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CEB Minutes 08/23/2018August 23, 2018 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, August 23, 2018 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 Sue Curley Kathleen Elrod Gerald J. Lefebvre Herminio Ortega Ryan White Ron Doino (Excused) Lionel L'Esperance (Excused) ALSO PRESENT: Danny Blanco, Code Enforcement Specialist Helen Buchillon, Administrative Secretary Jeff Letourneau, Manager of Investigations Tamara Lynne Nicola, Attorney to the Board Co ier County Growth Management Department Code Enforcement Division Code Enforcement Board Hearing AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3`d Floor Naples, FL 34112 August 23, 2018 9:00 AM Robert Kaufman,Chair Gerald Lefebvre, Vice-Chair Lionel L'Esperance, Member Ronald Doino, Member Robert Ashton, Member Sue Curley, Member Herminio Ortega, Member Kathleen Elrod,Alternate Ryan White,Alternate Notice: Respondents 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. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES V. PUBLIC HEARINGS/MOTIONS A. MOTIONS MOTION FOR CONTINUANCE MOTION FOR EXTENSION OF TIME 1. CASE NO: CESD20170016916 OWNER: Neysis Rodriguez OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i), and 1.04.01(A). Unpermitted structures on the property and expired pool permit number 930007170. FOLIO NO: 37861480007 VIOLATION 1680 Randall Blvd,Naples,FL ADDRESS: 2. CASE NO: CESD20170007444 OWNER: Isis Y.Amaro OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Five metal carport(s), with electric, a shipping container, pole barn, a back porch attached to the primary structure, lanai converted into living, an addition attached to the lanai also converted into living space all constructed without first obtaining the authorization of the required permit(s), inspections, and certificate of occupancy as required by the Collier County Building. FOLIO NO: 37016400007 VIOLATION 310 11th ST SW,Naples,FL ADDRESS: 3. CASE NO: CESD20170010029 OWNER: Ramiro Teran and Gerenarda Teran OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(I)(a) and I0.02.06(B)(1)(e). Buildings in rear of the structure and no Collier County Building Permit obtained. Permit 2007051003 for a re-roof did not receive a Certificate of Completion. FOLIO NO: 38341560006 VIOLATION 5671 Lancewood Way,Naples,FL ADDRESS: B. STIPULATIONS C. HEARINGS 1• CASE NO: CEPM20180008115 OWNER: Richard J.Agar OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances. Chapter 22, Article VI, Section 22-228(1). Torn or missing screens from the pool cage. FOLIO NO: 55200720009 VIOLATION 171 Muirfield Cir.,Naples,FL ADDRESS: 2. CASE NO: CESD20160021398 OWNER: Michael R. Levalley OFFICER: Jon Hoagboon VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a).Expired fence permit. FOLIO NO: 60631400006 VIOLATION 1395 Morningside Drive,Naples,FL ADDRESS: 3. CASE NO: CESD20150014688 OWNER: Araceli Cisneros OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Alterations to existing electrical and plumbing systems,alterations and additions to existing structure and outbuilding constructed and placed in rear yard of the property without applicable Collier County Permits. FOLIO NO: 62101280000 VIOLATION 5417 Martin St.,Naples,FL ADDRESS: 4. CASE NO: CESD20180007073 OWNER: TGM Bermuda Island Inc OFFICER: Colleen Davidson 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). Permits PRFR20170204964 and PRFR2016040786 did not receive all inspections through Certificate of Completion and are now in void status. FOLIO NO: 282520007 VIOLATION 3320 Bermuda Isle Circle,Naples,FL ADDRESS: 5. CASE NO: CESD20180002267 OWNER: Joseph Costa Jr.and Charles Beauregard OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(I)(a) and 10.02.06(B)(I)(e)(i). Exterior renovations to include removal of siding, installing windows, and addition to the side of the dwelling. FOLIO NO: 77212000009 VIOLATION 138 3"St.,Naples,FL ADDRESS: 6. CASE NO: CESD20180005203 OWNER: Deep Lake Ops LLC OFFICER: Jeff Letourneau VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(I)(e) and 10.02.06(B)(I)(a). Renovations of, but not limited to, windows, exterior