CEB Minutes 11/18/2016 November 18, 2016
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY CODE ENFORCEMENT BOARD
Naples, Florida, November 18, 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
Gerald J. Lefebvre
James Lavinski
Lionel L'Esperance
Tony Marino
Sue Curley (Alternate)
Kathleen Elrod (Excused)
ALSO PRESENT:
Tamara Lynne Nicola, Attorney to the Board
Kerry Adams, Code Enforcement
Jeff Letourneau, Code Enforcement
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CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA
AGENDA
Date: November 18,2016 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(Excused)
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES
A. October 28,2016 Hearing
5. PUBLIC HEARINGS/MOTIONS
A.Motions
Motion for Continuance
1
Motion for Extension of Time
B. Stipulations
C. Hearings
1. CASE NO: CEAU20160014024
OWNER: K&R HOMETECH LLC
OFFICER: INVESTIGATOR JAMES KINCAID
VIOLATIONS: FLORIDA BUILDING CODE 5TH EDITION(2014),BUILDING,CHAPTER 1, SECTION 105
PERMITS, 105.1 REQUIRED AND THE COLLIER COUNTY LAND DEVELOPMENT CODE,
ORDINANCE 04-41,AS AMENDED, SECTION 5.03.02(F)(5)(b).UNPERMITTED FENCE
CONSISTING OF POSTS AND BARBED WIRE ON VACANT RESIDENTIAL PROPERTY.
FOLIO NO: 35988520004
VIOLATION
ADDRESS: 2654 47TH TER SW,NAPLES
2. CASE NO: CESD20160011175
OWNER: MARIA 0 JIMENEZ
OFFICER: INVESTIGATOR JONATHAN MUSSE
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).PERMITTED LANAI WITH SLAB AND TRUSSES THAT
WAS CONVERTED INTO LIVING SPACE WITHOUT FIRST OBTAINING A VALID COLLIER
COUNTY PERMIT.
FOLIO NO: 62262720001
VIOLATION
ADDRESS: 5326 TRAMMELL ST,NAPLES
3. CASE NO: CESD20160008108
OWNER: 212 NEW MARKET ROAD LLC
OFFICER: INVESTIGATOR JUAN SERNA HERRERA
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(a). INSTALLED A BIG WALK IN COOLER WITHOUT FIRST OBTAINING
COLLIER COUNTY BUILDING PERMITS.
FOLIO NO: 63861960009
VIOLATION
ADDRESS: 212 NEW MARKET ROAD W,IMMOKALEE
2
4. CASE NO: CESD20160006608
OWNER: ROSELENE ELOI
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(e)(i)AND 10.02.06(B)(1)(a). CAR LIFT INSTALLED IN THE REAR OF THE
PROPERTY WITHOUT FIRST OBTAINING A VALID COLLIER COUNTY PERMIT.
FOLIO NO: 62205600007
VIOLATION
ADDRESS: 5361 HOLLAND ST,NAPLES
5. CASE NO: CEAU20160014478
OWNER: SABEL KEY SOUTHWEST LLC
OFFICER: INVESTIGATOR JAMES KINCAID
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
5.03.02(F)(5)(b).FENCE ON EXTERIOR OF PROPERTY NEXT TO RECREATION LANE IN
STATE OF DISREPAIR.
FOLIO NO: 296240001
VIOLATION
ADDRESS: 1600 WELLESLEY,NAPLES
D. Motion for Reduction of Fines/Lien.
6. OLD BUSINESS
A. Motion for Imposition of Fines/Liens
1. CASE NO: CEOCC20160012333
OWNER: PEE-WEE'S DUMPSTERS
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 5.02.03(A),
5.02.03(D),5.02.03,5.02.03(F), 5.02.03(I),5.02.03(G)AND THE COLLIER COUNTY LAND
DEVELOPMENT CODE ORDINANCE 04-41,AS AMENDED, SECTION 2.02.03 AND SECTION
2.03.01(B).REPEAT VIOLATION OF PROHIBITED BUSINESS ACTIVITY TAKING PLACE ON
PROPERTY WHICH INCLUDES BUT NOT LIMITED TO:DELIVERING AND REMOVING
DUMPSTERS. EXCESSIVE NOISE.REPEAT VIOLATION OF DUMPSTERS ON PROPERTY.
FOLIO NO: 38280090006
VIOLATION
ADDRESS: 721 LOGAN BLVD S,NAPLES
2. CASE NO: CESD20120013716
OWNER: BRANISLAVA CIRAKOVIC VUKOVIC,GINA RADENKOVICH,AND ALEKSANDAR H.
RADENKOVICH
OFFICER: INVESTIGATOR JON HOAGBOON
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). OBSERVED
ALTERATIONS/IMPROVEMENTS TO STRUCTURE/PROPERTY AND NO COLLIER COUNTY
PERMITS OBTAINED
FOLIO NO: 62578800000
VIOLATION
ADDRESS: 10580 6TH ST,NAPLES
3
3. CASE NO: CESD20160000177
OWNER: MARIA TERESA PAZ
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 10.02.06
(B)(1)(A).ACCESSORY STRUCTURES BUILT PRIOR TO OBTAINING COLLIER COUNTY
BUILDING PERMITS.
FOLIO NO: 82640280004
VIOLATION
ADDRESS: 2480 ANDREW DRIVE,NAPLES
4. CASE NO: CELU20160001564
OWNER: ROBIN OKOLSKI
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTION 1.04.01(A).
OUTSIDE STORAGE OF PODS AND A DUMPSTER ON A RESIDENTIALLY ZONED
PROPERTY.
