440001. Description: New windows installed, new front door installed. An opening was created for the installation of a new french door on the side. Also, a permitted door opening was boarded over, the soffit was replaced, plywood flooring replaced throughout house, and interior framing was removed and replaced with new two-by-fours, all without first obtaining authorization of required permits, inspections and certificate of occupancy as required by the Collier County Land Development Code. Past orders: On April 25th, 2013, the Code Enforcement Board issued a Finding of Facts/Conclusion of Law and Order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached Order of the Board OR 4917, Page 3041 for more information. On November 22nd, 2013, the Code Enforcement Board granted Page 22 June 20, 2014 an extension of time to comply. See the attached Order of the Board OR 5002, Page 1005 for more information. The violation has not been abated as of June 20th, 2014. Fines and costs to date are as follows: Fines have accrued at the rate of 250 per day for the period between April 22nd, 2014 to June 20th, 2014, 60 days, for a total fine amount of$15,000. Fines continue to accrue. Previously assessed operational costs of$81.43 have been paid. Operational cost for today's hearing is $63.74. Total amount to date is $15,063.74. CHAIRMAN KAUFMAN: Thank you. MS. TOOLEY: Item number two is Case No. CEPM20130019061, Respondent Sidney John Hubschman. CHAIRMAN KAUFMAN: Tab? MS. TOOLEY: Tab 7. CHAIRMAN KAUFMAN: Thank you, Teresa. You can remember the tab after this meeting. (Supervisor Snow was duly sworn.) CHAIRMAN KAUFMAN: Good morning. SUPERVISOR SNOW: Good morning, sir. CHAIRMAN KAUFMAN: I see that we have a violation that's been abated by the county. SUPERVISOR SNOW: We do, sir. And just to refresh the Board's memory, I believe Mr. Lefebvre had a question about this the last time. This is an accompanying case to a previous case and we're just bringing this back. It was a nuisance abatement case. If you remember, this was on Coach House Lane. It was severely overgrown and the pool was in the back. Mr. Lefebvre asked when that was going to take place, so this is the second part of that. We had a nuisance case and this is the pool with the woods, and this is the pool. This is a violation of Collier County Code of Laws and Ordinances, Chapter 22, Building and Building Regulations, Article 6, Page 23 June 20, 2014 Property Maintenance Code, Section 22-231.15. The location is 2600 Coach House Lane, Naples, Florida. Folio number is 30550000054. And the description is: Private swimming pool not maintained, creating an unhealthy condition. Past orders: On March 27th, 2014 the Code Enforcement Board issued a Finding of Fact and 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 OR 5025, and Page 166 for more information. Violation has been abated as of March 13th, 2014. Fines and costs to date are as follows: Fines have accrued at the rate of$250 per day for the period between April 4th, 2014 to May 13th, 2014, 40 days, for a total fine of$10,000. Previous assessed operational costs of$63.74 have not been paid. Abatement costs of $3,662.20 have not been paid. Operational cost for today's hearings are $63.14. Total amount to date is $13,789.08. CHAIRMAN KAUFMAN: Okay. Motion from the board? MR. LAVINSKI: Motion to impose the fine. CHAIRMAN KAUFMAN: We have a motion. MR. ASHTON: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you, Kitchell. Page 24 June 20, 2014 SUPERVISOR SNOW: Thank you, sir. MS. TOOLEY: Item number three, tab eight, Case No. CESD20120006666. Respondent Real Estate Holdings of Tienda Mexicana, Incorporated. CHAIRMAN KAUFMAN: Good morning, Maria. INVESTIGATOR RODRIGUEZ: Good morning. CHAIRMAN KAUFMAN: You've been sworn? (Investigator Rodriguez was duly sworn.) CHAIRMAN KAUFMAN: The swearing in wears off after each case, you have to be re-sworn. INVESTIGATOR RODRIGUEZ: For the record, Maria Rodriguez, Collier County Code Enforcement. Violations: Collier County Land Development Code 04-41, as amended. Section 10.02.06(B)(1)(a). Location: 217 North 15th Street, Immokalee, Florida. Folio 0013136004. A screen enclosure with a sink, open freezers with electric and upright door refrigeration cooler with electric and a counter space attached to the office, all installed without first obtaining authorization of the required permit, inspections, certificate of occupancy as required by the Collier County Land Development Code. Also, four expired permits: 2011020704, 2011020699, 2002041104860, 920013727. On May 23rd, 2013, the Code Enforcement Board issued a Finding of Fact, Conclusion of taw and Order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached Order of the Board OR 4931, Page 1669 for more information. On November 22nd, 2013, the Code Enforcement Board granted an extension of time to comply. See the attached Order of the Board, OR 5002, Page 999 for more information. On February 27th, 2014, the Code Enforcement Board granted an Page 25 June 20, 2014 extension of time to comply. See the attached Order of the Board OR 5018, Page 3649 for more information. The violation has not been abated as of June 20th, 2014. Fines and costs to date are as follows: Fines have accrued at a rate of 250 per day for the period between April 14th, 2014 to June 20th, 2014, 68 days, for a total fine amount of$17,000. Fines continue to accrue. Previously assessed operation costs of$81.15 and $63.74 have been paid. Operational costs for today's hearing, $64.64. Total amount to date, $17,064.64. CHAIRMAN KAUFMAN: Have you had any contact with these folks lately? INVESTIGATOR RODRIGUEZ: I called the owner, Mr. Puente, and advised him to be here for the hearing. He said that he could not because he was leaving out of the country on his vacation and he wasn't going to change it. CHAIRMAN KAUFMAN: Expensive vacation. INVESTIGATOR RODRIGUEZ: I also explained to him that if he wanted to give Mr. Nazer (phonetic), who was here the last time we were here, a letter signed, notarized giving him authorization, but I didn't get that either. I called Mr. Nazer, no answer. CHAIRMAN KAUFMAN: Well, our hands are tied on this one. It's not been abated and there's nobody here to plead that side of the equation. Any comments from the board? MR. LAVINSKI: Motion to impose the fine. CHAIRMAN KAUFMAN: We have a motion. MS. BUSHNELL: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. Page 26 June 20, 2014 CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MS. TOOLEY: Number Item 4, tab nine, Case No. CEPM20140000021. Respondent Teresita Pino. (Supervisor Snow was duly sworn.) SUPERVISOR SNOW: For the record, Kitchell Snow, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. We got the riff-raff to -- SUPERVISOR SNOW: I understand, sir. I'm ready when you are. CHAIRMAN KAUFMAN: They're catching up with the paperwork. SUPERVISOR SNOW: I know the question's going to be asked. This property was in foreclosure by