doors, air conditioning units (HVAC), new heating and cooling duct work, toilets, showers, hot water heater, kitchen area with sinks and appliances,sheet rock,metal studs,electric rough in with boxes, master breaker panel, roof repairs, non-fire rated doors, French doors, all without first obtaining the required Collier County Permits and Approvals. FOLIO NO: 00982880005 VIOLATION 20201 State Road 29,Naples,FL ADDRESS: 7. CASE NO: CESD20180005735 OWNER: Sandy Beach LLC OFFICER: Christopher Harmon VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Construction and alteration prior to obtaining required Collier County Building Permit(s). FOLIO NO: 56001480000 VIOLATION 267 3'Street West,Unit No.21,Bonita Springs, FL ADDRESS: 8. CASE NO: CESD20170001888 OWNER: Alberto Hernandez P A OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and I0.02.06(B)(1)(e)(i). Interior and exterior alterations and additions commenced prior to obtaining required Collier County Building Permits. FOLIO NO: 76477000081 VIOLATION 5405 Taylor Road Unit 4,Naples,FL ADDRESS: 9. CASE NO: CESD20180007263 OWNER: Farman Ullah OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1Xa)and 10.02.06(B)(1)(e)(i). Permit No. PRBD20161040672 for the interior demo,complete wood frame demo, Air Conditioning, plumbing, electric demo, expired on April 23, 2017 and the wood frame structure in the rear yard was constructed without a valid Collier County Permit. FOLIO NO: 55100840005 VIOLATION 261 Pine Valley Cir.,Naples,FL ADDRESS: 10. CASE NO: CEPM20180006143 OWNER: Florida First Properties Inc OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 5.03.02(F)(3) and Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Sections 22-228(1)and 22- 231(12)(c). Abandoned home in need of proper maintenance and repairs,roof in need of repairs. FOLIO NO: 427880007 VIOLATION 5500 Cynthia Ln.,Naples,FL ADDRESS: D. MOTION FOR REDUCTION OF FINES/LIENS VI. OLD BUSINESS A. MOTION FOR IMPOSITION OF FINES/LIENS 1. CASE NO: CESD20140013027 OWNER: Sunny Lane LLC OFFICER: Jeff Letourneau VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and I0.02.06(B)(1)(e)(i). Numerous unpermitted structures with electric,plumbing,and natural gas. FOLIO NO: 00720360004 VIOLATION 10181 Keewaydin Island,Naples,FL ADDRESS: 2. CASE NO: CESD20180006392 OWNER: Eduardo Rodriguez and Maria L.Rodriguez OFFICER: Michele McGonagle VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1Xe), and I0.02.06(B)(I)(e)(i). Unpermitted wood structures, metal carport,and concrete columns on the residential property. FOLIO NO: 22670600009 VIOLATION 3600 Poplar Way,Naples,FL ADDRESS: B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER C. MOTION TO AMEND PREVIOUSLY ISSUED ORDER VII. NEW BUSINESS VIII.CONSENT AGENDA A. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED IN SUBMITTED EXECUTIVE SUMMARY IX. REPORTS X. COMMENTS XI. NEXT MEETING DATE-THURSDAY SEPTEMBER 27,2018 AT 9:00 A.M. XII. ADJOURN August 23, 2018 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. Notice: 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 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. Having said all that, if you have a cell phone, this is a great time to turn the volume off to it. And let's start with the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Let's start out with the roll call. MR. BLANCO: Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MR. BLANCO: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MR. BLANCO: Mr. Robert Ashton? MR. ASHTON: Here. MR. BLANCO: Ms. Sue Curley? MS. CURLEY: Here. MR. BLANCO: Mr. Herminio Ortega? MR. ORTEGA: Here. MR. BLANCO: Ms. Kathleen Elrod? August 23, 2018 Page 3 MS. ELROD: Here. MR. BLANCO: Mr. Ryan White? MR. WHITE: Here. MR. BLANCO: Mr. Lionel L'Esperance has an excused absence, and Mr. Ronald Doino has an excused absence. CHAIRMAN KAUFMAN: Okay. So everybody is a voting member today. One, two, three, four, five, six, seven. Okay. I have an email that I'd like -- actually, I wouldn't like to read, but I will read it. One of our members who's had some knee surgery in the past and probably needs more knee surgery in the future, along with our