FOLIO NO: 52399800008
VIOLATION
ADDRESS: 145 CAPRI BLVD,NAPLES
5. CASE NO: CESD20150019659
OWNER: FILIPPO MASTROCOLA
OFFICER: INVESTIGATOR ART FORD
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTION
10.02.06(B)(1)(A).INTERIOR/EXTERIOR RENOVATIONS,WINDOWS,KITCHEN,
BATHROOM,PLUMBING AND ELECTRICAL WORK WITHOUT REQUIRED PERMITS,
INSPECTIONS,AND CERTIFICATE OF COMPLETION/OCCUPANCY.
FOLIO NO: 70921360008
VIOLATION
ADDRESS: 1171 RAINBOW DRIVE,NAPLES
6. CASE NO: CESD20160000728
OWNER: PEDRO A.TUR AND BEXAIDA CARRALERO
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTION 10.02.06
(B)(1)(A).PERMIT PRBD20120409082 EXPIRED WITHOUT OBTAINING CERTIFICATE OF
COMPLETION.
FOLIO NO: 54670001061
VIOLATION
ADDRESS: 271 LEAWOOD CIRCLE,NAPLES
B. Motion to Rescind Previously Issued Order
C. Motion to Amend Previously Issued Order
4
7. NEW BUSINESS
A. 2017 HEARING SCHEDULE
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- Wednesday January 25,2017
12. ADJOURN
5
November 18, 2016
CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to
call the Code 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. All parties
participating in the public hearing are asked to observe Robert's Rules
of Order and speak one at a time so that the court reporter can record
all statements being made.
Any person who decides to appeal a decision of 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. That's a long sentence. Neither Collier County
nor the Code Enforcement Board shall be responsible for providing
this record.
We're going to start with the Pledge of Allegiance, and before we
do, I have to recognize, since it was Veterans Day, we have several
veterans on the Board. We have Colonel L'Esperance, a veteran. We
have one standing over here already.
MR. MARINO: I thought you were going to do the Pledge of
Allegiance.
CHAIRMAN KAUFMAN: Mr. Lavinski and myself; we're all
veterans.
So if you'll stand for the Pledge.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN KAUFMAN: Why don't we start with the roll call.
MS. ADAMS: Mr. Robert Kaufman?
CHAIRMAN KAUFMAN: Here.
MS. ADAMS: Mr. James Lavinski?
MR. LAVINSKI: Here.
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November 18, 2016
MS. ADAMS: Mr. Gerald Lefebvre?
MR. LEFEBVRE: Here.
MS. ADAMS: Mr. Lionel L'Esperance?
MR. L'ESPERANCE: Here.
MS. ADAMS: Mr. Ronald Doino?
MR. DOINO: Here.
MS. ADAMS: Mr. Tony Marino?
MR. MARINO: Here.
MS. ADAMS: Robert Ashton?
MR. ASHTON: Here.
MS. ADAMS: Ms. Sue Curley?
MS. CURLEY: Here.
MS. ADAMS: And Ms. Kathleen Elrod has an excused absence.
CHAIRMAN KAUFMAN: Okay. And, Sue, you'll be a voting
member today.
Which brings us to -- I'm going to skip ahead to the approval of
the minutes first, and then we'll go to the agenda changes. Anybody
have any comments or changes for the minutes from the last meeting?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, can I get a motion to
approve them?
MR. ASHTON: Motion to approve.
MR. MARINO: Second.
CHAIRMAN KAUFMAN: Motion and a second. 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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November 18, 2016
MR. ASHTON: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Carries -- what'd you say? "Aye" late?
MR. LAVINSKI: Yeah.
CHAIRMAN KAUFMAN: Okay.
MR. LAVINSKI: One question, though. On your voting, if we
have seven members, then Sue won't be a voting member.
CHAIRMAN KAUFMAN: Oh, I thought since Kathy wasn't
here...
MR. LAVINSKI: We only need seven.
CHAIRMAN KAUFMAN: Oh, I guess I've got to go back to
Sesame Street.
MS. CURLEY: I'm just a visitor here.
CHAIRMAN KAUFMAN: Okay. You're right.
MR. LAVINSKI: Thank you.
CHAIRMAN KAUFMAN: I stand corrected.
Okay. So let's go back to the approval of the minutes has been
approved.
And that brings us to the changes in the agenda.
MS. ADAMS: Number 5, Public Hearings, Motions, Letter B,
Stipulations, we have two additions. The first is No. 3 from Hearings,
Tab 3, Case CESD20160008108, 212 New Market Road, LLC; the
second stipulation is No. 2 from hearings, Tab 2, Case
CEDS20160011175, Maria O. Jimenez.
Letters C, Hearings, No. 4, Tab 4, Case CESD20160006608,
Roselene Eloi, has been withdrawn.
Number 5, Tab 5, Case CEAU20160014478, Sabel Key
Southwest, LLC, has been withdrawn.
Number 6, Old Business, Letter A, Motion for Imposition of
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November 18, 2016
Fines/Liens, No. 4, Tab 9, Case CELU20160001564, Robin Okolski,
has been withdrawn.
Number 6, Tab 11, Case CESD20160000728, Pedro A. Tur and
Bexaida Carralero, has been withdrawn. And that's all the changes.
CHAIRMAN KAUFMAN: Okay.
MR. LAVINSKI: Motion to accept.
MR. LEFEBVRE: Second.
MR. DOINO: Second.
CHAIRMAN KAUFMAN: We have a motion and a second to
accept the modification of the agenda.
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.
Which brings us to the first case.
MS. ADAMS: The first case is from Letter B, Stipulations, No.
3, Tab 3, Case CESD20160008108, 212 New Market Road, LLC.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Okay. You're first. You get to read
the stipulation.
MR. HERRERA: Good morning. For the record, Collier County
Code Enforcement, Juan Serna Herrera.
