CEB Minutes 10/28/2016 Code
Enforcement
Board
Minutes
October 28 , 2016
October 28, 2016
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY CODE ENFORCEMENT BOARD
Naples, Florida, October 28, 2016
LET IT BE REMEMBERED, that the Collier County Code
Enforcement Board, in and for the County of Collier, having
Conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: Robert Kaufman
Robert Ashton
Ron Doino (arrived at 9:07 a.m.)
Gerald J. Lefebvre
James Lavinski
Lionel L'Esperance
Tony Marino
Kathleen Elrod (Alternate)
Sue Curley (Excused)
ALSO PRESENT:
Tamara Lynne Nicola, Attorney to the Board
Jeff Letourneau, Manager of Investigations
Kerry Adams, Code Enforcement
Page 1
CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA
AGENDA
Date: October 28, 2016 at 9:00 A.M.
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 Ronald Doino,
James Lavinski,Vice Chair Tony Marino
Gerald Lefebvre Robert Ashton,
Lionel L'Esperance Sue Curley,Alternate
Kathleen Elrod,Alternate
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES
A. September 22,2016 Hearing
5. PUBLIC HEARINGS/MOTIONS
A.Motions
Motion for Continuance
Motion for Extension of Time
1
B. Stipulations
C. Hearings
1. CASE NO: CESD20160002961
OWNER: KINGDOM STONE INC
OFFICER: INVESTIGATOR SHERRY PATTERSON
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06
(B)(1)(a).PERMIT NO.2002011819 FOR A POLE BARN THAT NEVER RECEIVED ALL
INSPECTIONS AND CERTIFICATE OF OCCUPANCY.
FOLIO NO: 37345040002
VIOLATION
ADDRESS: 1121 27TH ST SW,NAPLES
2. CASE NO: CESD20150017331
OWNER: FRANCISCO R BLANCO AND DIANA BLANCO
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTIONS
10.02.06(B)(1)(a)AND 10.02.06(B)(1)(e)(i).UNPERMITTED STRUCTURES AND ALTERATIONS
ON THE PROPERTY.
FOLIO NO: 40933560004
VIOLATION
ADDRESS: 3241 2ND AVE SE,NAPLES
3. CASE NO: CEVR20150002646
OWNER: KI-LI ASSOCIATES LLC
OFFICER: INVESTIGATOR JEFF LETOURNEAU
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 3.05.01(B).
VEGETATION REMOVED,DISTURBED AND DAMAGED BEYOND THE SCOPE OF
VEGETATION REMOVAL PERMIT PL20140002407.
FOLIO NO: 394200008 AND 394160009
VIOLATION
ADDRESS: 4001 TAMIAMI TRAIL EAST,NAPLES
4. CASE NO: CESD20160009711
OWNER: ARTUR MUSZYNSKI
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTIONS
1.04.01(A),2.02.03, 10.02.06(B)(1)(e)(i)AND 10.02.06(B)(1)(a).UNPERMITTED ELECTRICAL,
PLUMBING,MECHANICAL,AND STRUCTURAL ALTERATIONS TO SUPPORT MULTI-
FAMILY USE.
FOLIO NO: 70921440009
VIOLATION
ADDRESS: 1172 PARKWAY DR,NAPLES
2
D. Motion for Reduction of Fines/Lien.
1. CASE NO: CESD20150017917
OWNER: RAFFAELE FABRIZIO AND JANICE FABRIZIO
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,ORDINANCE 04-41,AS AMENDED,
SECTION 10.02.06(B)(1)(A).POOL PERMIT PRBD20140514906 EXPIRED LEAVING POOL
WITH NO PERMANENT SAFETY BARRIER CREATING A HEALTH AND SAFETY HAZARD.
FOLIO NO: 69770005842
VIOLATION
ADDRESS: 3158 SAGINAW BAY DRIVE,NAPLES
6. OLD BUSINESS
A. Motion for Imposition of Fines/Liens
1. CASE NO: CESD20150017447
OWNER: DANIEL HERRERA AND GLENDA GONZALEZ
OFFICER: INVESTIGATOR JOSEPH MUCHA
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 10.02.06
(B)(1)(A)AND(E).INTERIOR IMPROVEMENTS ON A WOODEN STRUCTURE CONSISTING
OF ELECTRIC,DRYWALL,INSULATION,FRAMING,TRUSSES,PLUMBING,ALL
CONSTRUCTED WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED
PERMITS,INSPECTIONS AND CERTIFICATES OF OCCUPANCY AS REQUIRED BY THE
COLLIER COUNTY BUILDING.
FOLIO NO: 30733560007
VIOLATION
ADDRESS: 1316 ORANGE ST,IMMOKALEE
2. CASE NO: CELU20150022253
OWNER: LA SORIANA INC.
OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 2.02.03.
USING VACANT LOT AS OVERFLOW PARKING WITHOUT AN APPROVED SDPA.
PL20140001643 IS IN REJECTION STATUS,NOT YET APPROVED BY COLLIER COUNTY TO
USE AS ADDITIONAL PARKING LOT.
FOLIO NO: 25631080005
VIOLATION
ADDRESS: NO SITE ADDRESS,IMMOKALEE
3. CASE NO: CESD20150003265
OWNER: WILLIAM T.CABAL
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(A).UNPERMITTED STRUCTURES AND EXTERIOR LIGHTING IN THE REAR
YARD.
FOLIO NO: 38166040002
VIOLATION
ADDRESS: 5941 COPPER LEAF LN,NAPLES
3
4. CASE NO: CEROW20150023030
OWNER: PATRICK J.BROWNE AND BEATRIZ Z.PEREZ
OFFICER: INVESTIGATOR PATRICK BALDWIN
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND
BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY,DIVISION 1 GENERALLY,
SECTION 110-31(A).THE CULVERT/DRAINAGE PIPE HAS FAILED,THAT IS,IT HAS
COLLAPSED OR RUSTED THROUGH.ORDINANCE 2003-37 REQUIRES THAT NECESSARY
REPAIRS ARE THE RESPONSIBILITY OF THE PROPERTY OWNER.
FOLIO NO: 164960002
VIOLATION
ADDRESS: 203 WILLOUGHBY DRIVE,NAPLES
5. CASE NO: CESD20150011320
OWNER: KELLY BAKER
OFFICER: INVESTIGATOR JOE GIANNONE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION
10.02.06(B)(1)(A).A SINGLE WIDE MOBILE HOME AND UTILITY SHED STAGED ON
IMPROVED UNOCCUPIED RESIDENTIAL PROPERTY WITHOUT FIRST OBTAINING THE
REQUIRED PERMITS,INSPECTIONS,AND CERTIFICATE OF OCCUPANCY/COMPLETION.
FOLIO NO: 01132480005
VIOLATION
ADDRESS: 259 GLADYS CT,COPELAND
6. CASE NO: CEROW20150023031
OWNER: VERONICA TRESSLER,BARBARA DETHLOFF,AND ELIZABETH LUCKY
OFFICER: INVESTIGATOR PATRICK BALDWIN
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND
BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY,DIVISION 1 GENERALLY,
SECTION 110-31(A).THE CULVERT/DRAINAGE PIPE HAS FAILED,THAT IS,IT HAS
COLLAPSED OR RUSTED THROUGH.ORDINANCE 2003-37 REQUIRES THAT NECESSARY
REPAIRS ARE THE RESPONSIBILITY OF THE PROPERTY OWNER.
FOLIO NO: 161080008
VIOLATION
ADDRESS: 231 WILLOUGHBY DRIVE,NAPLES
7. CASE NO: CESD20150024052
OWNER: K&R HOMETECH LLC
OFFICER: INVESTIGATOR VIRGINIE GIGUERE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION
10.02.06(B)(1)(A).INTERIOR ALTERATIONS CONSISTING OF BUT NOT LIMITED TO;THE
REMOVAL OF INTERIOR WALLS,PLUMBING,AND ELECTRICAL WORK ALL DONE PRIOR
TO OBTAINING COLLIER COUNTY BUILDING PERMITS
FOLIO NO: 63100120005
VIOLATION
ADDRESS: 4810 AZTEC CIR,NAPLES
4
8. CASE NO: CESD20150017917
OWNER: RAFFAELE FABRIZIO AND JANICE FABRIZIO
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,ORDINANCE 04-41,AS AMENDED,
SECTION 10.02.06(B)(1)(A).POOL PERMIT PRBD20140514906 EXPIRED LEAVING POOL
WITH NO PERMANENT SAFETY BARRIER CREATING A HEALTH AND SAFETY HAZARD.