Deutsche Bank. Deutsche Bank has dismissed the foreclosure and rendered it back to the property owner and we have not been able to contact the property owner. We have no idea where this property owner is. Before we begin, just so -- because I know that question's going to come. This is in -- the violations are Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article 6, Property Maintenance Code, Section 22-42. The location is 4261 First Avenue Southwest, Naples, Florida. The folio is 36615400001. And the description is unsecured vacant structure, creating a nuisance. Past orders: On March 27th, 2014 the Code Enforcement Board issued a Finding of Fact and Conclusion of Law and Order. The respondent was found in violation of the referenced ordinances and Page 27 June 20, 2014 ordered to correct the violation. See the attached Order of the Board OR 5025, Page 164 for more information. The violation has not been abated as of June 20th, 2014. The fines and costs to date are as follows: Fines have accrued at the rate of $500 per day for the period between April 12th, 2014 to June 20th, 2014, 70 days, for a total fine amount of$35,000. Fines continue to accrue. Previously assessed operational costs of$63.74 have not been paid. Abatement costs of$325 have not been paid. Operational costs for today's hearing of$62.54 have not been paid. And the total amount to date is $35,451.28. CHAIRMAN KAUFMAN: Was this a grow house? SUPERVISOR SNOW: No, sir. It's just a vacant structure. CHAIRMAN KAUFMAN: Okay, because ordinarily -- and I don't specifically remember this case. This was a case of a house that needed to be boarded up because there were people hanging out in there or -- SUPERVISOR SNOW: Yes, sir. That came from the Sheriffs Office. And remember, because the county abates it, all the county does is secures it. It doesn't meet the requirements of boarding, it doesn't meet the requirements of our property maintenance code. So that's the reason the violation is not abated even though it is secured. CHAIRMAN KAUFMAN: Okay. And on this particular case you've been unable to get ahold of the owner of the property? SUPERVISOR SNOW: No, sir. We searched both civil and other records to try to get that and the bank didn't have any information either on the location of this individual. CHAIRMAN KAUFMAN: And this is the one Deutsche Bank has given back to -- SUPERVISOR SNOW: Yes, sir, Mr. Pino. MR. LAVINSKI: Motion to impose the fine. CHAIRMAN KAUFMAN: We have a motion. Page 28 June 20, 2014 MS. BUSHNELL: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. SUPERVISOR SNOW: Thank the board. MS. TOOLEY: Item number five, tab 10, Case No. CESD -- whoops, excuse me, we're on tab 11. We already heard Mr. Esenberg's case. So item number six, tab 11, Case No. CESD20120015571, Respondent Geri Bradley. (Mr. Bradley and Investigator Ambach were duly sworn.) CHAIRMAN KAUFMAN: Good morning. MS. BRADLEY: Good morning. CHAIRMAN KAUFMAN: Why don't you give us a little background on this. MS. BRADLEY: We purchased this property last year, and you guys granted us generously six months to complete the property. It was actually started to be built in 2006. So we had to basically take the entire wooden structure off of it and start from new. And we've been doing all of the things that we need to do as far as permitting. And we hired a contractor, B&W Paving, I want to say in October, November, and we got into a contest with him of when he was actually going to complete the work, and they -- apparently he has up to 90 days before it's considered abandoning the project. So he waited the whole 90 days which delayed me bringing in any Page 29 June 20, 2014 contractors, because he would call me up and he'd say, yeah, we're going to show up today and then we would wait for contractors to be and then he wouldn't show up. So it was basically 90 days of delaying so we couldn't do any work on the house. And he finally came out that week where it was 90 days, completed the project and then we moved forward. And my father passed away in May, so we had to go up to Michigan for that. And I'm just asking if we could have maybe another 60 days to complete. We only have one day for electric and one day for plumbing and then we'll be calling for a C.O. CHAIRMAN KAUFMAN: I have one question of the county. Have the previously assessed operational cost of$80.57 been paid or not been paid? MS. TOOLEY: Those have been paid. CHAIRMAN KAUFMAN: Have not? MS. TOOLEY: Have. They have been paid. CHAIRMAN KAUFMAN: Have been paid. Okay, so then -- INVESTIGATOR AMBACH: As a matter of fact, the operational costs for today's hearing have been paid also. So she's paid both of them as of this morning. CHAIRMAN KAUFMAN: Okay. Well, I personally have no problem with granting an extension of time. Anybody -- MR. LAVINSKI: Was it for 60 days? MR. LEFEBVRE: Make a motion to grant 90 days. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We have a motion and a second to grant 90 days. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. Page 30 June 20, 2014 MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MS. BRADLEY: Thank you so much. CHAIRMAN KAUFMAN: And if you have a problem in the 90 days, come back before the 90 days elapses and we'll take it at that time. MS. BRADLEY: Okay, will do. Shouldn't have a problem though. Thank you. MS. TOOLEY: Item number seven, tab 12, Case No. CESD20120015319, Respondent Southwest Florida Rentals, LLC. (Mr. Brian Mansour and Investigator Clark were duly sworn.) MR. MANSOUR: Brian Mansour, Southwest Florida Rentals. CHAIRMAN KAUFMAN: Your name again is? MR. MANSOUR: Brian Mansour. CHAIRMAN KAUFMAN: Okay, Brian. Why don't you give us a brief rundown on this. MR. MANSOUR: Well, this is a situation where I was stuck with a contractor for the longest time. Prepaid. The contractor didn't produce. I switched over to another contractor who's Joe Lehman, who's with me today, to try to restart the reconstruction of the property I owned. We got a building permit from Collier County. Joe ended up getting into things that went beyond the scope of the original permit just because of the amount of damage on the property. Collier County came and saw what had happened, so they shut us down. And my only option was to either lift the building up or tear it down. My situation, when I explained to the board here last time I was here was that I have a lender on the property and I couldn't really just Page 31 June 20, 2014 tear down the property without his approval. I still don't have anything in writing from him but I do have a verbal based on that. I approached Joe again to ask him to start the demo. We got a demo permit I think around the third week in May and Joe has since started demoing the property. The other issue with the property is because, according to Joe, that it's so close to the existing property line that he's got to do part of it -- or a lot of it by hand because of his concern about using a machine that