The property owner agreed to a stipulation with the county.
Therefore, it is agreed between the parties that the respondent shall,
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November 18, 2016
one, pay operational costs in the amount of$65.01 incurred in the
prosecution of this case within 30 days of this hearing;
Two, abate all violations by obtaining all required Collier County
building permit or demolition permit, inspections, and certificate of
completion or occupancy within 90 days of this hearing or a fine of
$250 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 obtain the violation -- to
bring the violation into compliance and may use the assistance of the
Collier County Sheriffs Office to enforce of the provisions of this
agreement, and all cost of abatement shall be assessed to the property
owner.
CHAIRMAN KAUFMAN: Okay.
Good morning. Could you state your name on the microphone.
MR. HOWELL: I'm Cecil Howell from Immokalee.
CHAIRMAN KAUFMAN: Okay. And this is -- you are the
representative of New Market, LLC?
MR. HOWELL: Yes, sir. I'm the owner.
CHAIRMAN KAUFMAN: Okay. And you've heard the officer
read in the stipulation. Do you agree to that?
MR. HOWELL: Yes, sir, I do.
CHAIRMAN KAUFMAN: And you have enough time to get
everything done?
MR. HOWELL: Yes, sir. Ninety days should be plenty.
CHAIRMAN KAUFMAN: Okay. Any comments from the
Board?
MR. LAVINSKI: Motion to accept the stipulation as written.
MR. DOINO: Second.
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November 18, 2016
MR. MARINO: Second.
CHAIRMAN KAUFMAN: We have a motion and a second to
accept the stipulation as written. 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 very much.
MR. HOWELL: Thank you, sir.
MR. HERRERA: Thank you very much.
MS. ADAMS: The next stipulation is No. 2 from Hearings, Tab
2, Case CESD20160011175, Maria O. Jimenez.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Mr. Musse, good morning.
MR. MUSSE: Good morning.
CHAIRMAN KAUFMAN: Do you want to read the stipulation
into the record.
MR. MUSSE: For the record, Investigator Jonathan Musse,
Collier County Code Enforcement.
It is agreed between the parties that the respondent shall: Pay
operational costs in the amount of$64.59 incurred in the prosecution
of this case within 30 days of this hearing; abate all violations by
obtaining all required Collier County building permits or demolition
permit, inspections, and certificate of completion within 120 days of
this hearing, or a fine of$200 per day will be imposed until the
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November 18, 2016
violation's been abated.
Respondent must notify Code Enforcement within 24 hours of
abatement of the violation and request the investigator to perform a site
inspection to confirm compliance; that if the respondent fails to abate
the violation, the county may abate the violation using any method to
bring the violation into compliance and may use the assistance of the
Collier County Sheriffs Office to enforce the provisions of this
agreement, and all cost of abatement shall be assessed to the property
owner.
CHAIRMAN KAUFMAN: Okay. I have two questions before
we go on. Is the space occupied?
MR. MUSSE: The dwelling is occupied. As far as of the
unpermitted additions, I am not -- at the initial inspection they were
being occupied. At this time I do not -- I'm not 100 percent sure if
they're occupied at this time.
CHAIRMAN KAUFMAN: Okay. Can you tell us whether that
space is being occupied at the present. Could you give your name on
the microphone, please.
MS. CONSUELA: My name is Katty Consuela (phonetic). I'm
her daughter. The space is being dis-occupied right now.
CHAIRMAN KAUFMAN: I can't hear you.
MS. CONSUELA: The space is being dis-occupied right now.
MR. L'ESPERANCE: Would you move the microphone closer to
you.
CHAIRMAN KAUFMAN: We must have had a tall person
before you.
MS. CONSUELA: The space is dis-occupied right now.
CHAIRMAN KAUFMAN: It is occupied?
MS. CONSUELA: It's being -- the people are being -- moving
out.
CHAIRMAN KAUFMAN: Oh, they're moving out. Okay. The
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November 18, 2016
reason I asked is for safety purposes. Is there electrical that was
involved, et cetera?
MR. MUSSE: There is electrical and plumbing. I don't see -- as
of right, no -- from what I could see, I don't see any, like, health and
safety issues, but there is a lot of unpermitted additions on the
property.
CHAIRMAN KAUFMAN: Okay. You've heard the stipulation,
and do you have any questions of the county?
MR. LEFEBVRE: I have some questions. I mean, is this going
to be converted back into what the original space was, or are you going
to keep the additions?
CHAIRMAN KAUFMAN: I wanted to get finished with the
county first before we go on.
MR. LEFEBVRE: Oh, sorry. Sorry.
CHAIRMAN KAUFMAN: Okay. So that was the stipulation
that you have agreed to; is that correct?
MS. JIMENEZ: Yes.
MS. CONSUELA: Uh-huh.
CHAIRMAN KAUFMAN: And you think that the 120 days is
enough time to get everything inspected and get a CO? Tell me if you
don't understand what I'm saying.
MS. CONSUELA: No, I understand.
CHAIRMAN KAUFMAN: The CO.
MS. CONSUELA: Yes.
CHAIRMAN KAUFMAN: Okay. Now, questions from the
Board of the respondent?
MR. LEFEBVRE: Do you plan on removing the addition and
returning it back to the original?
MS. CONSUELA: Yes, demolishing it. Yes.
MR. LEFEBVRE: And you think 120 days will be enough to get
the demo permit and do the work?
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November 18, 2016
MS. CONSUELA: We have already submitted the permit.
MS. JIMENEZ: Yes.
MR. LEFEBVRE: Oh, okay. Very good.
CHAIRMAN KAUFMAN: Okay. Any other questions from the
Board?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, a motion to accept?