other knee surgery candidate here, Bob Ashton, Lionel L'Esperance, is resigning from the Code Enforcement Board because of his medical commitments going forward. He wrote a very nice email, which I'll make part of the record. So we will miss Lionel greatly. Lionel, or Colonel L'Esperance, by the way, has been on the Board many, many years. I think he served as a chairman long before any of us were on the Board. Then he left and came back. He has all intentions, when he gets through with Frankenstein's laboratory and gets his new knees, to probably reapply. So we wish him well, and that should be part of the record. Okay. Skip ahead one notch. Everybody received the minutes. Do we have any changes in the minutes? (No response.) CHAIRMAN KAUFMAN: Hearing none. MR. ASHTON: Motion to approve the minutes. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second to approve the minutes. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. ORTEGA: Aye. August 23, 2018 Page 4 CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. Okay. Let's go through the agenda now. MR. BLANCO: Roman Numeral 5, public hearings/motions, Letter B, stipulations. We have five additions. Number 8 from hearings, Case No. CESD20170001888, Alberto Hernandez, P.A. No. 10 from hearings, Case No. CEPM2018006143, Florida First Properties, Incorporated. Number 3 from hearings, Case No. CESD20150014688, Areaceli Cisneros. Number 5 from hearings, Case No. CESD20180002267, Joseph Costa, Jr., and Charles Beauregard. Number 9 from hearings, Case No. CESD20180007263, Farman Ullah. Letter C, hearings, No. 1, Case No. CEPM20180008115, Richard J. Agar, has been withdrawn. Number 2, Case No. CESD20160021398, Michael R. Levalley, has been withdrawn. Number 4, Case No. CESD20180007073, TGM Bermuda Island, Incorporated, has been withdrawn. Number 6, Case No. CESD20180005203, Deep Lakes Ops, LLC, has been withdrawn. Number 7, Case No. CESD20180005735, Sandy Beach, LLC, has been withdrawn. August 23, 2018 Page 5 Roman Numeral 7, new business. We have one addition: Review and approval of Code Enforcement Board rules and regulations, and that's all the changes. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the agenda. MR. ASHTON: Motion to accept. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. We're almost ready to adjourn. MR. BLANCO: First item on the agenda, it's Roman Numeral 5, public hearings/motions, Letter A, motion, motions for extension of time. Item No. 5A1, Case No. CESD20170016916, Neysis Rodriguez. CHAIRMAN KAUFMAN: What item number is that? MR. BLANCO: 5A1. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone. MS. NEYSIS RODRIGUEZ: Good morning. Today -- CHAIRMAN KAUFMAN: First, could you put your name on August 23, 2018 Page 6 the microphone. You can bring that down so you -- there you go. Good. MS. NEYSIS RODRIGUEZ: Okay. CHAIRMAN KAUFMAN: Okay. MS. NEYSIS RODRIGUEZ: That's good. Today I come again on the court -- CHAIRMAN KAUFMAN: Your name? MS. NEYSIS RODRIGUEZ: Oh, Neysis Rodriguez. CHAIRMAN KAUFMAN: Okay. Thank you. MS. NICOLA: Spanish? That's all I know, by the way. MS. NEYSIS RODRIGUEZ: No. When he asked my name, I don't listen when he say "name." CHAIRMAN KAUFMAN: Okay. You're here this morning. MS. NEYSIS RODRIGUEZ: Okay. I'm here this morning, but I continuing the problem for my permit, and my progress (sic). I understand everything, but I need more time for solution of my area permit. CHAIRMAN KAUFMAN: So you need more time for the permit. Do you have a permit that's been pulled on this? MS. NEYSIS RODRIGUEZ: Yeah. CHAIRMAN KAUFMAN: And the permit that was pulled expired. MS. NEYSIS RODRIGUEZ: My permit expired? No. MR. ASARO: Actually, they pulled a permit. One permit for a metal structure has been rejected, but they -- it's a big project. They have many structures on the property that need to be permitted, so we're working -- Neysis has been very nice and very cooperative, and we're just trying to work with her to get everything permitted on the property. But it's a big project, so it's going to take some time. CHAIRMAN KAUFMAN: Okay. I'm just reading on the agenda. It says that it was expired; that's why I'm