FOLIO NO: 69770005842
VIOLATION
ADDRESS: 3158 SAGINAW BAY DRIVE,NAPLES
9. CASE NO: CESD20150015459
OWNER: FRANCES POOLE
OFFICER: INVESTIGATOR ARTHUR FORD
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 10.02.06
(B)(1)(A).A REAR DECK INSTALLATION AND LANAI CONVERSION/ENCLOSURE AND
WINDOW INSTALLATION WITHOUT REQUIRED COLLIER COUNTY PERMITS,
INSPECTIONS AND CERTIFICATE OF COMPLETION/OCCUPANCY.
FOLIO NO: 24982560000
VIOLATION
ADDRESS: 1865 HARBOR LN,NAPLES
10. CASE NO: CESD20150014619
OWNER: PETER WESSEL TRUSTEE,OF THE PETER WESSEL IRREV TRUST UTD 2/14/06
OFFICER: INVESTIGATOR JEFF LETOURNEAU
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 10.02.06
(B)(1)(A)AND 10.02.06(B)(1)(E)(I).A SHED TYPE STRUCTURE LOCATED IN THE REAR
YARD OF THE PROPERTY WITH NO PERMITS ON FILE.
FOLIO NO: 49582200004
VIOLATION
ADDRESS: 6 DERHENSON DR,NAPLES
11. CASE NO: CEROW20150019121
OWNER: O'CONNELL J.BENJAMIN AND DAUGHN M.BENJAMIN
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND
BRIDGES,ARTICLE II CONSTRUCTION IN PUBLIC RIGHT OF WAY,DIVISION 1,
GENERALLY,SECTION 110-30.DAMAGED DRIVEWAY APRON AND CULVERT PIPE.
FOLIO NO: 67184720003
VIOLATION
ADDRESS: 86 RIDGE DR,NAPLES
12. CASE NO: CESD20150015096
OWNER: UV CITE LLC
OFFICER: INVESTIGATOR ARTHUR FORD
VIOLATIONS: BUILDING AND LAND ALTERATION PERMITS,COLLIER COUNTY LAND DEVELOPMENT
CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A).AIR CONDITIONING CHANGE OUT
WITHOUT REQUIRED COLLIER COUNTY PERMITS,INSPECTIONS AND CERTIFICATE OF
COMPLETION/OCCUPANCY.
FOLIO NO: 66262021764
VIOLATION
ADDRESS: 81 BURNT PINE DRIVE,NAPLES
5
13.CASE NO: CESD20140017894
OWNER: JOSE F GARCIA
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06
(B)(1)(A).INCOMPLETE HOME.
FOLIO NO: 40420400004
VIOLATION
ADDRESS: 2087 DESOTO BLVD N,NAPLES
B. Motion to Rescind Previously Issued Order
C. Motion to Amend Previously Issued Order
7. NEW BUSINESS
8. CONSENT AGENDA
A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary.
NONE
9. REPORTS
10. COMMENTS
11. NEXT MEETING DATE- Friday November 18,2016
12. ADJOURN
6
October 28, 2016
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
presentation unless additional time is granted by the Board.
Persons wishing to speak on any agenda item will receive up to
five minutes unless the time is adjusted by the Chairman.
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.
If you could stand for the Pledge.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN KAUFMAN: Okay. Why don't we start out with
the roll call.
MS. ADAMS: Mr. Robert Kaufman?
CHAIRMAN KAUFMAN: Here.
MS. ADAMS: Mr. James Lavinski?
MR. LAVINSKI: Here.
MS. ADAMS: Mr. Gerald Lefebvre?
MR. LEFEBVRE: Present.
MS. ADAMS: Mr. Lionel L'Esperance?
MR. L'ESPERANCE: Here.
MS. ADAMS: Mr. Tony Marino?
MR. MARINO: Here.
MS. ADAMS: Mr. Robert Ashton?
MR. ASHTON: Here.
MS. ADAMS: Ms. Kathleen Elrod?
MS. ELROD: Here.
MS. ADAMS: And Ms. Sue Curley has an excused absence, and
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October 28, 2016
Mr. Ronald Doino is going to be late, but he will be here.
CHAIRMAN KAUFMAN: Okay. That means that Kathleen
will be a full voting member of the board this morning.
Would you like to go over if there are any changes in the agenda?
MS. ADAMS: Yes. Number 5, public hearings, motions, Letter
A, motions, motion for extension of time. We have two additions. The
first is from imposition of fines, No. 5, Tab 9, Case
CESD20150011320, Kelly Baker.
The second is from imposition of fines, No. 13, Tab 17, Case
CESD20140017894, Jose F. Garcia.
Letter B, stipulations, we have one addition. It's No. 4 from
hearings, Tab 4, Case CESD20160009711, Arthur Muszynski.
Letter C, hearings, No. 1, Tab 1, Case CESD20160002961,
Kingdom Stone, Incorporated, has been withdrawn.
Number 2, Tab 2, Case CESD20150017331, Francisco R. Blanco
and Diana Blanco, has been withdrawn.
Number 3, Tab 3, Case CEVR20150002646, Ki-Li Associates,
LLC, has been withdrawn.
Number 6, old business, Letter A, motion for imposition of
fines/liens, No. 4, Tab 8, Case CEROW20150023030, Patrick J.
Brown and Beatriz Z. Perez, has been withdrawn.
Number 6, Tab 10, Case CEROW20150023031, Veronica
Tressler, Barbara Dethloff, and Elizabeth Lucky, has been withdrawn.
Number 10, Tab 14, Case CESD20150014619, Peter Wessel,
Trustee of the Peter Wessel Irrevocable Trust under Trust dated
February 14, 2016, has been withdrawn.
And, No. 7, new business, we have one item added for discussion.
It's the 2017 hearing schedule, and that's all the changes.
CHAIRMAN KAUFMAN: Okay. Could we get a motion to
accept the agenda as modified?
MR. ASHTON: Make a motion to accept the agenda as modified.
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October 28, 2016
MR. MARINO: Second.
MR. LEFEBVRE: Second.
CHAIRMAN KAUFMAN: And second. All those in favor?
MR. MARINO: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
MR. L'ESPERANCE: Aye.
MR. ASHTON: Aye.
MS. ELROD: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay. The minutes. I'm sure everybody has diligently read their
minutes. And if you have any changes, now is the time to bring them
up. If not, I'll take a motion to approve the minutes.
MR. LAVINSKI: Motion to approve.
MR. MARINO: Second.
CHAIRMAN KAUFMAN: We have a motion and a second. All
those in favor?
MR. MARINO: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
MR. L'ESPERANCE: Aye.
MR. ASHTON: Aye.
MS. ELROD: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay. Let the fun begin.
Page 4
October 28, 2016
MS. ADAMS: Okay. The first motion for extension of time is
from imposition of fines, No. 5, Tab 9, CESD20150011320, Kelly
Baker.
(The speaker was duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Okay. Before we begin, there's a
revision that was placed on everybody's position this morning for the
request to -- for a six-month extension. Having said that, why don't we
begin.
MR. GIANNONE: Yes, sir. For the record, Joseph Giannone,
Collier County Code Enforcement.
This is in reference to Case No. CESD20150011320. Ms. Baker
was requesting an extension of time which the Collier County Code
Enforcement will grant.
CHAIRMAN KAUFMAN: Okay. This was -- there was an
order on May 26th where the respondent was found in violation and,
according to the request, they have hired a Jackie Williams to finish
the project, and they're asking for six additional months.
MR. GIANNONE: Yes, sir.
CHAIRMAN KAUFMAN: The respondent is not present?
MR. GIANNONE: No, sir. I believe she was to be coming this
morning. She did pay the operational costs that were owed yesterday
morning, and we were kind of expecting her this morning.
CHAIRMAN KAUFMAN: Okay. Can you tell me how much of
the work -- well, this was a mobile home with the utility shed
unoccupied on the property. Is the --
(Mr. Doino is now present and is a full voting member.)
CHAIRMAN KAUFMAN: You didn't miss anything, Ron.
Right on time.
There was a shed that was there which required permits. Are they
intending to remove the shed?
MR. GIANNONE: The shed, I believe, is removed, sir. And the
Page 5
October 28, 2016
-- they're getting ready with the pilings for -- which is on site for the
trailer and --
CHAIRMAN KAUFMAN: So they're going to be putting a
trailer in?
MR. GIANNONE: Yeah. The trailer has been in, and that's what
the issue is, sir.
CHAIRMAN KAUFMAN: Okay. I was just reading the
description of the single-wide mobile home with shed staged on
improved, unoccupied residential property. So we're starting -- they're
going to pull a trailer on there, or it's on there now?
MR. GIANNONE: It's on there already, sir.
CHAIRMAN KAUFMAN: And it needs to be permitted?
MR. GIANNONE: Yes, sir, and they're in the permitting process
right now. The permit is PRBD20160519112.
CHAIRMAN KAUFMAN: Is anybody living there?
MR. GIANNONE: No, sir.