would cause damage to adjacent property. CHAIRMAN KAUFMAN: Do you want the contractor, Joe, to testify at all? MR. MANSOUR: Yes, if that needs to be verified about the procedure that we've been doing. CHAIRMAN KAUFMAN: Why don't you swear him in and -- (Mr. Joe Lehman was duly sworn.) MR. LEHMAN: Joe Lehman. L-E-H-M-A-N. CHAIRMAN KAUFMAN: Good morning. MR. LEHMAN: Good morning. My name is Joseph Lehman, I work for Lehman and Son Construction. I'm a representative. We've been having problems with this property since day one. I've jumped through multiple hoops to get permits extended. John Walsh through the Building Department granted me extensions. Then they'd seen the amount of damage that happened from roof leaks-- over two years of continuous leaking. We started the demo process. And the house was built in '63, I think, and then an addition was in '70, so there was no setbacks. The soffit overhang actually butts up to the neighbor's fence and porch, so everybody is scared to go in there with tractors. Nobody wants to create damage on the neighboring property. Sorry, I feel like -- I'm nervous. CHAIRMAN KAUFMAN: Don't be nervous. MR. LEHMAN: I don't know why. I've done nothing wrong. Page 32 June 20, 2014 CHAIRMAN KAUFMAN: Jean, would you give him a drink, please? (Laughter.) MR. LEHMAN: But, you know, we're scared of damaging the neighbor's property and everything, so I'm taking half of the structure down manually. And that's taking a little bit longer than anticipated. I got almost the left side of the property cleared and away from the fence. So once I get that, then I can bring in my tractors and demo the rest of the property. CHAIRMAN KAUFMAN: How long do you think it will take? MR. LEHMAN: You know, a couple weeks, I would say. You know, I would like 30 days, 60 days, you know, a little leeway. I know you guys have already granted a lot of things and I appreciate, you know, you taking this into consideration. You know, I feel bad for Mr. Mansour, he's been through a lot with the property. And, you know, it's just -- I'm just trying to help him out. You know, it's one thing after another, you know, so -- CHAIRMAN KAUFMAN: Okay, this will resolve the situation if you're going to take the structure down about not having permits to remodel it. MR. LEHMAN: Well, we had permits to remodel. They were actually -- they were up to date. I don't know what the problem was with the dumpster. Because at the time we had remodel permits, just a stop work order. And then we got the notice on the door about the dumpster. That's when I got in contact with Mr. Clark and explained to him that I'm actually getting a demo permit but there are active permits as we speak for both sides. So I didn't understand the problem. I guess the neighbors or something was complaining about the dumpster but, I mean, permits were posted in the job boxes. I mean, they were all active. So I really didn't understand the situation or the problem we were having with that. Page 33 June 20, 2014 CHAIRMAN KAUFMAN: But by taking down -- what I was saying, if you're taking down the structure, the other violations disappear. MR. LEHMAN: I would hope so. CHAIRMAN KAUFMAN: They'll be in the dumpster. Okay. The question I have for the county is the operational costs have been paid. The previous operational costs of$63.74, have they been paid? MS. TOOLEY: As far as I know, what's on the summary in front of you is accurate, they have not been paid. MR. MANSOUR: Could I say a couple more things? CHAIRMAN KAUFMAN: Sure. MR. MANSOUR: I found out this morning that I forgot to pay the operational costs after I talked to Mr. Clark. I'm more than willing to pay them with a credit today if I can. The other thing I wanted to add was that when I came before you the first time I had asked for a six-month period just because of the unknown with the lender. But it was asked if I could get it done in two months, and so -- CHAIRMAN KAUFMAN: So now you need 30 or 60 days to -- MR. LEHMAN: Yes, I would appreciate that. INVESTIGATOR CLARK: Well, here's my issue. Most of what he said is pretty accurate except that they've been on this permit, Mr. Lehman's construction, they've been on this permit since late 2013. They were shut down by a building official February 11th of this year because of the FEMA 50 percent rule that they violated. And basically they got -- they submitted in writing to Mr. Walsh that they realized that this was going to be their last extension. And that's the reason that they were shut down. So when we came here on March 27th, their permit expired on the 26th. The dumpster was full. And that dumpster sat there from March 27th up until they recently moved it a couple weeks ago. And that's the reason the complaint Page 34 June 20, 2014 came in. Their compliance date was actually May the 26th, which was a holiday, we were closed that day. Mr. Mansour filed for the -- well, Lehman filed for the permit about May 21st, like five days before the compliance date. And even since then I had no contact with them until I reached out to them regarding the dumpster matter. And that's the reason why -- I'm assuming that's the reason why they did, because I haven't heard from (sic) up until that point. And that's when they ruled the dumpster -- and Mr. Lehman, he did contact me when he did see my Notice of Violation. At the time there were no active permits at the property, so they did get the permit on the 21st and the permit was actually issued on May 29th. CHAIRMAN KAUFMAN: The permit. You're talking about the demo? INVESTIGATOR CLARK: Yes, sir. THE COURT REPORTER: May I have your name, sir? INVESTIGATOR CLARK: Michael Clark. For the record, Michael Clark, Collier County Code Enforcement. Sorry. CHAIRMAN KAUFMAN: Okay, any comments from the board? MR. LAVINSKI: Just one question with your lender, just out of curiosity. Are you still obligated for the mortgage and now all you're going to have is a piece of land? MR. MANSOUR: Yes. MR. LEFEBVRE: It's a private lender, correct? MR. CLARK: Yes. They did -- Mr. Mansour, they did send me an email. They did ask for two weeks to have the job finished and now they're requesting 30 days. But they told me the job would be finished within two weeks. CHAIRMAN KAUFMAN: The board really is mostly interested in compliance one way or the other. And if we can get this thing demoed, it eliminates all of the previous problems with no permits on Page 35 June 20, 2014 the remodel. And I'm sure that will make the neighbors happy and everything will be fine and dandy, hopefully. MR. LAVINSKI: I make a motion we extend 60 days. CHAIRMAN KAUFMAN: We have a motion. MS. BUSHNELL: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. So 60 days. If you can do it in 30, even better. MR. LEHMAN: Thank you. MR. MANSOUR: Thank you very much. CHAIRMAN KAUFMAN: Don't forget to pay the two costs, $63.74 and $63.74, they're both identical, before you leave today. MR. MANSOUR: I'll do that today. CHAIRMAN KAUFMAN: Very good, thank you. Okay, Michael, thank you. MS. TOOLEY: Item number 10, tab 15, Case No. CESD20130011211, Respondent Rafael Barrios Montero, Thomas B. Avila Reyes, and Ricardo Abril. (Mr. Thomas Avila and Investigator Ambach were duly sworn.) CHAIRMAN KAUFMAN: Mr. Avila, could you give us a little background on what you're requesting? MR. AVILA: Yeah, I'm requesting an extension, at least 30 days. I previously had an engineer try to give us the permit. He had permitted two metal sheds and the shed storage. He did it and then it Page 36 June 20, 2014 failed for I think elevation purposes. And then after that I couldn't get into contact with him and it took months. I called him, I called his boss. They couldn't get a reach of him. So I ended up spending all that money. And then I got with another person recently, and he already has plans and everything. We just -- he's going to start doing the permitting, start getting permits so we can get everything going. CHAIRMAN KAUFMAN: Have the operational costs on this case been paid? INVESTIGATOR AMBACH: No, they have not. CHAIRMAN KAUFMAN: Ordinarily if the operational costs have not been paid then the fine is automatically imposed. So that's a problem to begin with. How long has this been sitting? I see the past order was on February 27th, so it was -- Chris, originally it was when? INVESTIGATOR AMBACH: This goes back August of 2013. CHAIRMAN KAUFMAN: So this is -- INVESTIGATOR AMBACH: Let me clarify. This case was opened on August. I had a previous case for the same violations under partial owner now. It was owned by two gentlemen. They resold the property and added a third, Thomas, onto it. Therefore, my legal service on the original case was no good, I had to start the case all over again. So this goes back to 2012 originally. Now, this young man has been in contact with me. He's had a lot of issues with the contractors getting out there to finish the obligation they promised him. They have removed two of the carport structures out there, sheds in the back. And then the time just ticked on and on and on until both the permits expired. One was for the remaining shed in the back and then one for the fence on the side of the house. CHAIRMAN KAUFMAN: So currently are there any active permits? INVESTIGATOR AMBACH: No. CHAIRMAN KAUFMAN: So this -- Page 37 June 20, 2014 INVESTIGATOR AMBACH: They've both expired. CHAIRMAN KAUFMAN: Starting at square one for permit? INVESTIGATOR AMBACH: Pretty much they'd have to reap both of those permits again. According to this young man, he has someone lined up that's ready to do that now. And I guess that's why you're asking for 30 days? MR. AVILA: Yes. MR. LEFEBVRE: This is going to be permit by affidavit or -- INVESTIGATOR AMBACH: Is that what he's telling you, permit by affidavit? MR. AVILA: I think so. INVESTIGATOR AMBACH: Okay. CHAIRMAN KAUFMAN: Well, to begin with, should we grant an extension of time or move this out? The operational costs have to be paid. MR. AVILA: Okay. CHAIRMAN KAUFMAN: Today. MR. AVILA: That could be done today, yeah. CHAIRMAN KAUFMAN: Yeah, the two of them. One is $64.64, and the other one is $62.54, that's for today, should the board grant an extension. Any comments from the board? MR. LAVINSKI: Can those be paid today? MR. AVILA: Yes, they can. CHAIRMAN KAUFMAN: And you said you need 30 days? MR. AVILA: At least 30 days, yes. CHAIRMAN KAUFMAN: Okay, anybody want to make a motion? MR. ASHTON: I'll make a motion we give him a 45-day extension. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: Okay, we have a motion and a Page 38 June 20, 2014 second to grant 45 days. MR. ASHTON: With a stipulation that the operational costs are paid today. MR. LAVINSKI: Right, I agree. CHAIRMAN KAUFMAN: Okay. Second agrees. MR. LAVINSKI: Yeah. CHAIRMAN KAUFMAN: All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. So you have 45 days, which is more than the 30 days that you think it will take. So hopefully that will take care of the situation and we won't see you back here. MR. AVILA: All right, thank you. INVESTIGATOR AMBACH: Thank you. MS. TOOLEY: Item number 11, tab 16, Case No. CESD20130015849. Respondent Cletus W. and Virginia D. Tigner and Nancy Williams. (Investigator Short was duly sworn.) CHAIRMAN KAUFMAN: Okay, Eric. INVESTIGATOR SHORT: Good morning. For the record, Investigator Eric Short, Collier County Code Enforcement Board. This is regarding violations of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location is 59 Moorhead Manor, Naples, Florida. Folio No. is 60583400002. Description: Windows replaced on mobile home addition Page 39 June 20, 2014 without valid Collier County permits. Past orders: On March 27th, 2014 the Code Enforcement Board issued a Finding of Fact, Conclusion of Law and Order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board OR 5025, Page 157 for more information. The violation has been abated as of June 12th, 2014. Fines and costs to date are as follows: Fines have accrued at a rate of$150 per day for the period between May 27th, 2014 to June 12th, 2014, 17 days, for a total fine amount of$2,550. Previous assessed operational costs of$64.04 have been paid. Total amount due to date is $2,550. At this time the county is recommending all fines be waived as the property is in compliance and all operational costs have been abated. CHAIRMAN KAUFMAN: The operational cost for today? MS. RAWSON: Well, if you abate it I don't think we usually charge them for today. CHAIRMAN KAUFMAN: Okay. You concur, Jeff? MR. WRIGHT: Yes. CHAIRMAN KAUFMAN: Okay. Well? MR. LAVINSKI: Motion to abate. MS. BUSHNELL: Second. CHAIRMAN KAUFMAN: We have a motion and a second to abate. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? Page 40 June 20, 2014 (No response.) CHAIRMAN KAUFMAN: Carries unanimously. INVESTIGATOR SHORT: Thank you. MS. TOOLEY: Item No. 12, tab 17, Case No. CESD20140004169, Respondent Manuel Lorenzo. (Investigator Ambach was duly sworn.) INVESTIGATOR AMBACH: For the record, Chris Ambach, Collier County Code Enforcement. Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 2620 Second Street Northeast, Naples, Florida. Folio 37696560008. Description: Modified grow house with garage destroyed by fire. Past orders: On April 24th, 2014, 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, OR 5039, Page 3258 for more information. The violation has not been abated as of June 20th, 2014. Fines and costs to date are as follows: Fines have accrued at a rate of$500 per day for the period between May 25th, 2014 to June 20th, 2014, 27 days, for a total fine amount of$13,500. Fines continue to accrue. Previously assessed operational costs of$65.24 have not been paid. Operational cost for today's hearing, $62.54. Total amount to date, $13,627.78. CHAIRMAN KAUFMAN: Have you had any contact with the owner? INVESTIGATOR AMBACH: According to the real estate agent who spoke with our property maintenance specialist, he has passed away. And I guess the family is arguing over who's going to get the property at this point. That's the only information that I know. Page 41 June 20, 2014 MR. LAVINSKI: Motion to impose. CHAIRMAN KAUFMAN: We have a motion to impose. MS. BUSHNELL: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. INVESTIGATOR AMBACH: Thank you. MS. TOOLEY: Item number 13, tab 18, Case No. CESD20130014562. Respondent, Robert A. and Beverly J. Hemphill. (Supervisor Kitchell Snow was duly sworn.) SUPERVISOR SNOW: For the record, Kitchell Snow, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay, Kitchell. SUPERVISOR SNOW: This is in reference to violations of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). And the location is 222 First Street, Bonita Springs, Florida. Folio is 55851360009. And the description is a metal eight-by-eight shed with unpermitted plumbing and electric facilities for laundry and other uses. Past orders: On January 23rd, 2014 the Code Enforcement Board issued a Finding of Fact and 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 OR 5014 and Page 3050 for more information. Page 42 June 20, 2014 The violation has been abated as of May 27th, 2014. Fines and costs to date are as follows: Fines have accrued at the rate of$100 per day for the period between April 24th, 2014 and May 27th, 2014, 34 days, for a total fine amount of$3,400. Previously assessed operational costs of$80.29 have been paid. Total amount to date is $3,400. The county is recommending the fines be waived as the property is in compliance and all operational costs have been paid. MR. LAVINSKI: Motion to abate. CHAIRMAN KAUFMAN: We have a motion to abate. MR. ASHTON: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. SUPERVISOR SNOW: Thank you, sir. MS. TOOLEY: Item No. 14, tab 19. Case No. CESD20130003068. Respondents Kenneth Alan Blake and Dorothy R. Blake. CHAIRMAN KAUFMAN: I think this is the case where the pages were swapped; am I right? (Mr. Blake and Investigator Ambach were duly sworn.) CHAIRMAN KAUFMAN: Good morning, Mr. Blake. MR. BLAKE: Good morning. CHAIRMAN KAUFMAN: Can you tell us what you're asking Page 43 June 20, 2014 for. MR. BLAKE: An extension, if possible. We bought the house on a foreclosure a year ago. Well, actually moved in about a year ago, April of 2013. We hired an engineer, Don Cahill. We actually had the ball rolling. And he drew us up plans. We ran into financial hardships, which is where we are at this point. I just became unemployed again two days ago. That's the best I can say. CHAIRMAN KAUFMAN: Have the operational costs been paid or not paid, the $64.04? INVESTIGATOR AMBACH: They're not paid. MR. BLAKE: I thought she had paid the last one. INVESTIGATOR AMBACH: There were two cases actually on this property at one point. MR. BLAKE: I'm sorry, she may have paid for the other one. CHAIRMAN KAUFMAN: The fines -- the previous fines were $64.04 and the cost of today's hearings are $62.54. This violation was a screen room which was converted into living space. Is there anybody in that space now? MR. BLAKE: No, sir. It is attached to the house and we do have some storage in there. It's not occupied. CHAIRMAN KAUFMAN: Chris, can you give us the county's comments on this? INVESTIGATOR AMBACH: We can leave it up to the board to make a decision on that. CHAIRMAN KAUFMAN: Any comments from the board? MR. LAVINSKI: Has anything been done on this, Chris, since? INVESTIGATOR AMBACH: Nothing's been done to date. CHAIRMAN KAUFMAN: Well, since the operational costs have not been paid, nothing's been done, I see no reason not to impose the fine. MR. LEFEBVRE: Would you be able to pay the operational Page 44 June 20, 2014 costs from the previous hearing and today's hearing? MR. BLAKE: No, sir. I'm not financially capable. CHAIRMAN KAUFMAN: Okay, any motions from the board? MR. LAVINSKI: I don't think we have much of a choice on this one. Motion to impose the fine. CHAIRMAN KAUFMAN: We have a motion to impose. Do we have a second? MS. BUSHNELL: Second. THE COURT: And a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. The only thing I can suggest is when you get your stuff together you can appeal this to the County Commissioners and they can override what the board says. Our hands are kind of tied on this one. MR. BLAKE: Understood. Thank you. CHAIRMAN KAUFMAN: Thank you. MS. TOOLEY: Item number 15, tab 20, Case No. CESD2020120015628. Respondents Fabricio and Allison J. Fernandez. (Investigator Mucha was duly sworn.) INVESTIGATOR MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. This is dealing with a violation of the Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(1)(a). The violation location was 5472 32nd Avenue Southwest, Page 45 June 20, 2014 Naples. Folio No. 36457240005. The violation description was an unpermitted shed/cabana type structure in backyard at this location. Past orders: On March 28th, 2013, the Code Enforcement Board issued a Findings of Facts/Conclusion of Law and Order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached Order of the Board OR 4909, Page 3209 for more information. On July 25th of 2013, the Code Enforcement Board granted an extension of time to comply. See the attached Order of the Board OR 4953, Page 2510 for more information. On January 23rd, 2014, the Code Enforcement Board granted an extension of time to comply. See the attached Order of the Board OR 5014, Page 3019 for more information. On April 24th, 2014, the Code Enforcement Board granted a continuance. See the attached Order of the Board OR 5039, Page 3246 for more information. I'm happy to report the violation has been abated as of June 5th, 2014. Fines and costs to date are as follows: Fines have accrued at a rate of$200 per date for the period between February 23rd, 2014 to June 5th, 2014, 103 days, for a total fine amount of$20,600. Previously assessed operational costs of$80.57 have been paid, and previously assessed operational costs of$64.34 have been paid. Total amount to date, $20,600. The county is recommending that the fines be waived as the property is in compliance and all operational costs have been paid. MS. BUSHNELL: Motion to abate. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We have a motion to abate and a second. All those in favor? MR. LAVINSKI: Aye. Page 46 June 20, 2014 MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. INVESTIGATOR MUCHA: Thank you. CHAIRMAN KAUFMAN: Thank goodness. This is -- MR. LAVINSKI: Nice job, Joe. MS. TOOLEY: We're going to go back to Item No. 14, tab 19, so that the investigator can read into the record the facts of the case. INVESTIGATOR AMBACH: I apologize for the inconvenience. Violation: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 1391 11th Street Southwest, Naples, Florida. Folio 45847720003. Description of violation: Screen room which was converted into a fully enclosed living space without the required Collier County permits. Past orders: On February 27th, 2014, 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 OR 5018, Page 3611 for more information. The violation has not been abated as of June 20th, 2014. Fines and costs to date are as follows: Fines have accrued at a rate of$250 per day for the period between May 29th, 2014 to June 20th, 2014, 23 days, for a total fine amount of$5,750. Fines continue to accrue. Previously assessed operational costs of$64.04 have not been Page 47 June 20, 2014 paid. Operational costs for today's hearing, $62.54. Total amount to date, $5,876.58. CHAIRMAN KAUFMAN: Thank you, Chris. INVESTIGATOR AMBACH: Thanks. MS. TOOLEY: Next is letter C, Motion to Rescind Previously Issued Orders. Item number one, tab 22. Case No. CELU20100004523. Respondent Silver Lakes Property Owners Association of Collier County, Incorporated. CHAIRMAN KAUFMAN: This is a leftover from last month? MR. WRIGHT: Well, it's kind of a cleanup item, but I have to point out that this has been a fairly controversial drawn out case. This is where they were using an open area for storage and they needed to get permits for it, basically. But the order that was entered in this case says the corrective action that they needed to take was cease use of the area for open storage or obtain a Site Development Plan Amendment allowing use of open storage in this area within 270 days. So there's a lot of history in this case. But the bottom line is we sat down with the building official and looked at that corrective action that was ordered and focused it on this specific requirement. Again, it was two things that they could do: Stop using it as storage or obtain an SDP amendment. So we met with the building official and we asked the question, have they obtained an SDP amendment? And they said yes, they did. On June 13th of 2012 they were given a letter and the subject is Final Site Development Plan approval, SDPA. And it clearly says, this is your permit and must be posted online. They gave them a window to get things done. So that permit is alive, it is in effect. The problem is they complied with this order before the deadline. They got this SDPA on June 13th, 2012, and the order says that they had to do it by August Page 48 June 20, 2014 15th, 2012. So technically they complied with this order two months before the compliance date. Now, there's a lot of permitting stuff, and that's where it got a little big cloudy. But the bottom line is they have complied with the specific order. A lien was imposed pursuant to this order because the posture of the case was that it was not in compliance. But after checking with the building official we learned that technically speaking this was in compliance prior to the compliance date and therefore a lien should not have been imposed. CHAIRMAN KAUFMAN: Okay. So you're looking to rescind this order. MR. WRIGHT: Yes, sir. CHAIRMAN KAUFMAN: We're looking for a motion from the board to rescind the order. MR. LAVINSKI: Motion to rescind. MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion and a second to rescind the order. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MS. TOOLEY: Next it is letter D, Motion to Amend Previously Issued Order. Item one, tab 23, Case No. CEVR20130010777. Respondent Ivy E. Peden. Page 49 June 20, 2014 (Investigator Jones was duly sworn.) INVESTIGATOR JONES: Good afternoon again. This is a request to amend previously issued order for Case No. CEVR20130010777. Specifically line item one within the order. And if approved, the amended order shall be written as: Must obtain any necessary permits, inspections and certificate of completion for the removal and/or filling in place of all Collier County prohibited exotic vegetation within 360 days of this hearing or pay a fine of$50 a day until abated. And I would be happy to go into detail with kind of the reasoning behind that if you would like. CHAIRMAN KAUFMAN: Why don't you just briefly hit the -- INVESTIGATOR JONES: Okay. We had some staff reviews with our neighboring county department, the Natural Resources Department. And basically this particular case involves, as you know, a heavy infestation of mature exotics located in the rear of the respondent's property. This case just came to hearing last month. And a lake in the rear of the property physically inhibits the exotic removal, you know, kind of stepping back and looking at the whole picture. To the effect that physical removal would most likely result in encroachment on the neighboring properties as the exotics are dragged around the lake to pull them out. In addition to that, the actual physical removal of these exotics, because it is such a dense infestation, it has the potential of severely disturbing the soil layers and soil sub-layers and any native vegetation that exists within that area, as well as the neighboring properties again. So kind based on that a treatment option was put on the table of filling in place, which is really in essence to kill the tree in place. And they have a whole method to do that, contractors do. And she's already got a guy in her sights who she's going to hire. And we kind of got an acceptable alternative in this particular case the way it's laid out, and that's the reasoning behind it. Page 50 June 20, 2014 CHAIRMAN KAUFMAN: As I recall, this was a single mother who had started trying to clear these herself; is that correct? INVESTIGATOR JONES: She did. And she not only started to clear them, but she cleared the entire front of the property pretty much by herself with the assistance of some friends on the weekends. But I don't know if you remember the photos, it was 100 coverage of air potato in front of her property and she eliminated every bit of it. And that stuff grows eight inches a day, so she's going to have a continual battle on her hands. So it's -- CHAIRMAN KAUFMAN: So your request now is to? INVESTIGATOR JONES: The request now is just provide her with the option of which I think she will readily utilize and that is to treat these trees in place instead of not only paying the huge extra cost of using mechanical equipment to haul them out, but really protect the neighboring properties around her and maintain some of that ecosystem integrity that is hopefully still there. CHAIRMAN KAUFMAN: And many of the properties around her have the same violation, only nobody's turned it in. INVESTIGATOR JONES: You know, it's one of those things. CHAIRMAN KAUFMAN: Okay, so we're looking to -- MR. LAVINSKI: Motion to amend. CHAIRMAN KAUFMAN: We have a motion to amend. MS. BUSHNELL: Second. MR. ASHTON: Second. CHAIRMAN KAUFMAN: And a second. Take your choice. CHAIRMAN KAUFMAN: All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? Page 51 June 20, 2014 (No response.) CHAIRMAN KAUFMAN: Carries unanimously. INVESTIGATOR JONES: Thank you. MS. TOOLEY: That's it. The last case was withdrawn. CHAIRMAN KAUFMAN: This one was withdrawn? I have a question on the withdrawn case. Is that likely to come back again or is that withdrawn forever and ever? MR. WRIGHT: It is likely