confused a little bit, August 23, 2018 Page 7 so it's not -- MR. ASARO: I think it was in reject status or expired. It could have been expired, but -- MR. LETOURNEAU: Yeah. I'm looking at it right now. It's in reject status. CHAIRMAN KAUFMAN: Okay. So the permit that you have applied for has been rejected. Any outstanding reason for that or -- Jeff is reading. MR. LETOURNEAU: I've got to get this going here. It's a little slow going. MR. LEFEBVRE: There's a letter from a Isis Amaro. Does that name -- MS. AMARO: No, that is me. MR. LEFEBVRE: Oh, sorry. I scrolled down too far. Sorry about that. CHAIRMAN KAUFMAN: The permit number is 93 -- MR. ORTEGA: This is a 1993 permit? MR. LETOURNEAU: No. We're looking at a 2018 permit for a metal shed. I believe, as Tony stated, though, even if this permit gets issued, they still have a lot more structures on the property that are going to need to be permitted. Hold on. Let me see. CHAIRMAN KAUFMAN: Herminio is looking at the first two digits of the unpermitted, and it says '93. That's why I guess he asked. Is that right, Herminio? MR. ORTEGA: Pool permit. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: Does any of this represent a life-safety issue? MR. ASARO: No. It's not a health-and-safety or life-safety issue. It's just a matter of permitting. It's a permitting issue. MR. ORTEGA: There's a pool permit back in 1993. Was it extended? August 23, 2018 Page 8 MR. ASHTON: The permit was -- it expired, so now they have to -- that permit has to -- MR. ORTEGA: It's complete? The work is complete? MR. ASARO: The work is complete, yeah. MR. LETOURNEAU: They have to also either -- they're going to have to pull a new permit for that, probably. MR. ASARO: Yeah. It's a new permit. MR. ORTEGA: Do they have pool protection? MR. ASARO: Yes, it's fenced -- it is fenced. MR. LETOURNEAU: As far as the metal shed goes, the correction letter says -- they have a bunch of corrections on there, but the top one is that they submitted under the 2014 building code, and they need to upgrade it to the 2017 building code. The -- there's a discrepancy with the slab, and they have some other clerical errors they have to fix on the permit. CHAIRMAN KAUFMAN: Okay. So let me see if I understand. This had come before us in June 1st; is that correct? MR. BLANCO: Mr. Chair, the case was originally heard back on May 24th, 2018. CHAIRMAN KAUFMAN: But the order was issued on June 1st? At least that's what I signed for. MR. BLANCO: Yes. CHAIRMAN KAUFMAN: Okay. So my question to the respondent is, how much time do you think you need to get this done, number one, and, number two, since June what has been done? MS. NEYSIS RODRIGUEZ: Okay. I don't know exactly what time I needed, because the project is big one project, but I tried to work to hire for that one. CHAIRMAN KAUFMAN: Jeff? MR. LETOURNEAU: I believe she has an engineer that's working on it right now. I think there was some confusion on exactly August 23, 2018 Page 9 what he thought he needed to get permitted, and when he came down to the Building Department to pull the shed permit, they said, well, you know, you need this, this, this also. So I don't know what he's doing at this point. I haven't talked to the gentleman, but I just heard that from Mr. Renald Paul when I discussed it with him. CHAIRMAN KAUFMAN: Okay. Do you have any idea how much time you need to get -- a month, two months? MS. NEYSIS RODRIGUEZ: The problem is, don't depend on my purse. Depend on the engineer. And Mr. Octavio Sarmiento and Tony work together, is the thing, but I don't know if it's three months, two months, one month. I don't have idea. CHAIRMAN KAUFMAN: Okay. Our problem is that if -- if you don't know, we don't know. MS. NEYSIS RODRIGUEZ: That's exactly. MR. ASARO: Last time I talked to Octavio, he wanted a year -- MS. NEYSIS RODRIGUEZ: Uh-huh. MR. ASARO: -- to go with the -- you know, to get that time extension. I said, it's all up to the Board. CHAIRMAN KAUFMAN: I can pretty well assure you that the Board would not approve a year. MR. ASARO: I'm just telling you what he was asking. CHAIRMAN KAUFMAN: Who's Octavio? MR. ASARO: He's the permitting agent that's working