MR. LAVINSKI: Motion to accept the stipulation as written.
MR. MARINO: Second.
CHAIRMAN KAUFMAN: And second by Tony.
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 very much.
MS. CONSUELA: Thank you.
MR. MUSSE: Thank you.
MS. ADAMS: The next case is from Letter C, Hearings, No. 1,
Tab 1, Case CEAU20160014024, K&R Home Tech, LLC.
(The speaker was duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Mr. Kincaid, looks like you're by
yourself today.
MR. KINKAID: Yes, sir.
CHAIRMAN KAUFMAN: Okay. You want to present your
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November 18, 2016
case.
MR. KINCAID: For the record, Jim Kincaid, Collier County
Code Enforcement.
This is in reference to Case No. CEAU20160014024. It's dealing
with violations of the Florida Building Code, Fifth Edition, 2014
building, Chapter 1, Part 2, Sections 105 and 105.1, and the Collier
County Land Development Code, Ordinance 04-41, as amended,
Section 5.03.02.F.5.B.
The violation address in this case is an unpermitted fence
consisting of posts and barb wire on vacant residential property located
at 2654 47th Terrace Southwest, Florida, folio -- 34116. The Folio is
35988520004.
Service was given on October 31st, 2016.
I'd like to present case evidence in the following exhibits: Two
pictures. One picture taken on August 26th, 2016; one picture taken
on November 17th, 2016. And both of these pictures were taken by
me.
MR. LAVINSKI: Motion to accept.
CHAIRMAN KAUFMAN: We have a motion to accept.
MR. ASHTON: Second.
MR. MARINO: Second.
CHAIRMAN KAUFMAN: And a second. 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.)
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November 18, 2016
CHAIRMAN KAUFMAN: It carries unanimously.
It looks like a barb wire fence.
MR. ASHTON: A no trespassing sign.
CHAIRMAN KAUFMAN: Is that -- by the way, that fence
between two different parcels owned by two different entities?
MR. KINCAID: It's the front property line.
CHAIRMAN KAUFMAN: The front property line?
MR. KINCAID: Along the street.
CHAIRMAN KAUFMAN: Okay.
MR. KINCAID: The details of the case: On August 26th, 2016,
during a routine patrol of the area, I observed a life-safety issue of an
unpermitted fence consisting of posts and barb wire on vacant
residential property. On August 31st, 2016, applicable notice of
violation was posted at the property and courthouse.
Code Enforcement has not been contacted by the property owner,
and as of November 17th, 2016, the violation remains.
CHAIRMAN KAUFMAN: They didn't respond to any calls or...
MR. KINCAID: We were unable to locate any contact
information from the people other than it was mailed to the property
owner and the registered agent certified regular mail as well as posted.
CHAIRMAN KAUFMAN: Is this a large parcel?
MR. KINCAID: It's a standard parcel in Golden Gate City. I
think it's R3 zoning.
CHAIRMAN KAUFMAN: Okay. Which part of-- it's
unpermitted. Is barb wire permitted, by the way?
MR. KINCAID: No, sir, not on residential.
CHAIRMAN KAUFMAN: Okay. That's what I thought. Okay,
good.
MR. MARINO: Are there people living there now?
MR. KINCAID: It's a vacant property, sir.
MR. MARINO: Vacant lot, sorry.
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November 18, 2016
CHAIRMAN KAUFMAN: If they're living there, they're living
on the ground.
MR. MARINO: Living on the ground.
MR. LEFEBVRE: I make a motion that a violation does exist.
MR. LAVINSKI: Second.
CHAIRMAN KAUFMAN: We have a motion and a second a
violation exists. Any comment on that,
(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.
Do you have a suggestion for us, Mr. Kincaid?
MR. KINCAID: Yes, sir. That the Code Enforcement Board
orders the respondent to pay all operational costs in the amount of
$65.43 incurred in the prosecution of this case within 30 days and
abate all violations by obtaining all required Collier County building
permits or demolition permit, inspections, and certificate of completion
within blanks days of this hearing or a fine of blank dollars per day
will be imposed until the violation is abated; and,
Two, the respondent must notify the code enforcement
investigator when the violation has been abated in order to conduct a
final inspection to confirm abatement. If the respondent fails to abate
the violation, the county may abate the violation using any method to
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November 18, 2016
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 cost of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. A quick question. On K&R
Home Tech, is that a licensed company in the state of Florida?
MR. KINCAID: It does have a registration on Sunbiz that is
active.
CHAIRMAN KAUFMAN: And the address for taxes purposes
are also local?
MR. KINCAID: I'm assuming that it corresponds to what we
have in the Collier County records that come up in CityView.
MR. LEFEBVRE: Just to look at the warranty deed in our
package; two addresses here. There's a different address for K&R than
the property address. The address is listed as 131 25th Street
Southwest, Naples, Florida, and this property closed in January 2016.
And up on the top it states an attorney that prepared this
document. So maybe get in touch with the law firm. I don't know who
they represented in the closing, but the law firm you may be able to get
in touch with and find out if they represented the buyer or the seller. If
they represented the seller, you could find out who represented the
buyer and get in touch since it's a recent closing.
MR. KINCAID: Okay.
MR. LEFEBVRE: That might be a way to try and get in touch
with the owner.
CHAIRMAN KAUFMAN: Otherwise, they're going to have a
surprise. These notifications may be going -- you posted the property
as well?
MR. KINCAID: Yes, sir.
CHAIRMAN KAUFMAN: They may be going on deaf ears, so
hopefully we can get compliance by finding somebody who knows
them or -- so that they respond to you.
Page 14
November 18, 2016
Okay. Anybody like to take a shot at filling in the blanks on this?