CHAIRMAN KAUFMAN: Gerald?
MR. LEFEBVRE: Have they picked up the permit?
MR. GIANNONE: I believe so, sir; yes.
MR. LEFEBVRE: It has been picked up. So it's not in the
"ready" status; it's actually been picked up?
MR. GIANNONE: Yes, sir.
MR. LEFEBVRE: Okay. I think six months is quite a bit of time
to do the work. It sounds like there's not a whole lot of work that
needs to be done.
I make a motion for a 90-day extension.
MR. LAVINSKI: Second.
MR. LEFEBVRE: Or continuance; sorry, continuance.
CHAIRMAN KAUFMAN: Okay. We have a motion for a
90-day continuance, which is seconded. Any discussion on the
motion?
Page 6
October 28, 2016
I guess after 90 days, if they have shown some progress and they
need additional time, I'm sure the Board would be glad to entertain that.
Hearing no comments, all those in favor?
MR. MARINO: Aye.
MR. DOINO: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
MR. L'ESPERANCE: Aye.
MR. ASHTON: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. GIANNONE: Thank you.
CHAIRMAN KAUFMAN: Thank you.
MS. ADAMS: The next motion for extension of time is from
imposition of fines, No. 13, Tab 17, Case CESD20140017894, Jose F.
Garcia.
CHAIRMAN KAUFMAN: Again, there's a new Tab 17 that was
provided this morning, if you had a chance to read it.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Okay. Good morning.
MR. ASARO: Good morning.
MR. GARCIA: Good morning.
CHAIRMAN KAUFMAN: Good morning.
Since this is -- since you're requesting a change, you will go first.
I'm looking at the past order, which was on May 28th, 2015. This was
for --
MR. LEFEBVRE: Incomplete home.
CHAIRMAN KAUFMAN: Yeah. And this was -- a
continuance was granted on April 29th, et cetera. So why don't you tell
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October 28, 2016
us where you are and what's been done.
MR. GARCIA: I haven't been able to pass the engineering
inspection; that's why I haven't been able to finish the house. And I
have several engineer letters that have been taken to the county, and
they have not been accepted. I haven't been able to finish it.
CHAIRMAN KAUFMAN: What was the reason that the county
-- they didn't accept them because there was a --
MR. GARCIA: There was lack of information from the engineer.
He didn't take pictures that he was supposed to take, I guess, and
they're asking for more information.
CHAIRMAN KAUFMAN: And is the engineer providing that
information?
MR. GARCIA: He's working on it right now, and I'm also hiring
another engineer. That way I can have two opinions.
CHAIRMAN KAUFMAN: Okay. The county?
MR. ASARO: I have a photo of the -- what the house looks like,
recent photos, if you would like to see how far.
CHAIRMAN KAUFMAN: Okay. We did hear this case. This is
for the implement -- imposing the fine or not. But why don't we show
it just for -- make a motion to accept that. You've seen the picture
before?
MR. GARCIA: Not this one.
CHAIRMAN KAUFMAN: Why don't you show the respondent
the picture first.
MR. LEFEBVRE: Make a motion to accept the exhibit.
MR. DOINO: Second.
CHAIRMAN KAUFMAN: We have a motion and a second. All
those in favor?
MR. MARINO: Aye.
MR. DOINO: Aye.
MR. LAVINSKI: Aye.
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October 28, 2016
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
MR. L'ESPERANCE: Aye.
MR. ASHTON: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay. Big house. So the engineering is for the entire house or
one section of the house?
MR. GARCIA: Just for the roof of the house.
CHAIRMAN KAUFMAN: Just for the roof, okay.
MR. GARCIA: The trusses.
CHAIRMAN KAUFMAN: The trusses.
MR. LEFEBVRE: Trusses.
CHAIRMAN KAUFMAN: So you don't have "roof in progress;"
you know, you put one tile up and it's --
MR. GARCIA: Not yet.
CHAIRMAN KAUFMAN: Not yet, okay. Do you have any idea
when the engineer's going to get back? Generally, the people who
provide the trusses also provide the engineering letter for the trusses.
MR. GARCIA: I do have that, and the county have that, too.
CHAIRMAN KAUFMAN: And the county didn't accept it?
MR. GARCIA: No.
CHAIRMAN KAUFMAN: Okay.
MR. LEFEBVRE: How much work has been done on the house
since May of 2015?
MR. ASARO: Well, the last inspection was May 16th, 2016, for
a plumbing inspection. That's the last inspection on record.
CHAIRMAN KAUFMAN: I think that this is a big job to take
on. And, ordinarily, I am familiar with building. When you buy
trusses, whether you get them from Naples Lumber or whoever you get
Page 9
October 28, 2016
the trusses from, they come with an engineering letter. It's unusual that
the letter would be rejected by the county. I guess they need some
additional information. That should be coming from the engineer
hopefully soon, and once that happens, you'll be on your way to
completing the house.
MR. GARCIA: Correct.
CHAIRMAN KAUFMAN: So how much time do you think you
would need to at least get that moving?
MR. GARCIA: Okay. Last time I was here I asked for six
months. I thought it was going to be enough time and, obviously, it
was not. I would like to have another year if it's possible.
CHAIRMAN KAUFMAN: Comments from the Board?
MR. LEFEBVRE: How long has this -- when was it first
rejected, the engineering plans or --
MR. GARCIA: It was last December.
MR. LEFEBVRE: Last December. I don't remember that being
brought up last April.
MR. GARCIA: And the last inspection was on January 8th of
this year?
CHAIRMAN KAUFMAN: So from January 8th to now, the
engineer who was given that information has yet to respond?
MR. GARCIA: I've been taking letters from the engineer to the
county, and they haven't accepted. They always ask for something
different, and I've been trying to provide everything they ask for.
CHAIRMAN KAUFMAN: Well, it seems like a long time for an
engineer to -- I mean, these are new trusses. It looks like a new house.
MR. GARCIA: It is.
CHAIRMAN KAUFMAN: Okay. You're putting a tile roof on
there?
MR. GARCIA: Yes.
CHAIRMAN KAUFMAN: Is it the weight loading that is the
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October 28, 2016
problem?
MR. GARCIA: No, sir.
CHAIRMAN KAUFMAN: You don't know, okay.
MR. GARCIA: No.
CHAIRMAN KAUFMAN: Okay. Well, I think a year,
personally, is just taking this way too down the road. I would suggest
that somebody come up with a solution that is short of that time frame
so that we can see what progress is being made at that time.
MR. LEFEBVRE: Well, six months from now will be basically
two years from when he started this process, and most members on this
board know my coin phrase: You can build a high-rise in two years.
So this is a single-family house, and I don't understand why it should
take two-plus years to correct or to build.
I will make a motion for six more months.
MR. L'ESPERANCE: I will second that.
CHAIRMAN KAUFMAN: Okay. We have a motion and a
second. Discussion on the motion?
(No response.)
CHAIRMAN KAUFMAN: My concern on this is from January
to October, really November -- so we're talking about 9 or 10 months
to get an answer, just an answer on the trusses -- seems to be excessive.
So I will support the motion, but I will also say that if another six
months goes by with no answer, I don't think it would be viewed by
the Board very favorably.
So I don't know what needs to be done. Maybe instead of talking
to an engineer, you should be talking to an attorney. I don't know.
MR. LEFEBVRE: Are you doing this as an owner?
MR. GARCIA: As an owner.
MR. LEFEBVRE: That may be part of the problem. You may
have to get a builder in there to be able to get you from Point A to
Point B. And just to clarify, my motion would be a continuance.
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October 28, 2016
CHAIRMAN KAUFMAN: Yes.
MR. LEFEBVRE: Okay. I just wanted to be clear on that.
Anybody else who would like to speak on this motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MR. MARINO: Aye.
MR. DOINO: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
MR. L'ESPERANCE: Aye.
MR. ASHTON: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Six months. Whatever you need to do, go down there and knock
on their door and beat them up. Tell them to get the answers that the
county needs.
MR. GARCIA: All right.
CHAIRMAN KAUFMAN: Thank you.
MR. GARCIA: Thanks.
MS. ADAMS: The next case, Letter B, Stipulations, No. 4, Tab
4, Case CESD20160009711, Arthur Muszynski.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Good morning, Eric.
Good morning. Could you state your name.
MR. RICCIARDELLI: Robert Ricciardelli.
CHAIRMAN KAUFMAN: You might want to put that up. I
think you're taller than I am. Of course, everybody's taller than I am.
You want to read the stipulation into the record?
MR. SHORT: Before we get started, I believe you have a letter in
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October 28, 2016
front of you for authorization from the property owner.
CHAIRMAN KAUFMAN: Yes, yes.
MR. SHORT: For the record, Senior Investigator Eric Short,
Collier County Code Enforcement.