to be back before you. Mr. Marshall, it's one of those cases that's been dragging on. I think it was an '04 case originally, so it's 10 years. And we recently got an order from the Circuit Court, Judge Monaco, remanding it back here. And I don't see how we can avoid that ultimately being decided by you, because there's a foreclosure pending against the very lien that's going to come before you as a result of Judge Monaco's ruling. So there's a lot of moving parts and I think it's going to come before you. Probably the next couple of months. But we went to make sure Mr. Marshall has an opportunity to be heard and be properly notified, so it may be a few months from now, since he's an out-of-towner. CHAIRMAN KAUFMAN: There's sort of a -- I read the case, there's a history lesson, I think. Brings us to -- MR. LEFEBVRE: A stupid question, but should you save these so you're not wasting paper, or is it just more complicated to save it? It's so thick. MR. WRIGHT: It would be great if you could save them. Any resource saving I give a thumbs up to. CHAIRMAN KAUFMAN: Well, we stack them up here and -- MR. LEFEBVRE: Take it aside and put it on top. MR. WRIGHT: Thank you. Appreciate that. CHAIRMAN KAUFMAN: Well, mine has comments on it, so -- MR. LEFEBVRE: Mine doesn't have any comments. Page 52 June 20, 2014 CHAIRMAN KAUFMAN: I write on all the orders so I can remember what's going on. Okay, that brings us to new business. We'll do the reports first and go from there. MR. WRIGHT: Okay, Mr. Chairman, board members, we have our usual report for today, and not a whole lot of highlights to report. I'd say that with the season kind of coming to a close we're getting into the rainy season and the character of the types of violations, we're getting kind of changes a little bit. We're getting a lot of-- we're expecting to get some culvert related cases, and we're already working with road and bridge on those. We have I think 60 cases, culvert cases, that we've opened this year since January, in anticipation of the rain. So we'll see if that has any impact at all on the tertiary system. So 60 houses, I'm not sure if it's going to make that much of a difference against Mother Nature, but trying to do our part on the anticipating the rain. So some of the numbers in there were over 17 million in the last five years. And that is a figure that was measured from July, '09. So we literally are coming up on that five-year mark. So over 17 million. We continue to get a lot of lien search requests. It's still very aggressive, about 40 a day. And that's pretty much it, unless you have questions, I'd be happy to answer. CHAIRMAN KAUFMAN: Are you going to tell us about the award you got last Tuesday? MR. WRIGHT: Well, yeah, it was great to get our officers recognized by the board, a proclamation. Code Enforcement Week. And obviously it's great to get the support of the board and everybody else. So we already have that picture hanging on our wall. And one other thing I wanted to mention is that you may recall that we were tracking abandoned homes -- CHAIRMAN KAUFMAN: Yes. Page 53 June 20, 2014 MR. WRIGHT: -- and blighted homes. And at the end of the year we did an inventory of those in the last quarter of 2013 and the number that we had at the end of the year was 1131 . The number as of the end of May is 805, I believe. So -- and we are -- we're not just taking houses off of that list, we're adding stuff on too. But then that is going on. And I'd say from 1,100 down to 800 in a six-month period is a reason to be optimistic. CHAIRMAN KAUFMAN: Well, there's a lot of activity in the real estate market right now; homes particularly in the under 400,000 range are becoming rarer and rarer to find. I think some of those that you're referring to fall into that category, certainly under 400,000. MR. LAVINSKI: Jeff, I was just wondering, our hearings today dropped down significantly. Is that because all the officers after your award are just relaxing and taking the summer off? MR. WRIGHT: I think it's probably coincidence more than anything. I will say that there's a -- there tends to be a greater volume during the sweet spot in the calendar year, the season, so that might be a reflection of that. But our volume, our case volumes are up. And I think the fact that fewer are coming to a hearing is a reflection of our ability to resolve this. MR. LAVINSKI: They're working harder. That's good. CHAIRMAN KAUFMAN: Okay. The next item is an update on the status of one of our members, Tony Marino. Do you want to give us your take to begin and we can go from there? You spoke with Tony? MR. WRIGHT: Yes, I spoke with Tony, but I have not -- there's been a change, from what I understand. The last communication I received was through the County Manager's Office. And they deal with the advisory boards. And the message we got was that Mr. Marino was fully intending to be back on the board. When I spoke with him it was probably a month before that, he indicated that he would not be coming back. So we have not had a Page 54 June 20, 2014 chance to talk directly with Mr. Marino, but when we get direction from the County Manager saying that someone's going to remain on the board we don't second guess that. And we're under the assumption that Mr. Marino is planning to be on the board, notwithstanding any issues that might be raised by his absence. CHAIRMAN KAUFMAN: Well, the bylaws of the board call for actually his removal because he has missed so many meetings. I realize that he's been sick, but -- MR. LEFEBVRE: I make a motion. In light of the fact that his attendance even when he was healthy was not that good, I make a motion that we remove him from the board. MR. ASHTON: I second it. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on it? (No response.) CHAIRMAN KAUFMAN: Any comments from the county? MS. RAWSON: Do you have the authority to remove somebody from the board? I'm not sure. Because the Commission appointed him. MR. LEFEBVRE: Someone have the rules? MS. RAWSON: Well, I know it's in the rules that if you miss so many times you're out. CHAIRMAN KAUFMAN: Three. MS. RAWSON: It's part of your rules and regulations, I'm aware of that. But this is unusual for us to -- MR. LEFEBVRE: Should we maybe send it up to the County Commissioners, ask them to look at it? CHAIRMAN KAUFMAN: Well, the comment I have is this past -- since your discussion with Mr. Marino, I know they tried to reach him, the county tried to reach him this week, and nobody could reach him. So his cases were here waiting for him -- why don't you tell us what you found in trying to track him down. Page 55 June 20, 2014 MS. SERRANO: Yes, I tried to reach out to him and I -- THE COURT REPORTER: May I have your name, please. MS. SERRANO: I'm sorry, Marlene Serrano, Code Enforcement. I tried, you know, all types of communication and I was not able to reach him. So I don't know the status. We need to bring this motion to the BCC for approval of his removal. I