MR. LAVINSKI: I'll take a shot at it, if no one else. The one
question I have, though, is if they put this fence up without a permit,
do they need a demolition permit to take it down?
MR. KINCAID: There is a -- it's a very inexpensive permit that
you can get for removing unpermitted items. I think it's a very
minimal fee, and it doesn't -- it just requires one inspection, I think, to
make sure that the work was done.
I don't think that they necessarily require it, and that's why I use
the word "applicable." It's kind of up to them to come in. If they have
to have it, fine. If they don't -- but I guess to answer your question it
probably would be expedient for them to do that because it's a life
safety issue, and if they remove, like, posts and things that will leave
holes in the ground, if they're not filled in, if nobody inspects them,
then they would incur a liability, so it would be expedient.
But from Code Enforcement's stand -- point of view, the fence
could be removed and would not require a permit.
MR. MARINO: You said the property was purchased in January
of this year?
MR. LEFEBVRE: I said that.
MR. MARINO: Oh, you said that.
MR. LAVINSKI: My motion will be, then, that the 65.43 be paid
within the 30 days and that the respondent has 30 days to remove that
fence or a fine of$150 a day.
MR. MARINO: Second that.
CHAIRMAN KAUFMAN: Okay. Comments on Mr. Lavinski's
numbers there?
MR. LEFEBVRE: I personally think 30 days is too long, and I
think the fine is a little bit on the light side due in the fact that it is in a
neighborhood with a lot of kids. It's not like out in the Estates. It's in a
densely populated neighborhood, and that barb wire is definitely a
Page 15
November 18, 2016
danger if a kid wants -- who happens to play around it.
MR. LAVINSKI: Based on that, I'd be interested in changing my
motion to 15 days with a fine of$250 a day.
CHAIRMAN KAUFMAN: Does the second go with that?
MR. MARINO: I'll second it.
CHAIRMAN KAUFMAN: Were you the original second?
MR. MARINO: Yes, I'm the original second.
CHAIRMAN KAUFMAN: Okay. So we have a motion. Any
other discussion on the motion?
(No response.)
CHAIRMAN KAUFMAN: I think if you do contact the law
firm, that will probably go a long way. They're probably unaware of
the situation, and it doesn't look like a big deal to rectify, so...
Since there are no other comments on it, 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.
Thanks, James.
MR. LEFEBVRE: Thank you, Jim.
MS. ADAMS: The next case is from No. 6, Old Business, Letter
A, Motion for Imposition of Fines/Liens, No. 1, Tab 6, Case
CEOCC20160012333, Pee-Wee's Dumpsters.
CHAIRMAN KAUFMAN: Good morning.
MS. PULSE: Good morning.
Page 16
November 18, 2016
(The speaker was duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Okay. Well, have you been in
contact with Mr. George?
MS. PULSE: I've attempted, but I haven't received any return
calls.
CHAIRMAN KAUFMAN: Even though this violation was
abated, the previous operational costs were not paid; the civil penalty
has not been paid. And we, as a rule, do not grant anything other than
imposing a fine when you have a situation like that.
Having said that, any comments from the Board or from the
county?
MS. PULSE: No, sir.
CHAIRMAN KAUFMAN: Okay.
MR. LAVINSKI: Make a motion to impose the fine as stated.
MR. ASHTON: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
Any discussion on the motion?
(No response.)
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.
Thank you, Dee.
MS. PULSE: Thank you.
Page 17
November 18, 2016
MS. ADAMS: The next case is No. 2, Tab 7, Case
CESD20120013716, Branislava Cirakovic Vukovic, Gina
Radenkovich, and Aleksandar H. Radenkovich.
MS. VUKOVIC: Good morning.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Okay. Since this is an imposition,
you get to testify first, and then the county comments on that.
MS. VUKOVIC: We came to the conclusion of this case, and all
the inspections and permits are approved. So that's all. Thank God.
CHAIRMAN KAUFMAN: So you are asking -- I'm leading you.
MS. VUKOVIC: Thank you.
CHAIRMAN KAUFMAN: Are you asking for something on this
particular case?
MS. VUKOVIC: No, just to be closed.
CHAIRMAN KAUFMAN: No, no, no, no. Let me rephrase that.
There is currently a $84,822 fine that's sitting out there. That fine can
be imposed or it could be modified or it could be abated.
MS. VUKOVIC: It should be abated.
CHAIRMAN KAUFMAN: So you are requesting...
MS. VUKOVIC: That's what I'm asking, yes; please.
CHAIRMAN KAUFMAN: You're requesting that the fine be
abated?
MS. VUKOVIC: I do.
CHAIRMAN KAUFMAN: And the county?
MR. LETOURNEAU: The county feels that they've been
through enough already and would not oppose a full abatement.
CHAIRMAN KAUFMAN: Okay. Any comments from the
Board?
MR. LEFEBVRE: Make a motion to abate.
MR. MARINO: Second.
MS. VUKOVIC: Thank God.
Page 18
November 18, 2016
CHAIRMAN KAUFMAN: Hold on. We have to vote.
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. VUKOVIC: Thank you.
CHAIRMAN KAUFMAN: Thank you.
MS. VUKOVIC: I appreciate your help and your expertise.
CHAIRMAN KAUFMAN: Thank you.
MS. ADAMS: The next case is No. 3, Tab 8, Case
CESD20160000177, Maria Teresa Pas.
CHAIRMAN KAUFMAN: We have a revised paper on your
desk showing a difference that the violation has been abated as of
November 10th. Okay. Everybody see that? Okay.
Danny Blanco,
the Interpreter herein, was sworn to truly and correctly
translate English into Spanish and Spanish into English.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Okay. Could you state your name
on the microphone.