It is agreed between the parties that the respondent shall: One,
pay operational costs in the amount of$65.43 incurred in the
prosecution of this case within 30 days of this hearing;
Two, abate all violations by: Obtaining all required Collier
County building permits or demolition permit, inspections, and
certificate of completion or occupancy within 90 days of this hearing,
or a fine of$200 per day will be imposed until the violation is abated;
Three, respondent must notify Code Enforcement within 24 hours
of abatement of the violation and request the investigator perform a
site inspection to confirm compliance;
Four, that if the respondent fails to abate the violation, the county
may abate the violation using any method to bring the violation into
compliance and may use the assistance of the Collier County Sheriffs
Office to enforce the provisions of this agreement, and all cost of
abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. You've heard the stipulation.
You agreed to that?
MR. RICCIARDELLI: Yes, sir.
CHAIRMAN KAUFMAN: Do you have any problem with the
timing on it to get it done?
MR. RICCIARDELLI: No, sir.
CHAIRMAN KAUFMAN: Okay. Motion from the Board?
(No response.)
CHAIRMAN KAUFMAN: Any discussion?
MR. LEFEBVRE: Discussion. Is this a single-family residence?
MR. RICCIARDELLI: Yes, sir.
MR. LEFEBVRE: So it would be converted back to
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October 28, 2016
single-family residence?
MR. RICCIARDELLI: Yes, sir.
CHAIRMAN KAUFMAN: Okay.
MR. LEFEBVRE: Make a motion to approve the stipulated
agreement as read.
MR. MARINO: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
Any discussion on the motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MR. MARINO: Aye.
MR. DOINO: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
MR. L'ESPERANCE: Aye.
MR. ASHTON: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Thank you, sir.
MR. RICCIARDELLI: Thank you.
MS. ADAMS: The next case is Letter D, motion for reduction of
fines/liens, Tab 12, Case CESD20150017917, Raffaele Fabrizio and
Janice Fabrizio.
CHAIRMAN KAUFMAN: Again, we have a revised package
and a package from the respondent's attorney. Do you want to take a
minute to look it over?
(The speaker was duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Okay. This was a pool permit
expired leaving the pool with no permanent safety barrier, creating a
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October 28, 2016
health and safety hazard.
Okay. Good morning.
MR. BONAQUIST: Good morning.
CHAIRMAN KAUFMAN: Do you want to state your name on
the microphone.
MR. BONAQUIST: Yes. This is Jim Bonaquist on behalf of Mr.
and Mrs. Fabrizio.
CHAIRMAN KAUFMAN: Okay. And is anybody else going to
testify?
MR. BONAQUIST: Mr. Fabrizio is here, and he will testify
briefly, yes.
CHAIRMAN KAUFMAN: Has he been sworn?
(The speaker was duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: That's the cart and the horse.
Okay. Good morning.
MS. GIGUERE: Good morning. For the record, Vicki Giguere,
Collier County Code Enforcement.
CHAIRMAN KAUFMAN: Okay. I believe that you're first.
MS. GIGUERE: Okay. They are asking for the fines to be
waived today. The county doesn't have any objection to have. They
did work with us diligently to bring everything into compliance.
CHAIRMAN KAUFMAN: So right now everything is done?
MS. GIGUERE: Everything is done. All the permits have
received their certificate of completion, and all the fees have been paid.
CHAIRMAN KAUFMAN: Okay.
MR. BONAQUIST: May I ask Ms. Giguere a couple questions
while she's up there?
CHAIRMAN KAUFMAN: Sure, sure.
MR. BONAQUIST: Okay. Is it fair to state that the Fabrizios
stayed in contact with you throughout the course of this ordeal?
MS. GIGUERE: Yes, absolutely. If it wasn't them, it was you,
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October 28, 2016
yourself, so...
MR. BONAQUIST: Okay. And did you notice anything that
they did or failed to do that caused the delays that have been the
problem in this matter?
MS. GIGUERE: No. As we previously stated in the cases that
were brought before, it was some contractor issues that they were
having with these permits, which is why it delayed the finishing of
them.
MR. BONAQUIST: And is it fair to say that the problems that
have been brought before this board were really out of the Fabrizios'
hands and in the hands of the contractors whom they paid?
MS. GIGUERE: Sure, I can agree to that.
MR. BONAQUIST: Thank you.
MR. LEFEBVRE: Counsel, I could have shortened this. I make
a motion. Based on the judgment here, it sounds like you went through
plenty of pool companies. And in a few years I plan on putting a pool
in and I'm just scared on how long it's going to take and the
aggravation. So I'd like to make a motion to abate the fines.
MR. MARINO: I'll second that.
CHAIRMAN KAUFMAN: We have a motion and a second.
Any comments on the motion from the Board?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MR. MARINO: Aye.
MR. DOINO: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
MR. L'ESPERANCE: Aye.
MR. ASHTON: Aye.
CHAIRMAN KAUFMAN: Opposed?
Page 16
October 28, 2016
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Thank you, sir.
MS. GIGUERE: Thank you.
MR. BONAQUIST: Thank you very much. Appreciate it.
MR. FABRIZIO: Thank you.
MS. ADAMS: The next case is from No. 6, old business, Letter
A, motion for imposition of fines/liens, No. 1, Tab 5, Case
CESD20150017447, Daniel Herrera and Glenda Gonzalez.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Good morning.
MR. HERRERA: Good morning.
CHAIRMAN KAUFMAN: Could you pull the mic down so we
can -- there you go.
MR. HERRERA: I'm lower.
CHAIRMAN KAUFMAN: You're in my category height-wise.
Okay. It appears from the documentation that we have in front of
us that the violation has not been abated as yet.
MR. MUCHA: That is correct.
CHAIRMAN KAUFMAN: Okay. So why don't you tell us why
you're here, what you'd like to happen before the county comments on
that.
MR. HERRERA: I'm here to ask for more time.
THE COURT REPORTER: State your name, please.
MR. HERRERA: Oh, my name is Daniel Herrera.
CHAIRMAN KAUFMAN: Okay.
MR. HERRERA: I'm asking the county for more time to process
what I'm doing, working on my house.
CHAIRMAN KAUFMAN: Why don't you give us a little
background on the case for those of us who don't recall. This was a
case that goes back to January, the beginning of the year, and the
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October 28, 2016
violations were found, and an extension was granted in May on this
case, and then it looks like we're here today, so...
MR. HERRERA: Well, I've been working on the house. I've
been doing what's been called to do for the county, and I've been doing
little by little. And I'm working as much as I can to finish what I'm
doing, but I just need more time to finish what I'm doing.
I'm doing the structure, I'm doing the house outside, and I -- just
taking too much time. I mean, I work, and it's kind of hard for me to
be working on the house and...
CHAIRMAN KAUFMAN: Originally this was, what, a new
house going in?
MR. HERRERA: No. It was, like, a rebuilt house, you know. It
was not new.
CHAIRMAN KAUFMAN: And you're redoing the house?
MR. HERRERA: Yeah, little by little I've been doing.
CHAIRMAN KAUFMAN: And you have permits for everything
you're doing?
MR. HERRERA: Yes, sir.
CHAIRMAN KAUFMAN: Okay. Why don't we hear from the
county.
MR. MUCHA: I have a photograph if you'd like to see what it
looks like.
CHAIRMAN KAUFMAN: Has the respondent seen the
photograph?
MR. MUCHA: Yes, sir.
CHAIRMAN KAUFMAN: Okay. Motion from the Board to
accept the --
MR. ASHTON: Motion to accept.
MR. DOINO: Second.
CHAIRMAN KAUFMAN: Okay. All those in favor?
MR. MARINO: Aye.
Page 18
October 28, 2016
MR. DOINO: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
MR. L'ESPERANCE: Aye.
MR. ASHTON: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. MUCHA: This was taken yesterday. As you can see, the
house, nobody's living in it. It is secure. There's a fence around the
property. There is a permit issued. Permit is valid until December of
this year. No inspections have been completed, though. And I think --
you had some information from the building official?
MR. HERRERA: Yeah. Jonathan Walsh said to -- we could go
back and do the foundation and the framing first, and then after that,
I'll go back with the county and finish what the county asked me to do.
CHAIRMAN KAUFMAN: The permit that was issued, what
does it say? It's a permit to do what?
MR. MUCHA: For basically all this remodel.
CHAIRMAN KAUFMAN: Okay. So there's -- is it a roof? Is it
electrical? Plumbing?
MR. MUCHA: Yes.
CHAIRMAN KAUFMAN: Or everything?
MR. MUCHA: Everything.
CHAIRMAN KAUFMAN: Okay. So since January 16th, there
hasn't been any inspections?
MR. MUCHA: It took a while to get the permit issued. The
permit wasn't issued until June.
CHAIRMAN KAUFMAN: Okay.
