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CEB Minutes 01/25/2017 January 25, 2017 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, January 25, 2017 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 1:00 p.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman Robert Ashton Gerald J. Lefebvre James Lavinski Lionel L'Esperance Sue Curley Kathleen Elrod Ron Doino (Excused) ALSO PRESENT: Tamara Lynne Nicola, Attorney to the Board Kerry Adams, Code Enforcement Jeff Letourneau, Code Enforcement Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: January 25, 2017 at 1:00 P.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 Gerald Lefebvre Robert Ashton, Lionel L'Esperance Sue Curley,Alternate Kathleen Elrod,Alternate 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES A. November 18,2016 Hearing 5. PUBLIC HEARINGS/MOTIONS A. Motions Motion for Continuance 1 Motion for Extension of Time 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).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 B. Stipulations C. Hearings 1. CASE NO: CENA20160011087 OWNER: JVM DEVELOPMENT CORP OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(A)AND 54-185(D).WEEDS THAT EXCEEDS OVER 18 INCHES AND EXOTICS CONSISTING OF BUT NOT LIMITED TO:BRAZILIAN PEPPER,AIR POTATO WITHIN A 200 FT RADIUS OF AN IMPROVED PROPERTY. FOLIO NO: 77260160001 VIOLATION ADDRESS: 132 6TH ST,NAPLES 2. CASE NO: CENA20160011082 OWNER: JVM DEVELOPMENT CORP OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(A)AND 54-185(D).WEEDS THAT EXCEEDS OVER 18 INCHES AND EXOTICS CONSISTING OF BUT NOT LIMITED TO:BRAZILIAN PEPPER,AIR POTATO WITHIN A 200 FT RADIUS OF AN IMPROVED PROPERTY. FOLIO NO: 77260120009 VIOLATION ADDRESS: 128 6TH ST,NAPLES 3. CASE NO: CELU20160010501 OWNER: ANTHONY V PICCIRILLI EST OFFICER: INVESTIGATOR CHRISTOPHER HARMON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 1.04.01(A), SECTION 2.02.03,SECTION 10.02.06(B)(1)(A)AND SECTION 10.02.06(B)(1)(E)(I). UNPERMITTED ALTERATIONS TO THE CARPORT STRUCTURE RESULTING IN RESIDENTIAL USE OF INDUSTRIALLY ZONED PROPERTY. FOLIO NO: 249120000 VIOLATION ADDRESS: 1891 ELSA STREET,NAPLES 2 4. CASE NO: CENA20160012651 OWNER: MARVIN WONG OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(D).EXOTICS CONSISTING OF BUT NOT LIMITED TO:BRAZILIAN PEPPER, AIR POTATO,AUSTRALIAN PINE WITHIN 200 FEET RADIUS OF AN IMPROVED PROPERTY. FOLIO NO: 62202200002 VIOLATION ADDRESS: 5433 BRYANT AVE,NAPLES 5. CASE NO: CESD20160007819 OWNER: MANFRED DUNKER OFFICER: INVESTIGATOR ARTHUR FORD VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).DEMOLITION OF INTERIOR, SHEET ROCK,PLUMBING,ETC.WITNESSED ON MAY 10TH 2016 BY CONTRACTOR LICENSING INVESTIGATORS,IAN JACKSON AND STEVE KOVACS. FOLIO NO: 27581000007 VIOLATION ADDRESS: 400 OAK AVE,NAPLES 6. CASE NO: CELU20160021043 OWNER: TERRY BROWN OFFICER: INVESTIGATOR JUAN GARCIA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 2.02.03. ACCUMULATION OF PALLETS BEING STORED OUTSIDE. FOLIO NO: 63862920006 VIOLATION ADDRESS: 111 NEW MARKET RD W,IMMOKALEE 7. CASE NO: CELU20160018013 OWNER: KATHLEEN PRESLEY OFFICER: INVESTIGATOR JUAN GARCIA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 2.02.03. STORING AND BUILDING/REPAIRING OF PALLETS. FOLIO NO: 63862880007 VIOLATION ADDRESS: 117 NEW MARKET RD W,IMMOKALEE 8. CASE NO: CESD20160002295 OWNER: DESTINY CHURCH OF NAPLES INC OFFICER: INVESTIGATOR CRISTINA PEREZ 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).AN UNPERMITTED SHED,FENCE AND POLE BARN TYPE STRUCTURE.ALSO UNPERMITTED SHIPPING CRATES(CONTAINERS)USED FOR STORAGE. FOLIO NO: 41930720008 VIOLATION ADDRESS: 6455 HIDDEN OAKS LANE,NAPLES 3 D. Motion for Reduction of Fines/Lien. 6. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. CASE NO: CESD20140010232 OWNER: MANSOLILLO IRA LLC OFFICER: INVESTIGATOR JEFF LETOURNEAU VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06 (B)(1)(A)AND THE 2010 FLORIDA BUILDING CODE CHAPTER 1,PART 1, SECTION 105.1. COMPLETE REMODELING OF THE INTERIOR OF THE HOME AND GARAGE BEING CONVERTED TO LIVING SPACE INCLUDING PLUMBING,ELECTRIC AND STRUCTURAL WORK AS WELL AS A FENCE IN THE FRONT YARD,ALL WITHOUT FIRST OBTAINING REQUIRED COLLIER COUNTY BUILDING PERMITS. FOLIO NO: 37161440006 VIOLATION ADDRESS: 120 7TH ST SW,NAPLES 2. CASE NO: CESD20150021350 OWNER: WILLIAM ROBERT ANDREWS JR OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 10.02.06 (B)(1)(A).OBSERVED SEVERAL PERMITTING VIOLATIONS INCLUDING BUT NOT LIMITED TO:LARGE SOLAR PANELS,TWO STORAGE SHEDS,A DETACHED GARAGE,A LARGE COMMUNICATION TOWER/ANTENNA,A SCREENED WOOD DECK ATTACHED TO THE DWELLING,AND TWO POLE BARNS ON IMPROVED CONSERVATION PROPERTY ALL WITHOUT FIRST OBTAINING THE REQUIRED PERMIT(S),INSPECTIONS,AND OF CERTIFICATE OCCUPANCY/COMPLETION. FOLIO NO: 374240004 VIOLATION ADDRESS: 1516 PANTHER RD,COLLIER COUNTY 3. CASE NO: CEAU20150020251 OWNER: WILLIAM ROBERT ANDREWS JR OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: 2014 FLORIDA BUILDING CODE,CHAPTER 1, SECTION 105.A FENCE INSTALLED ON IMPROVED CONSERVATION PROPERTY WITHOUT FIRST OBTAINING THE REQUIRED PERMITS,INSPECTIONS,AND CERTIFICATE OF COMPLETION. FOLIO NO: 374240004 VIOLATION ADDRESS: 1516 PANTHER RD,COLLIER COUNTY 4 4. 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. CASE NO: CESD20150013679 OWNER: LIN LIN WANG OFFICER: INVESTIGATOR MICHAEL ODOM VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, SECTIONS 10.02.06(B)(1)(A) AND 10.02.06(B)(1)(E)(I).UNPERMITTED STRUCTURAL,PLUMBING,ELECTRICAL AND HVAC ALTERATIONS TO THE RESIDENTIAL STRUCTURE. FOLIO NO: 193560004 VIOLATION ADDRESS: 1747 ACREMAKER RD,NAPLES 6. CASE NO: CESD20150002237 OWNER: EDWARD M MILLER AND BRITTANY L MILLER OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 10.02.06 (B)(1)(E)(I). COMPLETE REMODEL OF THE KITCHEN,MASTER BATHROOM,BATHROOM, AND FAMILY ROOM,REPLACED WINDOWS AND REPLACED SOFFITS.ALL WORK DONE WITHOUT COLLIER COUNTY BUILDING PERMITS. FOLIO NO: 38051960006 VIOLATION ADDRESS: 3875 31ST AVE SW,NAPLES 7. CASE NO: CESD20150024661 OWNER: THEODORE CANALES OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a).RENOVATING INTERIOR AND EXTERIOR OF A SINGLE FAMILY RESIDENCE PRIOR TO AN ISSUANCE OF A BUILDING PERMIT. FOLIO NO: 30681960005 VIOLATION ADDRESS: 1402 ORANGE ST,IMMOKALEE 5 8. CASE NO: CEROW20150014167 OWNER: JOHN E PRICE OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY CODE LAWS AND ORDINANCES,CHAPTER 110,ROADS AND BRIDGES, ARTICLE II,CONSTRUCTION IN RIGHT OF WAY,DIVISION 1 GENERALLY,SECTION 110- 30(A).THE CULVERT/DRAINAGE PIPE HAS FAILED;THAT IT HAS COLLAPSED OR RUSTED THROUGH.ORDINANCE 2003-37,REQUIRES THAT NECESSARY REPAIRS ARE THE RESPONSIBILITY OF THE PROPERTY OWNER. FOLIO NO: 65271840005 VIOLATION ADDRESS: 112 FAIRWAY CIR,NAPLES 9. CASE NO: CESD20150004083 OWNER: ELBA SERRANO MORALES OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(A).A SINGLE FAMILY RESIDENCE,TO INCLUDE A NEWLY ATTACHED ADDITION AT THE REAR OF THE RESIDENCE WAS OBSERVED.THE RESIDENCE HAS BEEN CONVERTED INTO THREE DWELLING UNITS EACH WITH SEPARATE BATHROOMS AND KITCHENS.EACH UNIT HAS ONLY ONE DOOR FOR INGRESS/EGRESS.ALL IMPROVEMENTS HAVE BEEN CONSTRUCTED WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMITS,INSPECTIONS,AND CERTIFICATE OF OCCUPANCY/COMPLETION. FOLIO NO: 30734120006 VIOLATION ADDRESS: 1316 APPLE STREET,IMMOKALEE 10. CASE NO: CEAU20160014024 OWNER: K&R HOMETECH LLC OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: FLORIDA BUILDING CODE 5"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 47'TER SW,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. 