with Neysis. CHAIRMAN KAUFMAN: Oh, okay. So did he give you some idea other than a year? MR. ASARO: Well, he said, "Can I get a year?" and I said, I don't -- that's up to the Board. CHAIRMAN KAUFMAN: Right. MR. ASARO: I guess at a minimum he would need at least six months. August 23, 2018 Page 10 MR. ORTEGA: Are the buildings completed and all we're looking at is administrative permitting? MR. ASARO: The buildings are completed. We're looking at permitting. But he's still got to go through the entire process, and that's up to the Building Department how fast that's going to move. MR. ORTEGA: So the current owner is the violator? MR. ASARO: Yes. CHAIRMAN KAUFMAN: So this cannot be done by affidavit then; is that correct? MR. LETOURNEAU: That's correct. All these structures were built under the current ownership. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Will you say that again. MR. LETOURNEAU: All these structures were built under the current ownership. CHAIRMAN KAUFMAN: If it was built by somebody else prior -- MS. CURLEY: I know. CHAIRMAN KAUFMAN: Okay. Herminio, you're the expert in this particular field. What do you think is a reasonable amount of time? MR. ORTEGA: How many structures are we talking about? Not including the pool. MR. ASARO: You have the pool, you have one, two, three -- I think about five or six structures on that property. MR. LETOURNEAU: Yeah. You've got attachments to the main house. MR. ASARO: Attachments to the main house. MR. LETOURNEAU: Over the years, they've put quite a bit of stuff in there. MR. ASARO: They've added. August 23, 2018 Page 11 MR. ORTEGA: It would require about three to six months, because it's not so much as providing a letter anymore. It's about providing the forensics as well, too, to support the document. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Plus we're not sure that, you know, all of it is permittable so, you know. MR. ORTEGA: Right. CHAIRMAN KAUFMAN: I have a concern that from June 1st when we heard the case nothing really has been done. MR. LETOURNEAU: Besides attempting to get the one shed permit. CHAIRMAN KAUFMAN: Okay. Well -- MS. CURLEY: Why not a five -- so there's -- MR. LETOURNEAU: Well, I think there was -- I mean -- and I do think and I do believe there was some confusion on what needed to be permitted. I think there was -- I don't think they realized that when they told Octavio what he needed, he wasn't really sure. He came down there, tried to submit something, and the Building Department says, no. You know, this is just a small part of what you need to take care of. So now he went back to the drawing board. CHAIRMAN KAUFMAN: Okay. So now everybody's aware of what needs to be done; is that correct? MR. LETOURNEAU: Yes, sir. MR. ASARO: Yes, sir. CHAIRMAN KAUFMAN: Is that correct? MS. NEYSIS RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: And what we're looking at is how much time is required. MR. LEFEBVRE: I make a motion that we continue this -- CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: -- for six months. And continue, the fines August 23, 2018 Page 12 still run, correct? CHAIRMAN KAUFMAN: Yes. MR. LEFEBVRE: Just want to make sure. MR. ORTEGA: I just want to add a little bit to that. The three to six months tops -- THE COURT REPORTER: Can you talk into your mic? CHAIRMAN KAUFMAN: Hold on. Before you add, why don't we see if we have a second. Okay. MR. ASHTON: I'll second that. CHAIRMAN KAUFMAN: Okay. We have a second. Okay. Go ahead, Herminio. MR. ORTEGA: Can you speak into the mic? CHAIRMAN KAUFMAN: Yeah, talk into the microphone. MR. ORTEGA: Three to six months timeline does not include any administrative or full variances in the case where the structures might be encroaching into a side yard setback, anything like that, so... CHAIRMAN KAUFMAN: I understand, however -- and if six months comes about and nothing has been done, we would know what to do at that time. If a lot of stuff has been done and we can see progress and more time is needed, we can address that at that time. So I think the motion is reasonable. MS. CURLEY: Well, also to the point is during the six-month time we find out that some