MR. MUCHA: Then I think they had this hang-up with the
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October 28, 2016
foundation; is that correct?
MR. HERRERA: Yes, sir.
MR. MUCHA: So now I think they got their, kind of, marching
orders of what they need to do to finish the foundation, and then they
can move forward, hopefully, with everything else, and it hopefully
will be a smooth process from there.
CHAIRMAN KAUFMAN: Okay. You're aware that your
building permit runs out in December?
MR. HERRERA: Yeah, in December; 31st, right?
MR. MUCHA: Actually, December 6th.
MR. HERRERA: December 6th.
CHAIRMAN KAUFMAN: What happens then?
MR. HERRERA: Well, I just need more time.
CHAIRMAN KAUFMAN: If you have an inspection, that
generally gives you six months.
MR. MUCHA: And inspection will give it another six months.
CHAIRMAN KAUFMAN: Right.
MR. HERRERA: I should have enough time, hopefully, with
that.
CHAIRMAN KAUFMAN: Okay. Comments from the Board?
MR. LEFEBVRE: How big of a house is this?
MR. HERRERA: Three bedroom.
CHAIRMAN KAUFMAN: How many square feet?
MR. HERRERA: Really, I don't know, sir. I think it's 60 by --
60 by 120 or something like that. I'm not sure.
MR. LEFEBVRE: Are we looking at the right house?
MR. HERRERA: Maybe -- I'm not sure how big it is.
MR. LEFEBVRE: That's --
CHAIRMAN KAUFMAN: Not 60, okay.
MR. LEFEBVRE: I'm just trying to get a gauge in how long it's
going to take to finish it.
Page 20
October 28, 2016
CHAIRMAN KAUFMAN: Well, it depends how much is done.
I understand that you haven't called in any permits yet. You've got the
foundation problem resolved, and now you're going to be working on
-- is the plumbing roughed in?
MR. HERRERA: Yeah, a little bit; not all the way complete, but
it's there.
CHAIRMAN KAUFMAN: Okay. And the electrical?
MR. HERRERA: Yeah, it's done.
CHAIRMAN KAUFMAN: That's done.
MR. HERRERA: Yeah.
CHAIRMAN KAUFMAN: You're doing this owner/builder,
right?
MR. HERRERA: I need to drywall, I need the insulation, and a
few things that I need there still to go on.
CHAIRMAN KAUFMAN: We probably asked this before, but
I'll ask it again. Approximately how much time do you think you'd
need to start getting your inspections; plumbing, electrical?
MR. HERRERA: Maybe a week or two, it should be complete, I
think so.
CHAIRMAN KAUFMAN: So if we were to grant you an
extension of, I don't know, three months, 90 days, that would get you
on the wagon to get it done. I don't think you'll be finished in 90 days,
but we'd have a progress report at that time.
MR. LEFEBVRE: I make a motion to continue for 120 days.
MR. L'ESPERANCE: I'll second that.
CHAIRMAN KAUFMAN: Okay. We have a motion and a
second to grant -- an extension or a continuance?
MR. LEFEBVRE: Continuance.
CHAIRMAN KAUFMAN: -- a continuance for 120 days; four
months. Let's see. This is October.
MS. NICOLA: February 25th.
Page 21
October 28, 2016
CHAIRMAN KAUFMAN: Right. So at that time -- prior to that
time you need to have at least one inspection done. One inspection
will give an additional six months on your building permit.
MR. HERRERA: Okay.
CHAIRMAN KAUFMAN: Okay. And hopefully in 120 days,
you might have the whole house done.
MR. HERRERA: Hopefully. All right. Thank you, guys.
CHAIRMAN KAUFMAN: Hold on. We have to vote on it.
Okay. All those in favor?
MR. MARINO: Aye.
MR. DOINO: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
MR. L'ESPERANCE: Aye.
MR. ASHTON: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Carries unanimously.
Thank you.
MR. LEFEBVRE: He has to have another inspection prior to the
expiration --
CHAIRMAN KAUFMAN: That's correct.
MR. LEFEBVRE: -- of the permit, which December 6th.
CHAIRMAN KAUFMAN: That's correct.
MR. LEFEBVRE: So two separate things that we -- the permit is
separate from what we just voted on; do you understand?
MR. HERRERA: Okay.
CHAIRMAN KAUFMAN: When you do an inspection, it's
automatic you'll get another six months' extension for the county's
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October 28, 2016
permit.
MR. HERRERA: Okay.
CHAIRMAN KAUFMAN: That's got nothing to do with what
we just voted on. Okay.
MR. HERRERA: Okay.
CHAIRMAN KAUFMAN: We won't annoy you for four
months.
MR. HERRERA: Okay. All right. Thank you, guys.
CHAIRMAN KAUFMAN: Thank you.
MS. ADAMS: The next case is No. 2, Tab 6, Case
CELU20150022253, La Soriana, Incorporated.
(The speakers were duly sworn and indicated in the affirmative.)
MR. ESQUIVEL: David Esquivel.
CHAIRMAN KAUFMAN: Good morning.
MR. LOPEZ-SILVERO: Good morning.
CHAIRMAN KAUFMAN: Have we sworn -- everybody's sworn
in. Okay.
Why don't we start with, you're here at -- we're at the imposition
of fines, so I assume that you're here to request something.
MR. ESQUIVEL: Fines for what?
CHAIRMAN KAUFMAN: For the violation that was sent to
you.
MR. ESQUIVEL: Oh.
CHAIRMAN KAUFMAN: Using vacant lot as overflow parking
without an approved plan.
MR. ESQUIVEL: Okay.
CHAIRMAN KAUFMAN: You understand?
MR. ESQUIVEL: Now I understand.
CHAIRMAN KAUFMAN: Okay.
MR. ESQUIVEL: We were waiting for the permit. I got the
permit, and we're almost done with the job. It's a little commercial
Page 23
October 28, 2016
site. And I -- it was four or five -- around four permits, and we're
almost complete with it, so, yeah.
MR. LEFEBVRE: It says that the SDPA was rejected.
MR. ESQUIVEL: No. I got all that here.
MR. LOPEZ-SILVERO: If I can add.
MR. LEFEBVRE: Please do.
MR. LOPEZ-SILVERO: For the record, Steven Lopez-Silvero,
Collier County Code Enforcement.
There was two parts. This case initially came before you on a
stipulated agreement. There was two parts to this agreement. The first
part was for a ceasing and desisting the use -- the unapproved use for
overflow parking, which the respondent did, and then the second part
of the order was to -- if he were to continue the overflow parking, he
would need an approved amendment to his Site Development Plan,
which he has. It's approved, and as well as any permits, inspections,
and certificates.
He does -- he has obtained two permits, building permits for the
site, and he's just pending completion of inspections -- it's already
commenced -- and a CO. So we're most of the way there.
CHAIRMAN KAUFMAN: Okay. You think in 30 days it will
be done?
MR. LOPEZ-SILVERO: I believe he may want to request more
time, because he's going to get more permits to complete the project all
at once.
CHAIRMAN KAUFMAN: Could you give us a quickie
summary of exactly what's going on there?
MR. LOPEZ-SILVERO: It's an unimproved commercial
property being used for overflow parking for his business, the
respondent's business directly across the street.
MR. LEFEBVRE: It's a restaurant, right?
MR. LOPEZ-SILVERO: It's a combination of restaurant, market,
Page 24
October 28, 2016
and flea market, and then the overflow parking is directly across the
street.
MR. LEFEBVRE: Right. I vaguely remember this case.
CHAIRMAN KAUFMAN: Okay. And so the progress that's
been made on this, he stopped using the parking lot for the overflow
parking, so that's why it was partially abated; is that correct?
MR. LOPEZ-SILVERO: Yes, sir.
CHAIRMAN KAUFMAN: Okay. And what's left is he has a
permit to do what now?
MR. LOPEZ-SILVERO: He's got two active permits; one for a
right-of-way for his driveway, legal access into the overflow parking,
which he's going to put down asphalt.
CHAIRMAN KAUFMAN: Okay.
MR. LOPEZ-SILVERO: And then the second is for a block wall
because he needs a buffer because it's in a residential area.
CHAIRMAN KAUFMAN: Okay. I think I understand it better
now, along with the Board.
And you have the permits. The permits have been approved. All
that's left to do now is to finish the work; is that correct?
MR. ESQUIVEL: Correct.
CHAIRMAN KAUFMAN: You have to pave it, put the wall up?
MR. ESQUIVEL: It's all been done.
CHAIRMAN KAUFMAN: It's been done?
MR. ESQUIVEL: Most of it.
CHAIRMAN KAUFMAN: Okay. So when I -- do you think 30
days would be sufficient time to get the permit approved, CO'ed?
MR. ESQUIVEL: No. This is a permit. I have a permit. I have
up to a year to complete it, and I have until July 29th.