MS. PAZ: My name is Maria Paz Perez.
CHAIRMAN KAUFMAN: Okay. You have to be sworn in as
an interpreter.
THE COURT REPORTER: I did that.
Page 19
November 18, 2016
CHAIRMAN KAUFMAN: You did that already. We're ahead of
the game.
Okay. Since this is an imposition of fines, the respondent would
go first should they request something, et cetera.
THE INTERPRETER: She's requesting that the fines be abated,
and she has a CO here that she would like to present to the Board as
well as a permit, a demo permit.
CHAIRMAN KAUFMAN: It's okay. As long as we have the
documentation here that says it's been abated, it's been abated.
MR. LEFEBVRE: Make a motion to abate.
MR. DOINO: Second.
MR. MARINO: Second.
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. PAZ: Thank you.
MR. LAVINSKI: One comment I'd like to make is can you let
her know where -- on the case, the hearing we got, there was a prior
adding to the home. Can you just make sure she understands that the
permitting process and the things should have a permit before she gets
into this situation.
THE INTERPRETER: Will do.
MR. LAVINSKI: Thank you.
Page 20
November 18, 2016
CHAIRMAN KAUFMAN: You don't want to say anything, do
you? Okay.
Gerald has an appointment later on this morning, so he wants to
make sure things run smoothly.
MR. MARINO: Please. Please do.
MS. NICOLA: It's 9:27, Bob. It could be a record; actually 9:28.
CHAIRMAN KAUFMAN: Well, we're not done yet.
MS. NICOLA: Close.
CHAIRMAN KAUFMAN: Yeah, we are.
MR. MARINO: Well, keep going.
MS. ADAMS: The next case is No. 5, Tab 10, Case
CESD20150019659, Filippo Mastrocola.
MR. MARINO: Tab 10.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: You can raise that microphone so
that -- ah, there you go.
MR. MASTROCOLA: Good morning.
CHAIRMAN KAUFMAN: Could you state your name on the
microphone.
MR. MASTROCOLA: Filippo Mastrocola.
CHAIRMAN KAUFMAN: Okay. And you are the respondent
in this case?
MR. MASTROCOLA: Yes, sir.
CHAIRMAN KAUFMAN: And you have -- this has not been
abated, so you're here to request something.
MR. MASTROCOLA: I'm here hopefully to request an
extension of time to be able to finish the work that was --
unfortunately, I didn't pull the permit originally, and, you know, you
guys were gracious enough to give me, I think it was, 90 days to
complete the work. Things changed from the time that -- personally
from the time that, you know, that was issued, and for personal reasons
Page 21
November 18, 2016
and other reasons I wasn't able to finish the project. And I'm hoping
that you could give me a little more time and, basically, I'm -- that's
what I'm here to request.
CHAIRMAN KAUFMAN: As I said at one of the prior cases,
the operational costs of 67.11 have not been paid.
MR. MASTROCOLA: I mean, I can go downstairs and pay that.
I never got a bill for that or anything like that. Do I just pay it here? I
mean...
CHAIRMAN KAUFMAN: Well, for us to consider your request
of additional time --
MR. MASTROCOLA: Okay.
CHAIRMAN KAUFMAN: -- that should be paid. So if you say
that you will pay that today --
MR. MASTROCOLA: I can pay that right now.
CHAIRMAN KAUFMAN: And then you are requesting some
additional time. How much time are you requesting?
MR. MASTROCOLA: If you could give me 60 days. You know,
that's going to be a little tight, because I have a permit submitted, and,
you know, I think I can perform it within 60 days. I don't want to keep
revisiting this again. And, you know, I've tried to keep the property
outside tidy and, you know, not -- no nuisances around there or
anything like that.
The violation was -- you know, we basically took the kitchen out
and removed one of the bathrooms, so I mean, that's --
CHAIRMAN KAUFMAN: Well, if you think 60 days is tight,
why don't you ask for 90 days.
MR. MASTROCOLA: Because I don't want to, you know --
CHAIRMAN KAUFMAN: Our next meeting, by the way --
there is no meeting in December, so our next meeting is approximately
MS. NICOLA: January 25th.
Page 22
November 18, 2016
CHAIRMAN KAUFMAN: January 25th.
MS. NICOLA: So that's 60 days. It would be more like 75 days,
something like that.
MR. MASTROCOLA: If you could grant me that, I would, you
know, greatly appreciate it.
CHAIRMAN KAUFMAN: If that would more likely result in it
being completely done --
MR. MASTROCOLA: Absolutely.
CHAIRMAN KAUFMAN: Okay.
MS. CURLEY: I have a question. So it says that a stipulation
was 120 days originally, right?
MR. MASTROCOLA: Correct. I don't doubt that.
MR. DOINO: Right.
MS. CURLEY: So what's happened since June?
MR. MASTROCOLA: Like I said before, I've had some personal
issues that I'd rather not go into detail in public about.
CHAIRMAN KAUFMAN: Okay. Why don't we hear from the
county, and then we can discuss it.
MR. FORD: For the record, Arthur Ford, Collier County Code
Enforcement. This case has been open since September of 2015.
Is anybody living there now?
MR. MASTROCOLA: I've been staying there.
MR. FORD: Currently the permit's ready to issue. Has all the
work been completed?
MR. MASTROCOLA: None of the work has been completed.
MR. FORD: So it's still gutted?
MR. MASTROCOLA: It still is -- I haven't done any work from
the time that you took those pictures.
MR. FORD: It's up to the Board. I mean, we are -- I'm on the
fence with it, so...
MR. LEFEBVRE: Barb wire fence?
Page 23
November 18, 2016
MR. FORD: Not the barb wire fence.