of these are permittable, then they'll be able to, you know, demolition (sic) them. At least let us know there's something happening, but 90 days there's not been anything occurring. CHAIRMAN KAUFMAN: Okay. So we have a motion. Any more discussion on the motion? The motion is to grant a continuance for six months. MR. WHITE: Second. CHAIRMAN KAUFMAN: It's been seconded. Any other discussion on the motion? August 23, 2018 Page 13 (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have six months. MS. NEYSIS RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: Hopefully a lot of work gets done; maybe all of it. And if it's not all done, come back and let us know what's been done. MS. NEYSIS RODRIGUEZ: I try. I think so in six months, okay, but I not sure 100 percent. CHAIRMAN KAUFMAN: Okay. As long as it's not a safety -- MS. NEYSIS RODRIGUEZ: My problem is, I want it to work, but I don't know what time I need. CHAIRMAN KAUFMAN: Well, you can go through the whole winter without worrying too much as long as things are being done. MS. NEYSIS RODRIGUEZ: Thank you so much -- CHAIRMAN KAUFMAN: Thank you. MS. NEYSIS RODRIGUEZ: -- for understanding my situation. Have a great day. CHAIRMAN KAUFMAN: You, too. MR. BLANCO: Next item on the agenda, it's No. 2, Case No. CESD20170007444, Isis Amaro. August 23, 2018 Page 14 (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MS. AMARO: Good morning. CHAIRMAN KAUFMAN: Could you give us your name on the microphone. MS. AMARO: Sure. Isis Amaro. CHAIRMAN KAUFMAN: Okay. And you are here to request additional time? MS. AMARO: Correct. Yeah. The last time that I was here was April 27th, and you guys give me four months. I was available to submit the permit, the two permits, the last two permits that I have to get submitted. I was submitted (sic) those two permits on May 8th. So we were working very hard to get those permits closed but, unfortunately, the permit was a stack (sic), was rejected about month and a half or about a month because the person requirement (sic) to have a meeting, but that meeting I cannot set up by me and -- find the person that would help. So I was trying to get -- I was trying to send email to that person, you know, to say, can we set up the time, and that person never was available to answer me, and then I went in person to the office to talk to that person. Like I said, at that time I was not available to see that person. And the thing -- the answer that I got from that person that Maria is the one that had to set up that meeting. So I contact Maria, and Maria contact the person, so the meeting was set up last week. So we talk about the things that I had to do last week. And this morning -- last Monday for this week, the permit was rejected, so right now permit is going -- you know, continuing again. CHAIRMAN KAUFMAN: Okay. Do you have anything that you'd like to add? MS. RODRIGUEZ: For the record, Maria Rodriguez, Collier August 23, 2018 Page 15 County Code Enforcement. She was referring to environmental. She was rejected for environmental because they were questioning how much land she had cleared. So that was on hold for a few weeks before she actually got the okay to -- that's where she's talking about the appointment we had to schedule with the environmental. That went through. They went ahead and processed the permit. She did pay for the permits yesterday, so they are issued. Now they're just going to have to work on calling in the inspections and trying to get it finalled. CHAIRMAN KAUFMAN: What type of inspections? MR. RODRIGUEZ: I don't know what the inspections are going to be because I didn't look at the permits for her. She does have two permits that were issued, and they were for the carports that were -- and there were five carports that she was trying to permit. At this point she said that there was two inspections, but I don't know what the inspections are because it just got issued yesterday. MR. LETOURNEAU: They're both permits by affidavit, so -- I've got to dig in here, but those usually don't require as many inspections as a normal permit unless they have to open up walls and such. CHAIRMAN KAUFMAN: So my question, naturally, is, when