9. REPORTS 10. COMMENTS 11. NEXT MEETING DATE- Thursday, February 23,2017 at 9:00 A.M. 12. ADJOURN 6 January 25, 2017 CHAIRMAN KAUFMAN: Good afternoon. I'd like to call the Code Enforcement Board to order. Notice: The respondents 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 to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. Why don't we start with the Pledge. All stand. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: If you'd all remain standing for one second. If you notice there's an empty seat at the end. One of our members passed away last month; Tony Marino. He was a fellow board member for, I guess, eight or nine years, and a fellow veteran to several of us who are veterans on the Board; not only on the Board, but in the military. I'd like to take a minute of silence for Tony's memory. (A moment of silence was taken.) CHAIRMAN KAUFMAN: Thank you. Okay, Kerry. Roll call. MS. ADAMS: Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. ADAMS: Mr. James Lavinski? Page 2 January 25, 2017 MR. LAVINSKI: Here. MS. ADAMS: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MS. ADAMS: Mr. Lionel L'Esperance? MR. L'ESPERANCE: Here. MS. ADAMS: Robert Ashton? MR. ASHTON: Here. MS. ADAMS: Ms. Sue Curley? MS. CURLEY: Here. MS. ADAMS: Ms. Kathleen Elrod? MS. ELROD: Here. MS. ADAMS: And Mr. Ronald Doino has an excused absence. CHAIRMAN KAUFMAN: And do we have any changes on the agenda? MS. ADAMS: We do. Number 5, Public Hearings, Letter B, Stipulations, we have three additions. The first is No. 8 from hearings, Tab 9, Case CESD20160002295, Destiny Church Naples, Incorporated. The second is No. 3 from Hearings, Tab 4, Case CELU20160010501, Anthony V. Piccirilli Estate. The third is No. 5 from Hearings, Tab 6, Case CESD20160007819, Manfred Dunker. Letter C, Hearings, No. 1, Tab 2, Case CENA20160011087, JVM Development Corporation, has been withdrawn. Number 2, Tab 3, Case CENA20160011082, NM Development Corporation, has been withdrawn. Number 4, Tab 5, Case CENA20160012651, Marvin Wong has been withdrawn. Number 6, Tab 7, Case CELU20160021043, Terry Brown, has been withdrawn. Number 7, Tab 8, Case CELU20160018013, Kathleen Presley, Page 3 January 25, 2017 has been withdrawn. Number 6, Old Business, Letter A, Motion for Imposition of Fines/Liens, No. 5, Tab 14, Case CESD20150013679, Lin Lin Wang, has been withdrawn. Number 6, Tab 15, Case CESD20150002237, Edward M. Miller and Brittany M. Miller, has been withdrawn. And we have two cases that need to be taken out of order. It's Tab 11 and Tab 12. We'll take -- that will be moved to the front of the agenda for William Robert Andrews, Jr. That's all the changes. CHAIRMAN KAUFMAN: Okay. Both alternates will be full voting members of the Board today. Okay. MS. CURLEY: What? I didn't hear you. CHAIRMAN KAUFMAN: I said that both alternates will be voting members of the Board today. MS. CURLEY: Thank you. CHAIRMAN KAUFMAN: Okay. MR. ASHTON: Make a motion to accept the changes. MR. LEFEBVRE: Second. MS. LAVINSKI: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) Page 4 January 25, 2017 CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. ADAMS: Okay. The first case will be from No. 6, Old Business, Letter A, Motion for Imposition of Fines/Liens, No. 2, Tab 11, Case CESD20150021350, William Robert Andrews, Jr. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. I do notice that 11 and 12, Tabs 11 and 12, there are two cases here. Are we going to hear them both at the same time or each one in order? Any preference? MR. LOPEZ-SILVERO: If it's all right with you, both at the same time. CHAIRMAN KAUFMAN: Okay. We'd have to vote on each case individually, but we hear them that way. Okay. Patrick, if you would identify yourself on the microphone. MR. WHITE: If I might, Mr. Chairman. Yes, Patrick White representing Mr. Andrews here today in the two matters. We've had an extensive history working with the county on these two particular cases. It's been a rather complicated -- at least in my experience, the most complex level of involvement of both the federal, state, and local governmental entities to get us to where we are today, and I have had previous discussions with the investigator and his superiors as well as the assistant county attorney in putting forward an order for today to be considered by this board for approval that effectively puts us in a position where we're recognized as being in compliance. No fines would be imposed. We've already paid the cost of prosecution. And at this point, although we've had a continuance for each of these cases, that was beyond the control of our client at the time. We continued to use diligent and best efforts to get through the permitting process but, as I indicated, there were substantial periods of time taken working with people in the National Park Service to get the Page 5 January 25, 2017 fundamental document we needed, because this property is actually special treatment, ST, overlay, and some of those processes are ones that are not as familiar to staff. So there has been intensive dialogue over many, many months. So we're here today hoping that the order as we've proposed it can be approved. Our goal is to have that recorded so that each of the two prior orders of continuance would not act as a cloud on the title to the extent that they mention the accrual of fines. We think that that's something that will insulate the client in the future if there's ever a sale or a desire to finance the property, and it won't come up on a title search as a potential deception for insurance. I'm happy to answer any questions. CHAIRMAN KAUFMAN: So you are asking for the fines on both cases to be abated; is that correct? MR. WHITE: Yes. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Make a motion to abate. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second to abate. Any discussion on the motion? This is for the first case? MR. LEFEBVRE: Yes, sir. CHAIRMAN KAUFMAN: Okay. Which ends in 21350. Hearing no discussion, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? Page 6 January 25, 2017 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now for the second case, similar to the first case, this one is 20251. Any discussion on this case? It's similar to the first one. (No response.) CHAIRMAN KAUFMAN: Any motions from the Board on this one? MR. GERALD: Is he looking for an abatement also? MR. WHITE: Yes. That is the request, please. MR. LEFEBVRE: Make a motion to abate. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: And a second. MS. CURLEY: I just have a question. CHAIRMAN KAUFMAN: Question. Go ahead. MS. CURLEY: Why is there two? CHAIRMAN KAUFMAN: I think they're two different addresses. MR. WHITE: One of them had to do with a fence. CHAIRMAN KAUFMAN: Yes. MR. WHITE: And the other had to do with the -- CHAIRMAN KAUFMAN: Solar panels and sheds. MR. WHITE: -- more typical structures on the property. MS. CURLEY: So the first one was a solar panel. What was the second one? CHAIRMAN KAUFMAN: Fence. MR. WHITE: The solar panel and other structures. CHAIRMAN KAUFMAN: Yeah. It's listed on there: Large solar panels, two sheds, detached garage, large communications tower, antenna, screen, wooden deck, et cetera, et cetera, et cetera. And this Page 7 January 25, 2017 one, ending in 0251, is a fence installed. MR. WHITE: Correct. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Okay. MR. WHITE: By comparison, it was certainly easier to get that one through, and you can see it was abated earlier in time. CHAIRMAN KAUFMAN: Okay. Any other discussion on the motion to abate? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: 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, Patrick. MR. WHITE: Thank you, Board Members. MS. ADAMS: The next case is the Motion for Extension of Time. It's No. 1 on the agenda, Tab 1, Case CESD20150017447, Daniel Herrera and Glenda Gonzalez. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: In reading through this, I was a little bit confused. I guess this one goes to February of 2017, so it's not overdue now. Is this a request for an extension or to abate? MR. MUCHA: Well, it's not in compliance yet, so it would have to be an extension request. Page 8 January 25, 2017 CHAIRMAN KAUFMAN: Okay. MR. MUCHA: But this request is from Glenda Gonzalez, and this is Mr. Herrera. CHAIRMAN KAUFMAN: Okay. And could you state your name on the microphone. MR. HERRERA: Daniel Herrera. CHAIRMAN KAUFMAN: Okay. And you are here representing the plaintiff? MR. HERRERA: Yes. CHAIRMAN KAUFMAN: Can you move your microphone down? I can't hear you. As a matter of fact, tap it. Is it on? MR. HERRERA: Yeah. CHAIRMAN KAUFMAN: Okay. What's your relationship with the plaintiff? MR. HERRERA: Well, she was my ex-wife. We're going to a divorce right now. CHAIRMAN KAUFMAN: I'm sorry. I didn't hear you. MR. HERRERA: We're going to a divorce. CHAIRMAN KAUFMAN: Okay. Do you have her permission to talk to her -- you're on here also, okay. MR. HERRERA: Yeah. CHAIRMAN KAUFMAN: Okay. So the property is not in -- it has not been -- the violation hasn't been abated? MR. MUCHA: Correct. CHAIRMAN KAUFMAN: Okay. So you are here to request what? MR. HERRERA: More time. CHAIRMAN KAUFMAN: You need more time? MR. HERRERA: Yep. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: I have pictures if you'd like to see the property's Page 9 January 25, 2017 current state. Also, his contractor came into our office yesterday. The permit had expired back in December, and he's re-applying for the permit. But his contractor actually got into a car accident and has been out of commission, I guess, for the last few months. So that might be the reason for the delay. The contractor told me, you know, he'd need 60 days, so you might want to give him a little longer, but I can show you pictures of what everything looks like right now. CHAIRMAN KAUFMAN: Okay. Before you do that, I was -- the reason I was confused, it says they are granting a motion for extension of time and abatement of fines pending the determination of the property ownership. So that's still up in the air, I guess, the property ownership? MR. HERRERA: Yes. CHAIRMAN KAUFMAN: And the number two on there was granting an indefinite abatement. We wouldn't grant an indefinite abatement to my mother. MS. CURLEY: This is written by their attorney, probably one of their attorneys. CHAIRMAN KAUFMAN: No. I understand that. MS. CURLEY: So it doesn't -- CHAIRMAN KAUFMAN: Even more the reason that it should be -- MS. CURLEY: Well, we don't care who owns the property right now. That's their problem. They both own it together now, so this is not written properly. MR. HERRERA: Yeah, but I'm the one in charge on it. I'm the one working on it. MR. MUCHA: Just like he said, he's the only one I've ever worked with. He's the one that's on it. He's the one that hired the contractor. So in my eyes, he's the one that I'm working with so far. Page 10 January 25, 2017 CHAIRMAN KAUFMAN: Okay, fine. So why don't you show us what you have, and we'll go from there. MR. MUCHA: Sure. MR. LEFEBVRE: Are we here to hear the case or -- CHAIRMAN KAUFMAN: Well, we're here to determine whether we're going to grant an extension of time or not. MR. ASHTON: Make a motion to accept the pictures. CHAIRMAN KAUFMAN: We have -- MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: -- a motion and a second. Has the respondent seen these pictures? MR. MUCHA: He was there when I took them. I mean, yes. MR. HERRERA: Yeah, I was there. CHAIRMAN KAUFMAN: Okay. We're not hearing the case now. We're just trying to determine whether the -- MR. MUCHA: Yes, sir. I just wanted you guys to see what the current state was. CHAIRMAN KAUFMAN: Okay, Joe. Go ahead. All those in favor? MS. ELROD: Aye. MS. CURLEY: 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. MR. MUCHA: So, I mean, I would have no objection to granting an extension. I think maybe more than 60 days, though. Maybe 90 Page 11 January 25, 2017 days, to be safe. MR. LEFEBVRE: When were these pictures taken? MR. MUCHA: Yesterday. And you're in the process of installing the drywall and the insulation? MR. HERRERA: Yes. MR. MUCHA: I think it's going to move pretty quick from here. MR. ASHTON: Question. Has all the rough electronic and plumbing been passed? MR. MUCHA: No inspections have been passed yet, sir. MR. ASHTON: Well, he can't drywall until he gets the -- CHAIRMAN KAUFMAN: Right. MS. CURLEY: He needs more than 90 days. MR. LAVINSKI: If we had a stipulation from a year ago, what's happened in the last year? MS. CURLEY: They're getting a divorce. CHAIRMAN KAUFMAN: You want to stand up at the podium over here? MS. CURLEY: That's what happened. Delay. MR. LEFEBVRE: Two separate issues. CHAIRMAN KAUFMAN: That's right. MR. LEFEBVRE: One is, obviously, your marital status, and the other one is this house. I think we should look at it as a grounds that he was in here back in February for a stipulated agreement that gave him till May, and I think we gave him another continuance. And to drag this out any further, I think, is foolish. MS. CURLEY: Now, mind you, we gave a stipulation to Glenda, and Glenda hired this attorney to write this thing. You know, she's just looking out for her half ownership in it while he's the actual one that's doing -- attempting to -- CHAIRMAN KAUFMAN: I understand. Page 12 January 25, 2017 MS. CURLEY: -- attempting to probably get a house for himself to move into, without guessing. CHAIRMAN KAUFMAN: I understand. But what Mr. Lefebvre is saying is this is -- this goes back a year. MR. MUCHA: Correct. CHAIRMAN KAUFMAN: And in the year, almost nothing, it looks to me, has been done. And what Mr. Lefebvre -- and correct me if I'm wrong -- is saying, you would think that in a year something would be done. The extensions were granted in the past, and until there's a, pardon the expression, drop-dead date, we could be back here 60 days from now no different than today. MR. LEFEBVRE: This seems like it would be very simple for Glenda to deed the property over to -- MS. CURLEY: Yes. MR. LEFEBVRE: -- Mr. Herrera and move forward. MS. CURLEY: Yes. MR. LEFEBVRE: But that hasn't happened. It seems like this is just dragging the case along, and I feel it's unwarranted. I make a motion to deny the extension or continuance. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We have a motion and a second to deny the extension. Any comments from the Board? MS. CURLEY: I just -- I disagree with that action. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: It's not going to help the property. CHAIRMAN KAUFMAN: You can vote that way. Okay. All those in favor? MS. ELROD: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. Page 13 January 25, 2017 MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Okay. It won't be extended? It will be heard today. MR. MUCHA: Actually, it was continued until February, so I guess, would it be on next month's? CHAIRMAN KAUFMAN: It would be on next month's. Okay. And as far as the other portion of this, as far as an abatement of the fines, until that portion is completed, we can't go to this. MR. MUCHA: Correct. CHAIRMAN KAUFMAN: Okay. You understand what we've done? MS. NICOLA: Point of clarification. If this isn't on till next month, then why are we doing an order granting or denying it this month when it's not even ripe for consideration? That's what I'm worrying about as the attorney. CHAIRMAN KAUFMAN: Because it was brought forward to this meeting. It was prepared and brought forward, I guess, with the approval of the respondent; is that correct? MR. MUCHA: This was on behalf of Glenda Gonzalez, so... CHAIRMAN KAUFMAN: She wanted -- MR. MUCHA: He was unaware of this, right? MR. HERRERA: Yeah, I was unaware. MS. NICOLA: So she's looking for a continuance for next month's meeting? Because if this isn't set until next month, it's just -- it's a little odd to me to be preparing an order for next month's meeting. MR. MUCHA: I've not spoken to this lady, so I don't even know where they got a lot of this stuff from, so... MS. ADAMS: Mr. Chairman, if I may, the attorney wanted the Page 14 January 25, 2017 motion for extension of time on this agenda before we scheduled it for imposition of fines in February. They knew that that date was coming up. He wants the fines to stop until the divorce is finalized. So that was the whole reason why he submitted a motion for extension of time now. So if it's denied, then they're still granted a continuance till February, so the case will still be scheduled in February as we normally would. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Maybe she could show up in February and explain to us -- MS. CURLEY: Maybe he could bring a deed that he owns the property from her now that she knows -- MS. NICOLA: Wearing the divorce lawyer hat, I understand why you would do that, because if he's going through a divorce, they're looking at the potential code fines as a marital debt, and so he's probably thinking that would be something to be addressed in divorce court. But the problem is, from where I'm sitting with the code enforcement hat is, procedurally, the case isn't really ripe for determination until February. So filing a motion right now, it seems to me, a little premature to even consider it. I would suggest rolling it to the next meeting. MS. ADAMS: Well, their compliance date has already passed, so they're accruing fines at this point. So it's not like their compliance date hasn't come up yet. It already has come up. The continuance -- it was just continued to February. CHAIRMAN KAUFMAN: The continuance to file -- the fines continue to accrue. MS. ADAMS: Right. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: It would be nice to have the attorney that's representing the other half of this property show up to help us Page 15 January 25, 2017 understand what they're trying to do. CHAIRMAN KAUFMAN: Okay. MS. NICOLA: I think I'm going to suggest, then, that what we do is we just deny the request for extension of time and leave it as it is scheduled for February. I think that makes the most sense to me, instead of-- CHAIRMAN KAUFMAN: We've done -- the first part of what you have just said has been done. MS. NICOLA: Okay. CHAIRMAN KAUFMAN: Okay. So the continuance has been denied. So the date for the next meeting is when this case would ordinarily come up? MS. ADAMS: Yes. CHAIRMAN KAUFMAN: And should the respondent be able to complete all the work, doubtful as that is, it possibly could be completed, and they would be in a position to ask for a reduction in fine or an abatement, so... I think that's kind of the best of both worlds. It's -- is there any chance in the world of you getting this done before the end of February? MR. HERRERA: I think so. CHAIRMAN KAUFMAN: That would be great. MR. HERRERA: Okay. CHAIRMAN KAUFMAN: Okay. Okay. Thank you. Thank you, sir. MR. MUCHA: Thank you. MS. CURLEY: Keep your receipts. MS. ADAMS: Okay. The next case is from Letter B, Stipulations, No. 8, Tab 9, CESD20160002295, Destiny Church Naples, Incorporated. (The speaker was duly sworn and indicated in the affirmative.) Page 16 January 25, 2017 CHAIRMAN KAUFMAN: Looks like you're by yourself today. MS. PEREZ: I am. The registered agent who I met with yesterday did advise that he would not be able to be present today. CHAIRMAN KAUFMAN: Okay. Why don't you state your name on the mike for the record. MS. PEREZ: For the record, Code Enforcement Supervisor, Cristina Perez. CHAIRMAN KAUFMAN: Okay. You want to read the stipulation into the record? MR. PEREZ: Yes, sir. This is in reference to Case No. CESD20160002295. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of$64.59 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by the following: 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 $150 per day will be imposed until the violation is abated; The respondent must also notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform an inspection to confirm compliance; And, lastly, if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. A hundred and twenty days, you think, is sufficient time to get everything done? MS. PEREZ: We did explain the process of-- in the event that, you know, they get stuck somewhere, that they may request more additional time from you if that's necessary. • Page 17 January 25, 2017 CHAIRMAN KAUFMAN: Okay. Great. Any comments from the Board? MR. ASHTON: Make a motion to accept the stipulation as written. MR. LAVINSKI: 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? MS. ELROD: Aye? MS. CURLEY: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thanks, Cristina. MS. PEREZ: Thank you. MS. ADAMS: The next Stipulation is No. 3 from Hearings, Tab 4, Case CELU20160010501, Anthony V. Piccirilli Estate. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. MR. HARMON: Good afternoon. For the record, Chris Harmon, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of$64.59 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by: Obtaining all required Collier Page 18 January 25, 2017 County building permits or demolition permit, inspections and certificate of completion/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 costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Sir, could you state your name on the microphone? MR. MULLER: Yes. My name is Mark Muller. I'm the attorney for Daniel C. Kirchhoff, who is the personal representative of the Estate of Anthony Piccirilli. CHAIRMAN KAUFMAN: Okay. And you've heard the stipulation. Any problem with that? MR. MULLER: No, sir. CHAIRMAN KAUFMAN: Okay. Any comments from the Board? MR. ASHTON: They just have to get the permits? I mean, everything's done? It just has to be -- MR. MULLER: No. The work needs to be completed as well. MR. ASHTON: Oh, it isn't completed. Okay. MR. MULLER: Yes. CHAIRMAN KAUFMAN: Okay. Any other comments from the Board? MS. LAVINSKI: Well, is this going to result -- is this a residential use in an industrial zone? MR. HARMON: No. It's to return it to industrial use. It was Page 19 January 25, 2017 converted to residential use without a permit. MS. LAVINSKI: Oh, okay. It's going back to industrial? MR. HARMON: Correct. CHAIRMAN KAUFMAN: Okay. Any other questions? (No response.) CHAIRMAN KAUFMAN: Any motion from the Board? MR. LAVINSKI: Motion to accept as written. MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: 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. MR. HARMON: Thank you. MR. MULLER: Thank you. MS. ADAMS: The next Stipulation is No. 5 from Hearings, Tab 6, Case CESD20160007819, Manfred Dunker. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Art? MR. FORD: Good afternoon. Arthur Ford, Collier County Code Enforcement. CHAIRMAN KAUFMAN: You want to read the stipulation into the record? MR. FORD: It is agreed between the parties that the respondent Page 20 January 25, 2017 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/occupancy within 90 days of this hearing, or a fine of$200 per day will be imposed until the violation's abated; Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; That if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of Collier County Sheriffs Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Sir? MR. DUNKER: Yes. CHAIRMAN KAUFMAN: Do you have any comment that you'd like to make? MR. DUNKER: No. I completely agree to abate the problem. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone? MR. DUNKER: My name is Manfred Dunker. CHAIRMAN KAUFMAN: Okay. Very good. All right. Any questions from the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none, any motions from the Board? MR. LAVINSKI: Motion to accept. CHAIRMAN KAUFMAN: We have a motion. MR. ASHTON: Second. CHAIRMAN KAUFMAN: And a second. Any discussion on Page 21 January 25, 2017 the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: 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. DUNKER: Thank you. CHAIRMAN KAUFMAN: If you have a problem making the date, come back ahead of time, okay? MR. DUNKER: Thank you. CHAIRMAN KAUFMAN: Okay. MS. ADAMS: The next case is from No. 6, Old Business, Letter A, Motion for Imposition of Fines/Liens, No. 1, Tab 10, Case CESD20140010232, Mansolillo IRA, LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the mike? MS. AREVALO: Elisa Arevalo. CHAIRMAN KAUFMAN: Okay. You could pull it down further. The other guy was tall. Okay. This is an oldy but a goody. MR. LETOURNEAU: It is. I would defer to the Board to let the young lady speak first. Maybe she has some information you might Page 22 January 25, 2017 want to hear before I go into my spiel. CHAIRMAN KAUFMAN: Okay, fine. MS. AREVALO: We got the certificate of completion for both buildings at the end of December; however, Jeff called and said that there was still an issue with the fence, which was an existing fence but it had been knocked down. And when they started fixing the property and putting the A/C and all that in there, they repaired it and put it back up. I personally was not aware, and Mr. Mansolillo was not aware, that he had to get another permit because it was an existing fence, and so we had to wait for the person that had a copy of the survey, which was one of the requirements from the county, to come back from vacation. He didn't come back until the 15th of January. And since then I've been going back and forth with the county trying to get all the paperwork together. It's in. She said it was going to take a few days for them to approve it, and we can get that inspected and get it over with. CHAIRMAN KAUFMAN: Okay. Just for my -- for my own sake, you are -- this is a property that was held in an IRA? MS. AREVALO: Yes. Mr. Mansolillo had an appointment with the veterans in Petersburg, that's why he's not here today, and he could not miss it because he's been really sick, so... CHAIRMAN KAUFMAN: And you have the ability to speak? MS. AREVALO: I do; yes, sir. CHAIRMAN KAUFMAN: Okay. Do you have a notarized letter, or we'll take your word for it? MS. AREVALO: I've been here almost every time -- CHAIRMAN KAUFMAN: I understand. MS. AREVALO: -- and I know that the county has something notarized that I can bring everything into them. MR. LETOURNEAU: I don't know of any official letters, but I Page 23 January 25, 2017 do remember you from that day coming in there and trying to get the fence permit. I don't know if that helps, but at this point -- CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: -- it's been going on for so long. They do have the fence permit applied for. The county wouldn't object to bringing this back another month. I do believe there was some confusion on Mr. Mansolillo's part about the fence. MR. LEFEBVRE: Could we just have it withdrawn? MR. LETOURNEAU: Okay. That's okay, Kerry? We'll withdraw it until next month. If the fence permit is taken care of, it will be a done deal, and we'll come back again. CHAIRMAN KAUFMAN: It will come back as an abated rather MR. LETOURNEAU: Right, exactly. CHAIRMAN KAUFMAN: -- than has not been abated. MS. AREVALO: And that's why I stated both buildings are -- we have the certificate of completion. So it's just the fence issue now. CHAIRMAN KAUFMAN: Okay. So you'll be back at the next meeting, and you can request whatever you'd like to request at that time. MS. AREVALO: It will be done by then. She said it was going to be about five days, and then I can call in the inspection, so... CHAIRMAN KAUFMAN: Okay. Very good. So they're withdrawing the case now. Come back. Everything should be done, and you can request a reduction in fine or abatement or whatever. MS. AREVALO: Great. Thank you so much. MR. LETOURNEAU: Thank you. MS. ADAMS: The next case is No. 4, Tab 13, Case CESD20150015096, UV Cite, LLC. CHAIRMAN KAUFMAN: Okay. The revised tab that's been on all of our positions when we came in changes the violation. It wasn't Page 24 January 25, 2017 abated is now abated, and the previous operational costs have now been paid, okay. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Sir, could you state your name on the mike. MR. ARAUJO: Sure. Robert Araujo (phonetic) representing UV Cite. CHAIRMAN KAUFMAN: You're representing? MR. ARAUJO: UV Cite. CHAIRMAN KAUFMAN: Okay. This was an air conditioning change-out without the required permits, inspections, and CO, which has all been done since, I assume? MR. ARAUJO: Correct. CHAIRMAN KAUFMAN: And you're here to? MR. ARAUJO: Grant me extension so we can get it done, we complied, now I'm asking if you can please waive the fines. CHAIRMAN KAUFMAN: Okay. Any discussion from the Board? From the county, for that matter, first? MR. ASHTON: I've got one question. Was -- this air conditioner, did you do it, or did you have a company come and do it? MR. ARAUJO: We hired -- we are based in Miami. We hired a contractor to do it. He opened up a permit, but he never closed the permit. MR. ASHTON: I was going to say, aren't they mandating the companies to get it? Air conditioning companies are supposed to handle that. MR. LEFEBVRE: If I remember correctly, that company went out of business and you had to get another company to kind of-- MR. ARAUJO: Correct. And you guys -- MR. LEFEBVRE: -- look over their work and kind of warranty their work. Page 25 January 25, 2017 MR. ARAUJO: Correct. MR. LEFEBVRE: I make a motion to abate the fme. MS. CURLEY: I 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? MS. ELROD: Aye. MS. CURLEY: 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. MR. ARAUJO: Thank you. Have a good day. MR. LEFEBVRE: You, too. MS. ADAMS: The next case is No. 7, Tab 16, Case CESD20150024661, Theodore Canales. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone. MR. CANALES: Adam Canales. CHAIRMAN KAUFMAN: Okay. Unless I'm wrong -- perish the thought -- it says -- this is the handout that was at our positions as well -- that the violation has been partially abated. But the previous operational costs have not been paid. Is that your understanding? MR. LOPEZ-SILVERO: Yes, sir. Page 26 January 25, 2017 For the record, Steven Lopez-Silvero, Collier County Code Enforcement. This was a two-part order. This case came before you back in August 26th, 2016. The first part of the order was to first obtain the permit within 30 days, and the second part of the order was to have the CO within 120 days, if I'm not mistaken. The first part of the order has been abated. The gentleman, or the respondent, has obtained his permit. It's just pending inspections and a CO. CHAIRMAN KAUFMAN: Okay. And as far as the operational costs, they have not been paid; is that correct? MR. LOPEZ-SILVERO: They have not been paid. The respondent wasn't aware, but I explained to him he should pay soon. CHAIRMAN KAUFMAN: Okay. The operational costs are generally paid before we hear any request for anything. So are you in a position to pay the operational costs today? MR. CANALES: Of course. CHAIRMAN KAUFMAN: Okay. MR. CANALES: I was not aware of it. CHAIRMAN KAUFMAN: No, I understand. Okay. So Steven will be able to assist you and point you in the right direction as far as that's concerned. So you are here to request what? MR. CANALES: More time. CHAIRMAN KAUFMAN: More time? How much more time do you think you need? MR. CANALES: I'll say 60 days. CHAIRMAN KAUFMAN: What needs to be done on the exterior of the building to get your CO? MR. CANALES: I don't know much about it, but I almost got it all completed. I got to put some steps and the floor. Page 27 January 25, 2017 CHAIRMAN KAUFMAN: Is that inside or outside? MR. CANALES: Inside. CHAIRMAN KAUFMAN: Okay. MR. CANALES: Inside. And put my sink and the water, and I'm done. CHAIRMAN KAUFMAN: Okay. So you think -- MR. CANALES: But the gentleman, the contractor, he got in an accident. That's why I've been holding up. He's real -- he's hurting. CHAIRMAN KAUFMAN: Are you going to stay with that same contractor -- MR. CANALES: Yes. CHAIRMAN KAUFMAN: -- or does he have somebody -- okay. And you think you can get everything done in 60 days? MR. CANALES: Oh, yes, sir. CHAIRMAN KAUFMAN: Okay. So you're requesting a 60-day continuance, if you will. Any comments from the Board? MS. CURLEY: I have a question. So should we manage Part B? Can we abate Part B? May I make a motion to abate Part B, I guess, is my question, and then we only have Part C to deal with? No. CHAIRMAN KAUFMAN: This is all together now on this one order. MR. LAVINSKI: One case. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: Other comments from the Board? MR. LAVINSKI: So we're just basically granting a 60-day extension. CHAIRMAN KAUFMAN: Continuance. MR. LAVINSKI: Continuance, right. MR. LEFEBVRE: With the expectation that the 65.01 and the 63.33 would be paid. Page 28 January 25, 2017 CHAIRMAN KAUFMAN: Be paid today, right. MS. CURLEY: 128.34 needs to be paid today. MR. LEFEBVRE: Thank you. CHAIRMAN KAUFMAN: Okay. MR. LAVINSKI: All right. I'll make that motion to continue for 60 days -- MR. ASHTON: Second. MR. LAVINSKI: -- providing that the operational costs are paid today. CHAIRMAN KAUFMAN: Okay. The second, did you agree to that? MR. ASHTON: I agree. CHAIRMAN KAUFMAN: Okay. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: 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. You have 60 days. If you can't get it done in 60 days, come back. MR. CANALES: It will be done. I can promise you that. MR. LAVINSKI: We've heard that plenty of times. MR. CANALES: You-all have a good day. Page 29 January 25, 2017 CHAIRMAN KAUFMAN: Thank you. You, too. MS. ADAMS: The next case is No. 8, Tab 17, Case CEROW20150014167, John E. Price. (The speakers were duly sworn and indicated in the affirmative.) MR. PRICE: John Edward Price. CHAIRMAN KAUFMAN: Very good. MR. PRICE: I figured since you asked everyone else, I'd be fast. CHAIRMAN KAUFMAN: I appreciate that. Why don't you let us know -- it looks like the violation has been abated, but I'll let you go on from there. MR. PRICE: I don't know what to say. I mean, it went from a functioning situation to a non-functioning situation. It created a hazard for children and anybody who rides a bike near my property. And come next summer during the rainy season when the water table is saturated, I'm going to have standing water in the front yard. So it will be a breeding ground for mosquitoes. CHAIRMAN KAUFMAN: You would think that somebody someplace would know that water goes downhill and the engineering would be as such so that wouldn't happen. MR. PRICE: Well -- CHAIRMAN KAUFMAN: But I leave that to you to resolve with the folks on Horseshoe Drive if you need to modify it. MR. PRICE: Well, it can't be modified because my -- the swale is now 22 inches lower than my neighbor's culvert where previously it was at the same level, and it functioned, moved the water down to where it was supposed to go, but now it's just -- it's a holding pond, retention pond for mosquitoes really. It cost me half of my savings. CHAIRMAN KAUFMAN: I had a similar situation at my house several years ago, and the folks at Horseshoe worked it out by putting a culvert across the road or whatever. I suggest that -- MR. PRICE: Haha. Page 30 January 25, 2017 CHAIRMAN KAUFMAN: Not that you're passing the water onto somebody else, but maybe the other side of the road it would flow better; I don't know. MR. PRICE: If you can get the county to come out and put a new culvert in where the swale is and backfill it, I would appreciate that. CHAIRMAN KAUFMAN: Well, I'm going to leave that -- MR. PRICE: I'll send you a Christmas card next year. CHAIRMAN KAUFMAN: I'll leave that to you to work with them. But in the meantime -- MR. PRICE: No. I've tried to work with them, and it's just, you know, the glazed eye look and say, well, you know, you're not in compliance, and you have to -- you have to take care of this. And I did take care of it. Now the situation's worse. CHAIRMAN KAUFMAN: You need to get up to a level of somebody who will listen. You have a commissioner. MR. PRICE: Alicia Humphreys, I talked to her. She's supposed to be the head site planner, and she told me that she was under the assumption from the code enforcement officer that I couldn't even get in my driveway because the culvert underneath had collapsed. And I straightened her out on that where there was no problem, and she promised to send somebody out to talk to me and look at the situation. No one ever showed up. But about two weeks ago I had this letter, you know, requesting me to come down here on the 25th, and it was taped to my front window. So it's almost impossible to get ahold of anyone. I've talked or I've called, I think his name is, Patrick Baldwin about four or five times over the last six months, and he never answers the phone. There's an answering machine and I leave a message with all the information, and he's never called me back. Now I find out he has a broken leg or something. He was involved in an accident. This gentleman here returned my call. He was very nice. He said Page 31 January 25, 2017 he would send someone out, a senior official to look at the situation, and, you know, maybe get in touch with my neighbor and have them in, I guess, go through the same process I went through. But for now, it really is -- it hasn't been taken care of. It just cost me a lot of money and -- CHAIRMAN KAUFMAN: Well, let me get back to this case right here. You're here to request something, I'm sure. MR. PRICE: Yeah. According to -- I'm sorry. I forgot your name. MR. SHORT: For the record, Investigator Eric Short, Collier County Code Enforcement. MR. PRICE: Eric told me I've run up a tab of around 21,000 and change. CHAIRMAN KAUFMAN: Right. MR. PRICE: So it would be nice to have that lifted from my shoulders. CHAIRMAN KAUFMAN: So you're asking