CHAIRMAN KAUFMAN: That could be uncomfortable.
We're in the business of compliance, okay, and you understand
that since June, nothing has been done.
MR. MASTROCOLA: Correct.
CHAIRMAN KAUFMAN: So we're reluctant to have more time
invested and nothing happen. What I would suggest is maybe we can
get a motion from the Board that -- and maybe Art could go out and --
in some interim time between now and whatever the days that are
granted, to see that actual work is being done.
MR. MASTROCOLA: Whatever you can, you know, find it in
your -- you know, in the Board to give me is appreciated. You know,
I'm trying not to make any excuses even though I am making excuses.
But whatever you decide, obviously, you decide, so I would appreciate
any time.
CHAIRMAN KAUFMAN: The permit has been issued?
MR. FORD: It's ready to be issued. It's not been picked up.
CHAIRMAN KAUFMAN: Okay. When do you think you're
going to pick up the permit?
MR. MASTROCOLA: I'm just waiting for my electrical -- my
electrician to give me a quote. I have the cabinet quote.
CHAIRMAN KAUFMAN: Let me stop you a second. That has
nothing to do with picking up the permit. Picking up the permit, then
they can give you the quotes or whatever.
MR. MASTROCOLA: No, that's not what my contractor told
me.
CHAIRMAN KAUFMAN: Well, are you doing this as
owner/builder?
MR. MASTROCOLA: No. I have a --
CHAIRMAN KAUFMAN: You have a general contractor?
MR. MASTROCOLA: Yeah, he's helping me out.
Page 24
November 18, 2016
CHAIRMAN KAUFMAN: So he's the one that -- you have to
give him, obviously, the money for the permit, et cetera.
MR. MASTROCOLA: Correct.
CHAIRMAN KAUFMAN: Okay. Are you willing -- in a
position to do that?
MR. MASTROCOLA: I am now.
CHAIRMAN KAUFMAN: You are now, okay. So if I were
putting down a to-do list here, I would say that has to be probably tops
on the list. Whatever you have to do with -- your general contractor is
the one who's getting the quotes from the electrician, plumber, or
whomever. But once that's picked up, that would show good faith that
we're going forward with that.
But even before that, the 67.11, whatever motion comes before
the Board, is going to require that that be paid today.
MR. MASTROCOLA: As soon as I leave here, I'll go down -- I
assume it's downstairs that I have to pay this?
CHAIRMAN KAUFMAN: Art will point you in the right
direction, won't you?
MR. LEFEBVRE: Horseshoe Drive.
CHAIRMAN KAUFMAN: Horseshoe.
MR. FORD: We'll figure it out.
CHAIRMAN KAUFMAN: Okay. Do we have some more
comments from the Board?
MR. LEFEBVRE: The question I had was when was the permit
in the "ready" status? When was it ready to be picked up; do you
know?
MR. FORD: From my understanding, fairly recent.
MR. LEFEBVRE: Okay.
MR. FORD: I don't have an exact date.
MR. LEFEBVRE: Okay. It wasn't like three months ago or...
MR. FORD: Yes.
Page 25
November 18, 2016
CHAIRMAN KAUFMAN: Is the contractor ready to go forward
and get everything done?
MR. MASTROCOLA: Yes, sir.
CHAIRMAN KAUFMAN: You going to do the rough electrical,
rough plumbing, et cetera? Okay.
MR. LEFEBVRE: I don't know if-- once a permit's picked up,
that's where the inspections start kicking in as things are done. So
that's the progress. I don't think it would necessarily require a code
enforcement inspector to go out to see the work's being done.
MR. FORD: I can monitor that through the computer. I can see
the --
MR. LEFEBVRE: Right.
MR. FORD: -- inspections when -- if they passed, failed.
CHAIRMAN KAUFMAN: What I don't want to see, what the
Board doesn't want to see, is that we're back here in January or
February in the exact same position we are today with the permit
waiting to be picked up and nothing being done. That's our concern.
MR. MASTROCOLA: I can -- I mean, if you want to put
something in the stipulation that, you know, within the next week or so
I'll have the permit picked up...
CHAIRMAN KAUFMAN: I don't think it has to be in a week or
so. Why don't we leave that to Art to monitor the situation --
MR. MASTROCOLA: Okay.
CHAIRMAN KAUFMAN: -- and go from there. Would
somebody on the Board like to take a shot at --
MR. LEFEBVRE: Just one more comment.
CHAIRMAN KAUFMAN: Sure.
MR. LEFEBVRE: We already had a 120-day stipulation that
wasn't followed, so putting something in there saying in a week a
permit's going to be pulled up, I don't have too much hope that that's
going to be the case.
Page 26
November 18, 2016
With that being said, I make a motion to continue it for 90 days,
and let's see what happens in 90 days --
MR. MARINO: I'll second 90 days.
MR. LEFEBVRE: -- but this hearing will be -- I remember this.
I remember your face, so hopefully we're --
MR. MASTROCOLA: Thank you.
MR. LEFEBVRE: -- down the line that you're either done or
close to being done.
CHAIRMAN KAUFMAN: I ask the motion maker to add that
the operational costs be included.
MR. LEFEBVRE: Yes, operational costs to be paid today also.
MR. MASTROCOLA: No problem.
MR. ASHTON: Can we also add that the permit's got to be
picked up within a week?
MR. LEFEBVRE: I don't think that's necessary.
MR. ASHTON: Well --
CHAIRMAN KAUFMAN: Art will be monitoring it one way or
the other.
MR. LEFEBVRE: That's going to be changing the actual
stipulation, and I think that's -- because if we say it has to be picked up
in a certain amount of time, then we're going to have to add a fine to it
if it's not picked up in that amount of time, too.