CHAIRMAN KAUFMAN: You have -- that's the permit.
MR. ESQUIVEL: Yes. I've got three permits right here.
CHAIRMAN KAUFMAN: But the violation -- we're here to
Page 25
October 28, 2016
vote whether we should fine you or not for the violation.
MR. ESQUIVEL: But we haven't been parking -- nobody's been
parking there.
CHAIRMAN KAUFMAN: I understand that. We're trying to
resolve the situation of this violation. I understand that you're working
on it. If you get that all done, then we don't have an issue and you
could ask for an abatement of the fines.
MR. ESQUIVEL: Okay.
CHAIRMAN KAUFMAN: Okay. So now, let me ask it again.
When do you think you'll be done where they can -- having the permit
is not done until it's CO'ed, till it's completed.
MR. ESQUIVEL: Ninety days.
CHAIRMAN KAUFMAN: Ninety days? You said most of the
work has been done?
MR. ESQUIVEL: Yes.
CHAIRMAN KAUFMAN: Okay. Comments from the Board?
MR. LAVINSKI: I guess I don't understand. If this violation was
just for using the lot and he stopped using the lot --
MR. LOPEZ-SILVERO: Correct.
MR. LAVINSKI: -- shouldn't that be the end of the violation?
MR. LOPEZ-SILVERO: Partially. The first part was to
immediately cease and desist the use of the -- unapproved use of the
overflow parking lot --
MR. LAVINSKI: Right.
MR. LOPEZ-SILVERO: -- so it was just an unimproved lot, no
structures. But he was illegally -- or the clients of his establishment
were illegally parking across the street in the lot. So it's considered a
land use issue. So that's why the first part of the order was written the
way it was.
And then the second part was, if he were to continue the overflow
parking, he would need approval from the county, and that's where he's
Page 26
October 28, 2016
at now.
CHAIRMAN KAUFMAN: And to get the approval from the
county, it needed to be paved and a wall put around there, or buffer of
some sort, to the neighbors?
MR. LOPEZ-SILVERO: Exactly. It would be an amendment to
the plan, any permits, inspections, CO's.
CHAIRMAN KAUFMAN: Okay. Any other comments from
the Board?
MR. LEFEBVRE: Make a motion to grant a 90-day continuance.
CHAIRMAN KAUFMAN: Okay.
MR. DOINO: Second.
CHAIRMAN KAUFMAN: We have a motion and a second to
grant a 90-day continuance. Any comment on the motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MR. MARINO: Aye.
MR. DOINO: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
MR. L'ESPERANCE: Aye.
MR. ASHTON: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Let me explain. So you asked for 90 days --
MR. ESQUIVEL: Yes, sir.
CHAIRMAN KAUFMAN: -- to finish all the work that you're
doing.
MR. ESQUIVEL: Yes, sir.
CHAIRMAN KAUFMAN: And hopefully in 90 days it will all
Page 27
October 28, 2016
be done, and at that particular time you should probably come back
and maybe request an abatement of the fines, because the fines right
now continue to add up until it's done.
MR. ESQUIVEL: Okay. Say, for instance, I finish the CO in a
couple weeks, can I show to him so I don't have to come back over
here?
CHAIRMAN KAUFMAN: We still have to dispose of this case.
MR. ESQUIVEL: Okay.
O ay.
MR. LEFEBVRE: And there's still fines attached.
CHAIRMAN KAUFMAN: And there are fines attached to it that
you probably want to go away.
MR. ESQUIVEL: Correct.
CHAIRMAN KAUFMAN: Okay.
MR. ESQUIVEL: Okay.
CHAIRMAN KAUFMAN: Okay. So I hope -- I explained it. If
I didn't do a good job of it, I'm sure you'll be able to explain it better
than I can.
MR. ESQUIVEL: Yes, sir.
CHAIRMAN KAUFMAN: Okay. Thank you.
MR. ESQUIVEL: Thank you, sir. Have a good weekend.
CHAIRMAN KAUFMAN: You, too.
MS. ADAMS: The next case is No. 3, Tab 7, Case
CESD20150003265, William T. Cabal.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Good morning.
MR. CABAL: Good morning.
CHAIRMAN KAUFMAN: I see that from our revised case
statement that the violation has been abated as of October 25th, and
you're before us now to request...
MR. CABAL: To waive any fines that I have because of the
issues on my house.
Page 28
October 28, 2016
CHAIRMAN KAUFMAN: Okay. The fines are quite extensive,
I see, probably because this goes back to June of 2015. Description of
the violation was unpermitted structures and exterior lighting in the
rear of the yard, and the fines have accrued to the total of$75,813.
Okay.
So from the county's perspective?
MS. GIGUERE: For the record, Vicki Giguere, Collier County
Code Enforcement.
Mr. Cabal has worked with us diligently to bring everything into
compliance. He originally had put up a carport-type structure without
a permit, went and worked with himself, with an engineer, whatever he
could do. He had to actually dismantle it and rebuild it again with his
permit, and so that came into compliance.
He also obtained the permit for the electrical items that he had out
on the property, poles; he had some lights on the trees. So that's all
permitted now.
He was dealing also with some life-threatening medical issues at
one point, so that's why the case took a little longer than expected, and
he was granted some continuances previously.
But he has kept in touch with us, his daughter as well calls me on
a regular basis to keep me updated with all the work that he was (sic)
done, and he, thankfully, passed the last inspection he needed a few
days ago.
CHAIRMAN KAUFMAN: Okay. Do we have any comments
from the Board?
MR. LEFEBVRE: Make a motion to abate.
MR. MARINO: Second.
MS. ELROD: Second.
CHAIRMAN KAUFMAN: We have a motion and a second to
abate the fines. Any discussion on the motion?
(No response.)
Page 29
October 28, 2016
CHAIRMAN KAUFMAN: All those in favor?
MR. MARINO: Aye.
MR. DOINO: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
MR. L'ESPERANCE: Aye.
MR. ASHTON: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MS. GIGUERE: Thank you.
MR. CABAL: Thank you.
CHAIRMAN KAUFMAN: Enjoy your rear lighting or whatever,
and everything is fine.
MR. CABAL: Carport, carport. Thank you very much. Okay,
bye-bye.
MS. ADAMS: The next case is No. 7, Tab 11, Case
CESD20150024052, K&R Home Tech, LLC.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Could you state your name on the
mike?
MS. ROJAS: It's Maria Rojas.
CHAIRMAN KAUFMAN: Okay. And I have the -- the
violation has been abated as of September 29th, and we have accrued a
considerable amount of fines on the property. So why don't you let us
know what you are looking to do.
MS. ROJAS: We are here to -- when we purchased the property,
we knew that there were some violations because the bank make us
sign to take care of those violations.
And when we got the key, there were -- we didn't see the property
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October 28, 2016
because there were owner living in there. So I think when the people
-- when we able to get in, nobody was living, but there were a lot of--
they destroyed a little part on the inside.
So when we opened to clean it up, there were part of the wall that
were down, they were bare with --
CHAIRMAN KAUFMAN: Studs.
MS. ROJAS: So that's where the Code Enforcement came in.
But we never intend to do ourself. We worked with a contractor in
those properties, so they took care of everything they did right away.
We've been in touch with Vicki. She was really work with us, and
everything went, you know, as a plan. We got the plan, we got the
inspection, and we got a certificate of completion in there.
CHAIRMAN KAUFMAN: So let me steer you down the road.
So you're here to request that the Board...
MS. ROJAS: Yes.
CHAIRMAN KAUFMAN: Not yes. The Board does what?
MS. ROJAS: To void the fines.
CHAIRMAN KAUFMAN: Ah, okay, good. Okay. Now we
know.
And the county has any problem with that?
MS. GIGUERE: No, the county does not have any objection to
that.
CHAIRMAN KAUFMAN: Okay. Any comments from the
Board?
MR. ASHTON: Make a motion to abate.
MR. MARINO: Second.
CHAIRMAN KAUFMAN: We have a motion and a second to
abate. Any comment on the motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MR. MARINO: Aye.
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October 28, 2016
MR. DOINO: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
MR. L'ESPERANCE: Aye.
MR. ASHTON: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MS. GIGUERE: Thank you.
MS. ROJAS: Thank you.
CHAIRMAN KAUFMAN: Very good. Enjoy.
MS. ADAMS: The next case is No. 9, Tab 13, Case
CESD20150015459, Frances Poole.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Good morning.
MS. STUCKY: Good morning.
MR. FORD: Good morning.
CHAIRMAN KAUFMAN: Okay. This one is a little bit
different than the past one because, unless there's another sheet on it, I
see that the violation has not yet been abated; is that correct?
MR. FORD: Correct.
CHAIRMAN KAUFMAN: Okay. And you are here today to...