do you think the permits will be completed? MS. AMARO: For me, I would like it to be as soon as possible. It's just the concern that I have. It's not what I want and what everybody wants. It's just that sometimes we get something stack (sic). And my concern is that now I have to get inspections. And I'm worried if, you know, always -- those inspections always have to do something about it, some requirements, some kind of test or something. That's why I'm afraid to not complying again, you know, and I want to make sure that I comply with the time and everything. August 23, 2018 Page 16 CHAIRMAN KAUFMAN: See, we need to know approximately how much time you think; that's all you can go is on what you think it would be, so that if we make a motion to continue this, we would know how long to continue it. MS. AMARO: If it's not much to ask, I would like to get six months but, of course, always, I will try my best because, really, I want to get this one done. CHAIRMAN KAUFMAN: Okay. So you're requesting six months? MS. RODRIGUEZ: I think her worry is that if she has to have some type of a survey, you know, it takes a while before you can get a surveyor out there and survey the property. I don't know if she does need one or not. When I looked at the inspections, it wasn't part of it, but they were issued yesterday, and it must have been late, because when I looked at it, it was still pending. CHAIRMAN KAUFMAN: Jeff, are you looking at it now? MR. LETOURNEAU: I'm looking at one of them, yeah. CHAIRMAN KAUFMAN: And? MR. LETOURNEAU: And you're asking me how many inspections they need as far as -- CHAIRMAN KAUFMAN: Are there any -- I mean, it's not the Department of Army Engineering to do something. It's regular inspections? MR. LETOURNEAU: Let me see here; one, two, three, four, five, six, seven, eight, nine. It looks like nine inspections. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Yeah. I mean, your basic right-of-way, site drainage, exotic vegetation removal, those are probably already done. Let me see what we've also got here. You've got electrical final, electric rough, underground electric cable, monolithic slab, and the August 23, 2018 Page 17 final building permit inspection. CHAIRMAN KAUFMAN: Okay. And they're done by affidavits. So I'll ask Herminio what his best guess is because, again, he's our expert. MR. ORTEGA: Was the owner the violator, the current owner? MS. RODRIGUEZ: She does need a spot survey. MR. ORTEGA: No. I mean, is the current owner the violator? MS. RODRIGUEZ: Yes. MR. ORTEGA: We're speaking about permits by affidavit. CHAIRMAN KAUFMAN: Can't get that. MR. ORTEGA: Right. So the other question I have is, how many structures do we have? Are the five carports attached -- MS. RODRIGUEZ: Yes. MR. ORTEGA: -- or are they separate? MS. RODRIGUEZ: No, they're attached. MR. ORTEGA: So that's one permit. MS. RODRIGUEZ: Well, there's four attached and then one separate. MR. ORTEGA: So that's two permits. MS. RODRIGUEZ: So that's two permits. MR. ORTEGA: And then you have a container, a pole barn. MS. RODRIGUEZ: The container was removed, the pole barn was finalled, and then the addition to the house, that was finalled, too. So they took care of all -- you know, whatever was attached to the house, that was taken care of. The pole barn, which is the -- they put it down as a shed, I think, an open shed or something. MR. LETOURNEAU: They've definitely done a lot of work to get this to come into compliance, there's no doubt about it. (Multiple speakers speaking.) MR. ORTEGA: -- surveyed? August 23, 2018 Page 18 MR. RODRIGUEZ: They're asking for the survey, I'm assuming, for the five attached spot -- yeah, the 10-day spot survey. MR. ORTEGA: So you're talking about a spot survey is what they're looking for to assure that there's no encroachments. MS. RODRIGUEZ: Right. And they're required. She does need to get it, so... MR. ORTEGA: That you'll find in the conditions, not so much in the inspections list. MR. RODRIGUEZ: Yeah. We found it, yeah. CHAIRMAN KAUFMAN: Well, I go back to Herminio's point. You can't do this by affidavit. MR. LEFEBVRE: It sounds like the majority of the potentially