MR. L'ESPERANCE: I think it's accurate enough to have the
county monitor it, and I'm sure you will.
CHAIRMAN KAUFMAN: Okay. Now, does the second agree
to adding the verbiage --
MR. MARINO: I agree.
CHAIRMAN KAUFMAN: -- operational costs being paid.
MR. MARINO: Agree.
CHAIRMAN KAUFMAN: You're very agreeable today.
Okay. Any other discussion on the motion?
Page 27
November 18, 2016
MR. LAVINSKI: Are we concerned that the respondent is living
in there without these permits and inspections with, obviously, bare
wires hanging out of wall or something?
MR. FORD: Could be an issue.
CHAIRMAN KAUFMAN: Is there electrical -- is there electrical
and plumbing in the facility?
MR. MASTROCOLA: There is. And Mr. Ford's welcome to
come into the house today or whenever to check it out anytime you
want.
MR. FORD: Well, if it's in the condition that we photographed
the pictures --
MR. MASTROCOLA: Yeah, but --
MR. FORD: -- the plumbing was open, the wires were exposed
and hanging, and there were no fixtures or anything, true?
MR. MASTROCOLA: Yes. The kitchen was -- you know, I've
been eating out, so -- and -- but the secondary bathroom and -- you
know, was all in -- completely intact so, I mean, I'm --
CHAIRMAN KAUFMAN: I guess at least the circuit breakers to
the kitchen would need to be turned off.
MR. LEFEBVRE: Are there any kids in the house?
MR. MASTROCOLA: No, no.
CHAIRMAN KAUFMAN: Okay. Any other comments? We
have a motion on the table. 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 28
November 18, 2016
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
I will add that I'm going to ask Art to look in and see that there's
progress being made so that we're in a position when this comes back
-- and it will come back because we have to dispose of any liens or
fines that are accruing -- that we make sure that there is progress being
made.
MR. MASTROCOLA: Your help is greatly appreciated. Thank
you.
CHAIRMAN KAUFMAN: Okay. Very good. Thank you.
MS. ADAMS: The next item is from No. 7, New Business, the
2017 hearing scheduling. You should all have a copy of it in front of
you, if everybody's okay with those dates.
CHAIRMAN KAUFMAN: Yeah. What we opted for and we
discussed at the last meeting was we would rather meet here than over
on Horseshoe Drive. It's kind of cramped over there, even though they
do have coffee there and they don't have any coffee here.
Any comments on the dates? I know that, Tami, you had some
concerns on some of the dates.
MS. NICOLA: My main concern was the January date because I
had already booked the family law seminar, but I'm not leaving until
the 26th. So the 25th works fine. That will just -- unfortunately, my
orders will be a little bit delayed probably, but...
CHAIRMAN KAUFMAN: I was going to ask you on the orders
-- I'm going on a cruise. Are they going to be ready before
Thanksgiving?
MS. NICOLA: I'm going to try and go back to my office and get
them done today. That's my goal.
CHAIRMAN KAUFMAN: That's before Thanksgiving. That
will take care of that.
MS. NICOLA: Yeah. It sounds fun.
Page 29
November 18, 2016
CHAIRMAN KAUFMAN: Well, Mr. Lavinski just came back
from a cruise, too, so -- we like to stay on the water.
So it looks like the schedule is acceptable to everybody. There
are some -- there is a Wednesday and several Friday days.
Going forward, I don't know how they handle the schedule for
this room, but we do meet once a month every month except
December. Maybe we can get on that list. I don't know who's -- yeah,
who trumped us, if you'll --
MS. ADAMS: There's somebody else that also meets on the
fourth Thursday of the month that's already reserved it, and that's why
I'm having a problem with those dates that we have a Friday is that
when I go to make the schedule in October for the following year, it's
already taken. They've already taken it for, I don't know, indefinitely.
CHAIRMAN KAUFMAN: Are they more important than we
are?
MS. ADAMS: I don't know who it is, to be honest.
MR. LEFEBVRE: Planning Commission?
MR. L'ESPERANCE: They meet every other week.
MS. ADAMS: I'm not sure, yeah. I don't know. It's just -- they
said we could either have it on Friday or have it at our building at
Growth Management, so -- and I know you-all like to have -- would
rather have it here.
And just a reminder, the January hearing will be starting at 1
o'clock. We can't get here in the morning because of the BCC
overflow.
CHAIRMAN KAUFMAN: Unless -- well, no. I'm saying you
could see what happens with the BCC meeting. Since it's new --
MS. ADAMS: The notices --
CHAIRMAN KAUFMAN: -- people, it will probably go on.
MS. ADAMS: Yeah, the notices will already have been out by
then, so we would have already noticed.
Page 30
November 18, 2016
CHAIRMAN KAUFMAN: So this is at 1 p.m. noted on your --
whatever.
MR. MARINO: This is our January meeting?
CHAIRMAN KAUFMAN: Yeah. It will be January 25th at 1
p.m. That means we can't go out for lunch after. You have to go out
for dinner. Okay.
MR. LAVINSKI: Motion to accept the schedule as written.
CHAIRMAN KAUFMAN: We have a motion.
MR. ASHTON: Second.
CHAIRMAN KAUFMAN: And a second. 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.
And if there is no other business, anybody want to make a motion
to --
MR. LAVINSKI: Motion to adjourn.
CHAIRMAN KAUFMAN: There we go.
MR. ASHTON: 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 9:34 a.m.
Page 31
November 18, 2016
CODE ENFORCEMENT BOARD
/r
411P
R w RT J' MAN, CHAIRMAN
ATTEST
DWIGHT E. BROCK, CLERK
These minutes approved by the Board on 1/ , as presented
or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT
REPORTER.
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