MS. STUCKY: I'm Deborah Stucky representing my mother,
Frances Poole, and we would like to abate any fines.
CHAIRMAN KAUFMAN: Let me just stop you right there. We
can't abate a fine when the violation still exists and, according to the
paperwork that's in front of me, the violation still exists.
MS. STUCKY: Okay. I dropped all of the paperwork off a week
and a half ago to Evy, so as far as I know, he has everything that he
needs to get the permit completed.
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October 28, 2016
MR. FORD: For the record, Arthur Ford, Collier County Code
Enforcement. As of the 26th, Wednesday, that permit, the permit by
affidavit, is still under review.
MS. STUCKY: It is?
MR. FORD: Yes. It has not been inspected or CO'ed.
CHAIRMAN KAUFMAN: So what you probably need is some
more time for them to continue reviewing or complete the review and
get them to okay the affidavit, and then the violation will be abated,
and at that time we have the ability to adjust the fine.
MS. STUCKY: Okay.
MR. LEFEBVRE: Does the property still have to be inspected?
MR. FORD: I believe so.
MR. LEFEBVRE: Okay. So you still need inspections.
MS. STUCKY: A final inspection, yes.
MR. LEFEBVRE: Okay.
MS. STUCKY: Yes, sir.
MR. LEFEBVRE: I just want to be clear on that.
CHAIRMAN KAUFMAN: Okay. So since everything has been
dropped off, we're now at the point of how much time do we believe it
will take for the county to finish its review and then for an inspection
to occur and hopefully pass going forward. So anybody want to take a
guess? It's like Las Vegas here.
MR. LEFEBVRE: If we do 30 days, it may be too short, and 60
days, we won't have a meeting in December, so...
CHAIRMAN KAUFMAN: You want to put it till the January
meeting?
MR. LEFEBVRE: Yep. Make a motion to continue for 90 days.
MR. MARINO: Second.
CHAIRMAN KAUFMAN: We have a motion and a second to
continue this for 90 days.
So you can get all of those other things done during the holidays
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October 28, 2016
or whatever and hopefully get the CO, and then this "has not been
abated" will be changed to "has been abated," and at that time come
back, and we can resolve this situation, okay.
All those in favor?
MR. MARINO: Aye.
MR. DOINO: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
MR. L'ESPERANCE: Aye.
MR. ASHTON: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Thank you.
MS. STUCKY: Thank you.
CHAIRMAN KAUFMAN: Thank you.
MS. ADAMS: The next case is No. 11, Tab 15, Case
CEROW20150019121, O'Connell J. Benjamin and Daughn M.
Benjamin.
MR. AOS: Good morning.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Good morning. Could you state
your name on the microphone.
MR. AOS: My name's Joe Marmalaos (phonetic) on
behalf of Benjamin O'Connell.
CHAIRMAN KAUFMAN: And do you have authorization to
speak in his behalf?
MR. MARMALAO S: I do.
CHAIRMAN KAUFMAN: Okay. We'll take that --
MS. ADAMS: You should have something in front of you giving
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October 28, 2016
him authorization. It should be probably with the papers that were left
at your desk this morning.
CHAIRMAN KAUFMAN: Ah. Got it, okay. The second page.
Okay.
And according to the revised copy, that the violation has been
abated, and you are here to request.
MR. AOS: An abatement on the fines.
CHAIRMAN KAUFMAN: Okay. So this was really a relatively
short period of time between September and October. So any
comments from the Board? Any comments from the county to begin
with?
MR. MUCHA: Thank you.
MR. MARINO: Thank you.
MR. MUCHA: Jonathan Musse, Collier County Code
Enforcement.
CHAIRMAN KAUFMAN: Okay. Any comments from the
Board?
(No response.)
CHAIRMAN KAUFMAN: Any motions from the Board?
MR. ASHTON: Motion to abate.
MR. MARINO: Second.
CHAIRMAN KAUFMAN: We have a motion and a second to
abate. Any discussion on the motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MR. MARINO: Aye.
MR. DOINO: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
MR. L'ESPERANCE: Aye.
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October 28, 2016
MR. ASHTON: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Thank you.
MR. AOS: Thank you. Have a nice weekend.
MS. ADAMS: The next case is No. 12, Tab 16, Case
CESD20150015096, UV Cite, LLC.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Okay. This case, according to the
documentation that I have, has not been abated as of October 28th.
And you are here to request...
MR. ARAUJO: Well, this is everything. We have complied with
everything. I have pictures; I have everything. What happened is that
since we're based in Miami, we can't find somebody here that can --
well, we found somebody, but it's so hard, so he never picked up the
permit, so now I have to go and pick up the permit. I have a notarized
paper that is authorizing me to pick up my permit so I can call for
mechanical, because we've complied. We have everything done that
we needed to do. The thing that we need to do is call mechanical so
they can do the inspection, then we can pass. I have picture here to
show you.
CHAIRMAN KAUFMAN: I take your word for the picture.
Art?
MR. FORD: Yeah. As of a couple days ago, the permit showed
ready for issuance, and we still haven't seen any progress to this date.
So I understand he's, you know, based out of town and whatnot,
but -- I don't know. Board's discretion.
MR. LEFEBVRE: Has the operational cost been paid?
MR. FORD: No, it has not.
MR. DOINO: The 104.
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October 28, 2016
CHAIRMAN KAUFMAN: The operational costs.
MR. ARAUJO: Was that the 104? I'm supposed to go pay 104
today, pick up the permit, and then call for a mechanical.
CHAIRMAN KAUFMAN: No, no. Let me separate --
MR. ARAUJO: Sure.
CHAIRMAN KAUFMAN: The permitting --
MR. ARAUJO: Okay.
CHAIRMAN KAUFMAN: -- that's the building department.
That's that.
MR. ARAUJO: Okay.
CHAIRMAN KAUFMAN: Because it wasn't permitted and
completed properly --
MR. ARAUJO: Okay.
CHAIRMAN KAUFMAN: -- there was a case that was opened
at Code Enforcement. That's us.
MR. ARAUJO: Okay.
CHAIRMAN KAUFMAN: Okay. So now we're at the point of
imposing the fine. And since it has not been abated, we have the
ability to impose the fine or give you more time to get everything
done.
MR. ARAUJO: Okay. Let me explain to you something. We
had hired first one company, and they did the job; however -- they
pulled out the permit, but we couldn't get ahold of them, so I had to
write a letter, send it to them -- it was a letter that it was -- oh, my God.
It was -- I forgot.
MS. ELROD: Return receipt?
MR. ARAUJO: Huh?
MS. ELROD: Return receipt?
MR. ARAUJO: Yes. But they never returned it to me, so then
that's the only way I could drop them. And then we had to get
somebody else, which is Dedicated Cooling, but we just --
Page 37
October 28, 2016
CHAIRMAN KAUFMAN: So what needs to be completed right
now?
MR. ARAUJO: Now? Just pick up the permit and call for
mechanical. Once we pass, we're done.
CHAIRMAN KAUFMAN: Okay.
MR. ARAUJO: Everything will be complied.
CHAIRMAN KAUFMAN: And how long do you think that will
take?
MR. ARAUJO: No, no time because I will pick it up, and I will
call mechanical to do the inspection. About 30 days maybe. Maybe
less.
CHAIRMAN KAUFMAN: Okay, 30 days. So I don't want to
put words in your mouth, but what you're probably asking is for the
Code Enforcement Board to give you an additional 30 days to get
everything done --
MR. ARAUJO: Please.
CHAIRMAN KAUFMAN: -- and completed, and then this "has
not been abated" writing will be changed to "has been abated." At that
time you can come back here and ask the Board for a reduction in the
fine or to abate the fine or whatever, okay. So that's the position we're
at now, should we grant a continuance on this case.
MR. LEFEBVRE: Well, the other issue that's at hand is the
operational --
CHAIRMAN KAUFMAN: Yeah. Part two. The operational
costs, which are $66.69 plus the $62.31 for today need to be paid
today.
MR. ARAUJO: Sure, I can pay that.
CHAIRMAN KAUFMAN: Okay. You have the ability to pay
that today?
MR. ARAUJO: Sure, of course.
CHAIRMAN KAUFMAN: Since the orders don't get issued
Page 38
October 28, 2016
until -- they don't get signed until such time that they're written up,
which probably would be next week on Monday --
MS. NICOLA: Not Monday.
CHAIRMAN KAUFMAN: -- we would know whether or not
they were paid, so...
MS. NICOLA: They won't be done on Monday, Bob. They'll
probably be done, like, Wednesday of next week. I'm in court Monday.
So probably around the middle of next week the orders will be done.
CHAIRMAN KAUFMAN: The point I'm trying to make is, we
want to ensure that the operational costs will be paid before we
actually grant an extension of time, should the Board decide that.
Okay.
