Spec Master Minutes 01/07/2005
January 7,2005
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY CODE ENFORCEMENT SPECIAL MASTER
Naples, Florida, January 7, 2005
LET IT BE REMEMBERED, that the Collier County Code
Enforcement Special Master in and for the County of Collier, having
conducted business herein, met on this date at 8:30 AM in REGULAR
SESSION in Building "F of the Government Complex, East Naples, Florida,
with the following members present:
SPECIAL MASTER: Honorable Brenda Garretson
COUNTY STAFF PRESENT: Leonardo Bonanno,
Secretary to the Special Master
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COLLIER COUNTY CODE ENFORCEMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
280() N. Horseshoe Dr. .
Naples. Florida 341 ()4. 23()-403-2440. FAX 23<J-403-n43
Hearing of the Special Master
January 7, 2005 8:30 A.M.
HEARING AGENDA
A. Call to Order
i. Special Master Brenda Garretson Presiding
ii. Hearing Procedures
B. Collier County Sheriff's Office - Parking Bureau
i. BCC VS. Michael Murphy - Case SO 116451
ii. BCe vs Linda Haines - Case SO 141301
iii. BCC VS. MarQaret Shaffer - Case SO 134396
iv. BCe VS. Ruset Patrascu - Case SO 140592
C. Collier County Code Enforcement
v. BCC VS. Roberto Bollt. Taylor SQuare- Case CO 2004100813
vi. BCe VS. Esperandeau Civil - ease CO 2004100408
D. Adjourned - Next Hearing Scheduled for February 7,2005
January 7, 2005
HEARING OF THE CODE ENFORCEMENT BOARD
SPECIAL MASTER
January 7, 2005 - 8:30 AM
HEARING SUMMARY
I. CALL TO ORDER:
The Hearing was called to order by Special Master Brenda Garretson at
8:47 AM.
All those who testified at today's proceedings did so under oath.
II. HEARINGS:
A. Collier County Sheriff's Office - Parking Bureau
BCC vs. Linda Haines - Case SO 141301
This hearing was requested by the Defendant A handicap placard was not
visible at the time of the citation but was produced for Officer Turi at the hearing.
The defendant was unaware having a valid permit could be waived for $5.00 if
she would have come forward previously. Operational cost is $51.00.
Citation SO 141301 and the associated operational costs were DISMISSED.
BCC vs. Mare:aret Shaffer - Case SO 134396
This hearing was requested by the Defendant Deputy Zucker reported a parking
citation was issued to Margaret Shaffer on May 15, 2004. He asked to have the
case dismissed and waive the costs as she has a handicap permit Operational cost
is $51.00.
Citation SO 134396 and the associated operational costs were DISMISSED.
BCC vs. Michael Murphv - Case SO 116451
The Defendant, who requested the hearing, was present The issuing Officer, Cpl.
Tom Corniola was not present.
Citation SO 116451 was DISMISSED.
BCC vs. Ruset Patrascu - Case SO 140592
Defendant was not in attendance; being he is an out-of-state resident a written
statement was submitted. The Special Master read the Defendant's letter, in
which he claimed to have a valid permit at the time the citation was issued.
Officer Lawrence Keller had issued a ticket for an expired meter. Officer Keller
stated there wasn't a permit or sticker visibly affixed anywhere on the vehicle.
The Defendant wasfound GUILTY and ordered to pay the citation in tlte
amount of $30. 00 + $51.00 Operational Costs for a total of $81. 00. Payment is
to be paid on or before February 7,2005.
B. Collier County Code Enforcement
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January 7,2005
BCC vs. Roberto Bollt. Tavlor Square - Case CO 2004100813
Code Enforcement Investigator Jeff Letourneau requested this hearing. The
defendant was present with legal counsel.
Investigator Letourneau reported Orange Tree Utility is running their business out
of a Model Home in Orange Tree. He is willing to work with the Defendant on
trying to change their PUD and obtain the proper permits for operating the
business within a reasonable amount of time.
Burt Saunders, Attorney with Gray/Robinson Attorneys At Law, is representing
the Defendant. He gave a history in which the building operations were moved to
another location and contracted to a third party. This created an inconvenience
for their customers. Moving the operation would result in significant rate increase
to the customers. They can correct the problem by: 1) Existing Amendment to
PUD, 2) Have hearing in front of Collier County Water/Wastewater Authority to
consider what is an essential service and, 3) request for a zoning verification
letter, but confident it will not be obtained.
Mr. Saunders requested a continuance of this case until the May 20,2005 Special
Master Hearing to allow the defendant time to appear before the Board of County
Commissioners.
Tlte defendants request for a continuance was GRANTED. Tltis matter will be
re-Iteard on May 20, 2005.
BCC vs. Esperandeau Civil- Case CO 2004100408
Code Enforcement Investigator Jean Nadeau and Mr. Esperandeu Civil are both
present.
This case was heard on November 15,2004. This re-hearing was requested after
Mr. Civil allegedly violated the order issued on that date. This second hearing
was requested by Investigator Nadeau to impose fines in accordance with that
order.
Ms. Nadeau provided a registered Deputy Report from Sheriffs Office Deputy
Christopher Thomas. They were presented to Special Master Brenda Garretson.
Ms. Nadeau had been informed from Deputy Christopher Thomas that the Le
Rendez-Vous was open for business on November 24,2004. Ms. Nadeau read the
witness statement from Deputy Thomas's registered report from Collier County
Sheriffs Office #040036947 and the document was admitted into evidence.
Deputy Thomas was not in attendance. It stated when in the area of the Le
Rendez-Vous lounge, 2727 Bayshore Drive, the establishment was open and did
not have a license to do business in the past. He observed many vehicles in the
parking lot, several discarded beer bottles, loud music and a male subject at the
door allowing several persons to enter and exit the establishment. On November
29,2004, after checking the tax collectors records, the owner did receive his
occupational license for the restaurant and carryout service. A copy has not yet
been provided Ms. Nadeau.
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January 7, 2005
The Defendant, Owner Esperandeu Civil, testified he has a license for food only.
He stated it was not his business location that was in violation. He claims he is
only open until 10:30 PM and does not serve alcohol.
Ms. Nadeau also stated she asked the Owner to remove a sign in the window on
Thanksgiving weekend that stated they were "Open" because he did not have his
license.
The Defendant was found GUILTY and fined $150.00for the day Itis
establisltment was open on November 20, 2004. Tlte Defendant was also
ordered to pay Operational Costs of $154.00 for tlte Itearing of November 15,
2004 and $29.87 for tltis re-Itearing. Total amount of $333. 95 is to be paid on or
before January 28, 2005.
All Defendants in today's proceedings will receive a copy of the Special Master's
Orders as recorded in the Official Records of the Collier County, Florida.
The Next Hearing is scheduled for February 7, 2005.
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There being no further business for the good of the County, the Hearing was
adjourned by order of the Special Master at 9:26 AM.
FOR THE COLLIER COUNTY SPECIAL MASTER
Leonardo Bonanno, Secretary to the Special Master
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