for the fines to be abated? MR. PRICE: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Make a motion to abate. MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion and a second to abate the fines. All those -- any discussion on it? MR. LAVINSKI: Yeah. I have a question of Eric. Is this -- has the violation been corrected regardless of what it may have caused? MR. SHORT: Yes, has been corrected, and the culvert and drainage swale, with his property in particular is in compliance. I am having Road Maintenance Department look into the neighboring property. MR. LAVINSKI: Okay. Thank you. Page 32 January 25, 2017 CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: 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. The $21,514.17 is gone. MS. CURLEY: Don't go. CHAIRMAN KAUFMAN: If I were in your shoes -- MR. PRICE: Do I get a check or something? CHAIRMAN KAUFMAN: -- there is always somebody at Horseshoe who is above somebody else. But if you're working with Eric, I'm sure he'll point you in the right direction. MR. PRICE: Well, I don't know. This has been, like, 18 months I've gone through this. I even went down there and sat, you know, for about an hour until Ms. Humphreys came out and talked to me, because they said he wasn't going away. And, you know, she told me what I wanted to hear, but nothing ever came of it. So I'm kind of disappointed. CHAIRMAN KAUFMAN: Okay. You'll take care of him, Eric? MR. SHORT: I will take care of it. I'll have you a response by the end of the week. MR. PRICE: All right, Eric. Thank you. MS. CURLEY: Thank you. CHAIRMAN KAUFMAN: Thank you. MS. ADAMS: The next case is No. 9, Tab 18, Case Page 33 January 25, 2017 CESD2015004083, Elba Serrano Morales. (The speaker was duly sworn and indicated in the affirmative.) MR. LOPEZ-SILVERO: I'd like to add something. Ms. Morales needs a translator. CHAIRMAN KAUFMAN: Okay. And could you handle that? MR. LOPEZ-SILVERO: Yes. We do have one. CHAIRMAN KAUFMAN: Danny. Okay. (The interpreter, Danny Blanco, was duly sworn to translate from English to Spanish and Spanish to English to the best of his ability.) (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Ordinarily we would have the respondent go first. Ask her -- I'm looking at the case, and it says that the violation has not been abated. She's the respondent on this case, and she is here to ask us for something or discuss this or... THE INTERPRETER: She is asking for an extension of time. CHAIRMAN KAUFMAN: Okay. How much time does she think she will need? THE INTERPRETER: About five months. CHAIRMAN KAUFMAN: I have one question of the county. Is there a zoning issue here, or that's not part of this? This says residence has been converted into three dwelling units with a separate bathroom and kitchen. Each unit has only one door to get in and out of it. And all of this was done without a building permit. So I understand the work that probably would need to be done, but does this have a zoning component which would, I know, delay this a lot? MR. LOPEZ-SILVERO: The dwelling's being restored back to a single-family. CHAIRMAN KAUFMAN: It is? MR. LOPEZ-SILVERO: Yes. CHAIRMAN KAUFMAN: Okay. So then the zoning issue is Page 34 January 25, 2017 not an issue? MR. LOPEZ-SILVERO: That's correct. CHAIRMAN KAUFMAN: Okay. And, Ms. Serrano, you believe that, five months, you can have all of this done? THE INTERPRETER: She believes so, yes. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? MS. CURLEY: I have one. If it's been converted back, what's outstanding? MR. LOPEZ-SILVERO: Actually, the contractor -- she's hired a contractor, the same contractor who was involved in an accident on the previous other cases. The permit has been obtained and is currently pending inspections. MS. CURLEY: Okay. So the complex has been converted back to a regular single-family home? MR. LOPEZ-SILVERO: Yes, ma'am. MS. CURLEY: Okay. So five months is to benefit the injured contractor? MR. LOPEZ-SILVERO: That's correct, ma'am. CHAIRMAN KAUFMAN: Has the work been done? MR. LOPEZ-SILVERO: Work has commenced, yes. CHAIRMAN KAUFMAN: Okay. But it's not done? MR. LOPEZ-SILVERO: Not completed, no, sir. CHAIRMAN KAUFMAN: Okay. So five months, hopefully, will be enough time for the contractor to heal and to get the work done and get the permits signed off on. MR. LOPEZ-SILVERO: Hopefully, yes. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: It seems like a lot of contractors have been in accidents. CHAIRMAN KAUFMAN: It's the same one. Page 35 January 25, 2017 MS. CURLEY: It's the same one. CHAIRMAN KAUFMAN: He's just very busy. MS. CURLEY: The same contractor in Immokalee. This is horrible. CHAIRMAN KAUFMAN: The same one. He's busy. MR. LOPEZ-SILVERO: He's a well-known general contractor out there in Immokalee. So, yes, he gets a lot of work. CHAIRMAN KAUFMAN: You can put him together with Patrick, right? MR. LEFEBVRE: Maybe they were in the same car accident. CHAIRMAN KAUFMAN: Okay. Anybody like to -- MR. LAVINSKI: I'll make a motion to continue the case for five months. MS. CURLEY: I'll second that. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? MR. LEFEBVRE: Five months seems like an awful long time since there was a stipulated agreement back in May. I can't agree to it. CHAIRMAN KAUFMAN: Okay. Any other comments? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? MR. LEFEBVRE: Opposed. CHAIRMAN KAUFMAN: Okay. Five months has been granted. If you can't get it done in five months, I suggest that you get Page 36 January 25, 2017 back to Steven. I'll let you translate. MS. SERRANO: Thank you. MS. NICOLA: Bob, is this an extension or continuance? CHAIRMAN KAUFMAN: Continuance. MS. NICOLA: Continuance. Thank you. MS. SERRANO: Gracias. MR. LOPEZ-SILVERO: Thank you. MS. ADAMS: The next case is No. 10, Tab 19, Case CEAU20160014024, K&R Hometech, LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. This looks like it was an unpermitted fence. For some reason I remember barbed wire from the last time. And you are here to? MS. ROJAS: Yes. Maria Rojas. Can I show you a picture of the lot that we have? CHAIRMAN KAUFMAN: Okay. I need a motion to accept. MR. LAVINSKI: Motion to accept. MR. ASHTON: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: 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. Jim, you want to take a look at that and see if that's the property. MR. KINKAID: For the record, Jim Kincaid, Collier County Page 37 January 25, 2017 Code Investigator. And I have seen the picture, and I have no objection. CHAIRMAN KAUFMAN: Okay. MS. ROJAS: This is a picture of the lot that we are starting the new construction on that one. And we have a contractor. He's taking care of all the landscaping, but he was cleaning the lot two houses down. It's been -- in the picture you see -- see the picture, the little arrow, that's the one from KR, and the next one, three houses down, is the one who been cleaning. So we were cleaning somebody else lot. But I was away on the first hearing. I was out of the country, but I came back. I think my attorney spoke to Jim, and as soon as we come back on Tuesday, Wednesday everything was done, because pretty much was kind of three or four -- four by four with -- I didn't even know the lot. I was thinking, and I put the sign in the lot. It was wrong, but I guess the owner never reject or never say "this is my lot," you know. But it was -- it was very messy. I asked the title company, you know, what is the parcel number, because there's no address, so -- and they came and -- I guess that was -- but we