So does anybody have a problem with doing that at this point?
(No response.)
CHAIRMAN KAUFMAN: He's from Miami, and I just think it's
an overburden to bring him back again, et cetera, when we could really
issue that now. And we'll find out whether or not the operational costs
are paid or not.
Comments from the Board?
MR. LAVINSKI: I think more attention should have been paid to
this whether I live in Naples or East Overshoe. I'll make a motion to
impose the fine.
CHAIRMAN KAUFMAN: Okay. We have a motion. Do we
have a second?
(No response.)
CHAIRMAN KAUFMAN: Okay. We don't have a second.
Okay.
MR. LEFEBVRE: I make a motion that we grant 30 days with
the understanding that operational costs in the amount of 66.69 and
62.31 for today's hearing be paid today. And being that it's an air
conditioner, I think a fine of$3,200 at this point would be excessive.
Page 39
October 28, 2016
MR. DOINO: I'll second that.
MR. LEFEBVRE: And it would be a continuance.
CHAIRMAN KAUFMAN: Okay. Any discussion on the
motion?
(No response.)
CHAIRMAN KAUFMAN: Okay. All those in favor?
MR. MARINO: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
MR. L'ESPERANCE: Aye.
MR. ASHTON: Aye.
CHAIRMAN KAUFMAN: Opposed?
MR. LAVINSKI: No.
CHAIRMAN KAUFMAN: Okay. 6-1, I think, if I counted right.
THE COURT REPORTER: What is your name?
MR. ARAUJO: Robert Araujo, A-r-a-u-j-o.
CHAIRMAN KAUFMAN: Okay. So let me explain.
MR. ARAUJO: Sure.
CHAIRMAN KAUFMAN: You're going to take care of the two
dollar numbers today.
MR. ARAUJO: Right now.
CHAIRMAN KAUFMAN: Okay. We'll know that before the
order's assigned. So you have an additional 30 days to do whatever
you need to do to get it CO'ed, and at that time you should probably
come back if you want to request an abatement of the fines, because
they continue to go on until "has not been abated" is changed to "has
been abated," okay.
MR. ARAUJO: Okay.
CHAIRMAN KAUFMAN: Okay, great.
MR. ARAUJO: Will do that. Can I bring you back the receipt? I
Page 40
October 28, 2016
can pay right now and show it to you. I don't have a problem doing
that.
CHAIRMAN KAUFMAN: I'm sure that it will work out.
MR. LEFEBVRE: Unfortunately, you're the last one, and we will
be out of here by the time you come back.
MR. ARAUJO: Okay. Perfect. But I'll do it. Thank you. I really
MR. LEFEBVRE: Have a great day.
MS. ADAMS: The next -- I'm sorry.
MS. NICOLA: Where does he go to pay?
MS. ADAMS: At our office on Horseshoe.
MR. ARAUJO: 2800 Horseshoe, all right. Thank you, guys.
MS. ADAMS: Thank you.
MS. NICOLA: That's a question I don't know the answer to.
Now Ido.
MS. ADAMS: Okay. The next item is No. 7, new business, the
2017 hearing schedule. You all should have a copy of the schedule for
next year in front of you. There were five months in which the fourth
Thursday was not -- this room was not available. So we can either
have those hearings on a Friday as it's written on the schedule in front
of you, or we can have it on a Thursday at the Growth Management
building. So it's up to the Board.
CHAIRMAN KAUFMAN: I have spoken to several of the
members. Unless there's somebody who has this burning desire to
meet at Horseshoe -- is there anybody here -- we'll probably go with
the Friday meetings.
MS. ADAMS: Okay.
CHAIRMAN KAUFMAN: Okay.
MS. NICOLA: I'm just going to throw it out there. I'm going to
tell the Board right now that I cannot be at the January meeting. I am
out of town at the family law seminar. It's been planned, bought, and
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October 28, 2016
paid for. And I think I told Kerry, Fridays are very, very difficult for
me. That -- I do have an associate, but I would have to get her up to
speed to be able to come to maybe some of these meetings. And I
don't know under my contract with the county whether that's an
acceptable alternative.
I guess maybe it would be a good idea to have an alternate
attorney be available in the event that I'm not, because -- and, actually,
that particular date, I don't know what we can do with it because she's
with me.
MS. ADAMS: Well, I mean, we could have it at the Growth
Management building that month. Are you available the Thursday
before? Because that was the only date --
MS. NICOLA: Would that be January the 26th?
MS. ADAMS: Yes.
MS. NICOLA: I am not.
CHAIRMAN KAUFMAN: Well, we have until January to
resolve --
MS. NICOLA: It's Thursday through Sunday.
CHAIRMAN KAUFMAN: -- up until January to resolve it.
MS. ADAMS: Those were the only two days that were available
-- well, actually, Thursday was not available for this room. Friday was
the only day I could get in January for this room.
MR. LEFEBVRE: Could we do it the week before?
MS. NICOLA: I'm fine with the week before. That is --
MS. ADAMS: I'll have to check to see if the room's available. I
don't know. I'll look into it.
CHAIRMAN KAUFMAN: We have two minutes to finish in
world-record time.
MS. ADAMS: Tami, if you can just let me know what days you
are available.
MS. NICOLA: Okay. That's my only problem in January is that
Page 42
October 28, 2016
Thursday through Sunday. So if there's a way to -- even if we moved
it to Wednesday would be fine, but I know Thursday and Friday are
not.
MS. ADAMS: Okay.
MR. ASHTON: We can check into it. And then our next
meeting we'll decide.
MS. ADAMS: Yeah. We'll bring it up at the next meeting.
MS. NICOLA: That sounds great. Thank you.
MR. LEFEBVRE: And the other Fridays, you said Friday's are
difficult overall or --
MS. NICOLA: Fridays are difficult for me overall. And one of
the reasons is, is that when we get out of here, one of the things that I
like to do is get the orders drafted, and it's just -- it's almost impossible
for me on a Friday. So it bumps us well into the next week to get the
orders drafted and done. And when we meet on a Thursday, it gives
me a lot more time to get them done, and I usually have them done by
Friday within a day turnaround, which I think is helpful. I mean, that's
my biggest issue with Friday, really.
MS. ADAMS: Yeah. I've tried to get Thursdays but,
unfortunately, someone else has already claimed it, so...
CHAIRMAN KAUFMAN: Well, I'm available almost -- how
about we do it 10 o'clock at night? I mean, is there any -- I use that as a
-- I'm kidding, but is -- if it's not available in the morning, maybe the
room is available in the afternoon.
MR. LEFEBVRE: Depending on who it is. If it's the Planning
Commission, it could be all day.
MS. ADAMS: Yeah. It depends on how -- if they reserved the
room for the whole day.
CHAIRMAN KAUFMAN: Well, you find out who reserved it
and see, you know -- it could be a short meeting that occurs on that
day, and we could come in here -- as a matter of fact, I wanted to
Page 43
October 28, 2016
remind everybody our next meeting is at --
MS. NICOLA: It's a 9:30.
CHAIRMAN KAUFMAN: Listen up. Our next meeting is at
9:30. I want you to know that. Okay.
MS. NICOLA: And I was going to throw this out there. I mean,
the next meeting was due to a scheduling conflict with my office,
which I don't have anymore, but you probably have all the notices sent
out and everything for the next meeting. Because it was -- long story
short, there was no way that I could be at a 9 o'clock meeting for
November, and it has miraculously disappeared, so now I don't have
the conflict.
MS. ADAMS: We haven't sent out any notices for November
yet. So if you want to change it back to 9 o'clock, we can do that.
CHAIRMAN KAUFMAN: Why not?
MS. NICOLA: That's fine with me. And I apologize, you know
MS. ADAMS: That's fine.
MS. NICOLA: -- sometimes things happen and then --
MR. ASHTON: Back to 9 o'clock?
MS. NICOLA: -- then they're fine.
MS. ADAMS: Nine o'clock for November 18th.
CHAIRMAN KAUFMAN: So forget what I told you about 9:30.
MR. MARINO: When's the next meeting? What day?
CHAIRMAN KAUFMAN: Nine o'clock.
MR. MARINO: What day?
MR. L'ESPERANCE: Eighteen.
MR. ASHTON: November 18th.
MS. ADAMS: And that is a Friday.
CHAIRMAN KAUFMAN: Okay. Any other business?
MR. LEFEBVRE: Motion to adjourn.
MS. ELROD: Second.
Page 44
October 28, 2016
MR. LEFEBVRE: Motion to adjourn.
MS. ELROD: Second.
CHAIRMAN KAUFMAN: We are adjourned.
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 10:02 a.m.
CODE ENFORCEMENT BOARD
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4400,01P
4.1
R w BERT KA 611# N, CHAIRMAN
These minutes approved by the Board on // //& //4
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as presented or as corrected
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