have to put it on the agenda. MR. WRIGHT: But that's just the bottom line, just to clarify. Members of the advisory board serve at the pleasure of the Board of County Commissioners. So they're the ultimate authority. However, I think that would be appropriate for us to forward your concerns to the person that handles advisory board appointments and point out the fact that it appears to be appropriate for removal in light of the ordinance. CHAIRMAN KAUFMAN: We have had several occasions -- the concern is that -- and I've been on the board for many years, Gerald's been on longer than I've been on -- that we've come very close to showing up here without a quorum, which would be embarrassing to say the least. I don't even know what we'd do in a case like that. But we've shown up at the board and the alternates -- I guess Chris left, I don't know -- Lisa has been put on, that was the latest. So we're down one member to begin with. We have two members out today with excused absences, Tony's gone today as a regular absence. It comes down to conducting the business of the board. So I don't know if we need it as a regular motion or we voice our concern and you take it up the line and see what they say. MS. RAWSON: I would rather see you just voice your concern, and obviously this is a public record today, so I think they will take that to the County Commission. But I believe that maybe we should let the County Commissioners decide if he's no longer going to be on the board, because they're the ones that are going to have to appoint Page 56 June 20, 2014 his replacement too. MS. SERRANO: Right. If I could say, I need to bring the BCC the information that the board -- the Code Enforcement Board is asking to -- for him to be removed and then we will advertise for a new member. CHAIRMAN KAUFMAN: Do you have the attendance records, if you will, of all the board members? MS. SERRANO: We do have them. Not with me right now, but I do have them. CHAIRMAN KAUFMAN: No, I understand. MS. SERRANO: Yes. CHAIRMAN KAUFMAN: So I think that that would be appropriate for you to bring that. That's the only reason. We like Tony and we wish him well. I am just concerned that we have a board meeting without at quorum at times, because it's almost an automatic one person's going to be missing to begin with, and we're missing the one alternate so you're down two before you even have a meeting. MS. RAWSON: Well, in addition she could show the Board of County Commissioners your rules and regulations, which clearly state you miss so many meetings then you're not on the board anymore. MR. LEFEBVRE: When's he up for reappointment; do you know? MS. SERRANO: He was just renewed, actually. MR. LEFEBVRE: In February? CHAIRMAN KAUFMAN: February or March, yeah. MR. ASHTON: His thing came up in February. But like I said, I've been on the board and he has not been to any meetings since I've been on this board. I agree, sometimes we're -- some people have to have excused absences and, you know, we don't know if he's coming or not and it could throw the hold board for a quorum. So, I mean, he's -- to me he has no intent of even being here. He should have been here today. Page 57 June 20, 2014 MR. LEFEBVRE: I've been on the board 12 years, I can remember one time I missed two meetings, I had excused absences. Two meetings in a row. And I probably missed in those 12 years probably six to eight meetings max. So my attendance, I am on this board at the pleasure of the Commissioners, but I take it very serious. CHAIRMAN KAUFMAN: So we won't throw you off. MR. LEFEBVRE: Well, I know you guys won't throw me off. MR. LAVINSKI: I think we ought to go ahead with the motion and the second and vote and let whoever's going to decide this see that we actually took a vote and here's whatever it is. MR. LEFEBVRE: That shows that we're serious. MR. LAVINSKI: We're sincere. MS. RAWSON: Well, do you want me to write an order? CHAIRMAN KAUFMAN: Yeah, I think that might be -- you're going to get the same result with or without a motion. I think it would be softer without the motion. MS. RAWSON: You know, I would rather not write an order. I would rather have the Code Enforcement people go and talk to the Board of County Commission and express your concerns and show them what your rules say. MR. LEFEBVRE: Is there any way to give a quick synopsis of our feelings, I guess? MS. RAWSON: Well, I think all you have to do is print out the last few pages of today's transcript. CHAIRMAN KAUFMAN: Jeff? MR. WRIGHT: I have a suggestion, if it's okay with Ms. Rawson. What we could do is in light of your vote would be to send a memo to the contact for advisory boards, saying today at the Code Enforcement Board a vote was sent, their recommendation is in light of the applicable guidelines and advisory board ordinance that Mr. Marino appears to be ineligible for further membership on the board. Page 58 June 20, 2014 And then we'll attach see attached attendance certificates and ordinance. And that way we'll at least spell out your concern and we'll pass it to the right people. MR. LEFEBVRE: With a vote or without a vote? MR. WRIGHT: A vote would be I think tidy. MS. RAWSON: Okay. MR. LEFEBVRE: We have a motion and a second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Just show it as unanimous. MS. SERRANO: Thank you. MS. TOOLEY: And before you adjourn, we skipped over the consent agenda. We have a request to forward cases to the County Attorney's Office for foreclosure. CHAIRMAN KAUFMAN: Accept a motion to -- MR. LAVINSKI: Motion to forward. MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion and second to forward. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) Page 59 June 20, 2014 CHAIRMAN KAUFMAN: Carries unanimously. I may want to say that not next month but the following month in August, I probably will not be here. I'm going to be on a ship with my grandchildren driving me crazy and my kids. MR. LAVINSKI: So you're better off here. CHAIRMAN KAUFMAN: Yes. We can either Skype me in or -- but they'll drive me crazy and that's fine. MS. TOOLEY: Should I mark you as absent? CHAIRMAN KAUFMAN: You can -- hopefully I can be excused for the August meeting, not absent. Actually I've only missed one meeting in six years -- or eight years. That was last year when they operated on my eye. But other than that, I can still see you. Motion to adjourn? MR. LAVINSKI: Motion to adjourn. MR. ASHTON: Second. CHAIRMAN KAUFMAN: All in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MS. BUSHNELL: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. We are adjourned. MS. TOOLEY: And just to put on record, July 24th is our next meeting. CHAIRMAN KAUFMAN: Right. ***** Page 60 June 20, 2014 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:43 a.m. COLLIER COUNTY CODE •RCEMENrY'BOARD IV BE A U MAN, CHAIRMAN OV These minutes approved by the Board on 0 7 / 4/t4- , as presented or as corrected Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. Page 61