are taking care of it because we are submitting the permit to start the construction on that. CHAIRMAN KAUFMAN: Okay. I see it says in the writeup that the violation has been abated. MS. ROJAS: Yes. CHAIRMAN KAUFMAN: Okay. And if you want to build another fence, you can come over to my house but -- okay. So it has been abated, and you're here to request? MS. ROJAS: Abate the fines. CHAIRMAN KAUFMAN: You want the signs abated, okay. MS. ROJAS: We already paid whatever we have to pay the county. CHAIRMAN KAUFMAN: Okay. That says that as well, that the previous assessed operational costs have been paid. Page 38 January 25, 2017 MS. ROJAS: Yes. CHAIRMAN KAUFMAN: So you are requesting of the Code Enforcement Board to abate the fine? Okay. Discussion from the Board? MR. LAVINSKI: Is that what -- Jim, do you agree that this is all done and settled? MR. KINKAID: Yes, sir. The fence has been removed, and the lots been cleaned up. So I think it was just a confusion somewhere along the line on which lot the lady actually owned. And so they've been looking at a completely different lot, and we've been sending them all these notifications. And every time they send somebody out there, they're going to the wrong lot, and there's no violation there. So after taking -- CHAIRMAN KAUFMAN: They cleaned two lots instead of one. MR. KINKAID: Do what, sir? CHAIRMAN KAUFMAN: They cleaned two lots? MR. KINKAID: Well, I guess now they have. But, anyway, taking your suggestion to contact a lawyer, and I did, and I assumed that he contacted her when she got back into the country, and they got the folio straightened out, and the problem's resolved. MS. CURLEY: Oh, you contacted the registered agent. CHAIRMAN KAUFMAN: Okay. Any -- MR. LAVINSKI: Make a motion to abate the fine. CHAIRMAN KAUFMAN: We have a motion -- MS. CURLEY: Second. MR. ASHTON: Second. CHAIRMAN KAUFMAN: -- and a second to abate the fine. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. Page 39 January 25, 2017 MS. CURLEY: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you very much. MS. ROJAS: Thank you. MR. KINKAID: Thank you. CHAIRMAN KAUFMAN: Thank you, Jim. MS. ADAMS: The next item on the agenda is No. 8, Consent Agenda, the request to forward cases to the County Attorney's Office, and you should have that document in front of you. CHAIRMAN KAUFMAN: Yes. MR. LAVINSKI: Motion to forward. MR. LEFEBVRE: I have a couple questions before we do. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: I know there's been a lot of pointed contention with Mr. George, which is Pee-Wee's Dumpsters. What is the benefit to sending this to the County Attorney? Will they actually start the foreclosure process? MS. CURLEY: Yeah, it says homestead. They'll at least lien it. MR. LEFEBVRE: It says it's not homesteaded. Okay. And how about Mr. Tannassee? It was a house that he was building. If something -- and I'm not -- it might be homesteaded now or this coming year it will be homesteaded, but he couldn't homestead it last year because it was under construction. What happens when a place -- we hear a case, it's not under Page 40 January 25, 2017 homestead, but then it becomes homesteaded with a tax lien? MS. CURLEY: You've got to ask an attorney. CHAIRMAN KAUFMAN: It there was no -- if it wasn't homesteaded, it wasn't homesteaded. MS. CURLEY: You've got ask an attorney -- you've got to ask an attorney. CHAIRMAN KAUFMAN: Ask Tami. MS. CURLEY: You've got to ask a real estate trust attorney. MS. NICOLA: You guys know what I do during the day; I do divorces. So do I know the answer to that question? Maybe 20 years ago when I took Real Property in law school, but I do not know the answer to that question. I could find out the answer to that question. But I don't know what this board would have to do with it anyway because it goes to the County Attorney's Office, and they make that decision. MS. CURLEY: It doesn't matter. It becomes a lien anyway, so it doesn't matter. Either way, whether it -- if you foreclose -- if you put the lien on the house, you're not going to foreclose on it because it's their homestead. It doesn't matter. When they go to sell it, this lien will last 10 years. And the county will renew this lien every 10 years until this person either dies or moves, and then we'll get our money; no question about it. That's what public record's for. CHAIRMAN KAUFMAN: Okay. Any other questions on sending this to the attorneys? (No response.) CHAIRMAN KAUFMAN: Now you want to restate your motion? MR. LAVINSKI: Yeah. I'll make a motion to send these six items to the County Attorney. CHAIRMAN KAUFMAN: Okay. Do we have a second? MR. ASHTON: Second. Page 41 January 25, 2017 CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: 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 reports. Any reports? (No response.) CHAIRMAN KAUFMAN: Next meeting is Thursday, an unusual day for a meeting, February 23rd at nine a.m. We're back to square one. MS. CURLEY: I like it in the morning better. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion to adjourn? MR. ASHTON: Motion to adjourn. MR. LAVINSKI: I've got one question for Jeff. Jeff, do you ever get a response about this? Do you ever know what really happened? Did anything happen? Did it get abated? These cases that we send -- I was watching the County Commission meeting one day, and the County Attorney made a statement that kind of, you know, said we're wasting our time. But do you get a report? Do you know anything about -- MR. LETOURNEAU: Personally, they don't really tell us what Page 42 January 25, 2017 their plans are for these cases. I can't really speak for the County Attorney on them. They are -- we do our job, move them up to you, you guys move them up there, and I know they look at them. I don't know if some of these rise to the level of them going for foreclosure. I think they have -- it all depends on the health and safety issues of the violations. CHAIRMAN KAUFMAN: I have read -- MR. LETOURNEAU: And, obviously, homesteading and a bunch of other factors. CHAIRMAN KAUFMAN: I have read the consent -- MR. LAVINSKI: Right. CHAIRMAN KAUFMAN: -- portion of the Collier County Commissioner's meeting, and these are included in there. But most of the time, if not almost every time, it's just on the consent. MR. LETOURNEAU: Are we talking about when they abate and they come back in to -- yeah. Oh, we do a lot -- yeah, we do a lot of those. CHAIRMAN KAUFMAN: Yeah. MR. LETOURNEAU: Is that what you were -- I'm sorry. I thought you were talking about foreclosures. MR. LAVINSKI: Well, just status. Do they get abated? MR. LETOURNEAU: A lot of them get abated. And, like, they go to sell the property or, you know, somebody wants to buy the property, a lien -- this lien search comes up, and then stuff starts moving at that point. You know, when money wants to be changed hands and there's this big county lien on the property, stuff gets done at that time, and they come in, they ask for, you know, an abatement, just like they come in here. And nine times out of 10, I mean, depending on, you know, what the circumstances were, the Board will waive the fines. MR. LAVINSKI: Okay, I guess. Page 43 January 25, 2017 CHAIRMAN KAUFMAN: Okay. We have a motion to adjourn. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We're adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:00 a.m. CODE ENFORCEMENT BOARD -4,1/477 AWN 44#. •BER • .'. MAN, CHAIRMAN These minutes approved by the Board on y 3 J t , as presented V or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 44