difficult work's been done, permitting the additions to the structure. The other items seem like -- MR. RODRIGUEZ: Well, the carports are simple. I mean, those are open carports. It's just aluminum, so I don't think she should have an issue with getting those inspections done because they're already done. MR. LEFEBVRE: That's what I'm saying. You don't have to rip walls. MS. RODRIGUEZ: No. MR. ORTEGA: Okay. Is there a slab under the carports? MR. RODRIGUEZ: Yes. There is a lab on -- MR. LETOURNEAU: Yeah, there is an inspection for the slab. CHAIRMAN KAUFMAN: Monolithic. MR. ORTEGA: After it's poured? MR. LETOURNEAU: Pardon? MR. ORTEGA: After it's poured? MR. LETOURNEAU: No, I believe it's poured already. MR. RODRIGUEZ: Yeah, it's a -- MR. ORTEGA: Right. Inspection -- August 23, 2018 Page 19 MR. LETOURNEAU: Oh, right. Yeah. Well, that might be an issue right there, yeah. MR. ORTEGA: So that would be the only issue. The aluminum, it's fully exposed, so -- MS. RODRIGUEZ: Yeah, that's not hard. MR. LETOURNEAU: I would say, looking at these permits, they did get regular building permits for a bunch of stuff, and then these structures must have been built before they owned the property. Is that how they got the permit by affidavit? MS. RODRIGUEZ: No. One of them was already there at the beginning. When she bought it, the older aluminum carport was already there. The others, they kind of gradually came after they bought it. MR. LETOURNEAU: Okay. Well, they did give them permits by affidavit, so... MR. LEFEBVRE: I make a motion to continue for 120 days. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. CURLEY: I'll second that. 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. ORTEGA: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? August 23, 2018 Page 20 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have four months. And if it doesn't get done in four months, you run into a problem or whatnot, come back. MR. BLANCO: Mr. Chairman, if I may, before the -- are the operational costs for today's hearing being assessed for the continuance hearing? CHAIRMAN KAUFMAN: Yes. MR. LEFEBVRE: Yes. MR. BLANCO: Okay. I don't know if you guys remember we had a discussion about this. In order for us to assess the operational costs, the Board has to state that operational costs for today's hearing are assessed. MR. LEFEBVRE: Operational costs will be assessed. MR. BLANCO: Okay. CHAIRMAN KAUFMAN: Payable within 30 days. MR. LEFEBVRE: Payable within 30 days. MS. CURLEY: Danny, is that when it's the continuance only? MR. BLANCO: No. We have operational costs for every hearing, either a continuance or extension of time. MR. LEFEBVRE: Do we have to reopen the other case, the last case? I don't think I stated that. MS. CURLEY: You didn't. MR. LEFEBVRE: I did not. MS. NICOLA: No, and they're not here anymore, so I think you guys -- unfortunately, I don't think you can re-open it. I think you're stuck with no operational costs for the Rodriguez case -- CHAIRMAN KAUFMAN: Okay. MS. NICOLA: -- at this point. CHAIRMAN KAUFMAN: We'll keep that in mind. MR. BLANCO: Okay. August 23, 2018 Page 21 CHAIRMAN KAUFMAN: Okay. So you have four months. Good luck. MS. AMARO: Okay. Thank you. CHAIRMAN KAUFMAN: Bye now. MR. BLANCO: Next item on the agenda, it's Item No. 5A3. Case No. CESD20170010029, Ramiro Teran and Gerenarda Teran. (The speakers were duly sworn and indicated in the affirmative.) MS. TERAN: Good morning, everyone. My name is Gerenarda Teran. MR. TERAN: I'm Ramiro Teran. CHAIRMAN KAUFMAN: Okay. And you are, according to your letter, requesting a 90-day extension? MS. TERAN: Yes. CHAIRMAN KAUFMAN: Okay. And this is for -- MS. CURLEY: Roof. CHAIRMAN KAUFMAN: As we search through. MR. LEFEBVRE: Buildings in the rear of a structure and no Collier County building permit obtained. MS. CURLEY: For a reroof. MR. LEFEBVRE: And a reroof also. CHAIRMAN KAUFMAN: Okay. Have you applied for building permits? MS. TERAN: Yes, we do. MR. TERAN: Yes. CHAIRMAN KAUFMAN: Okay. And do you have any comments on this case? MS. PULSE: For the record, Dee Pulse, Collier County Code Enforcement. They've been working diligently. They've had to obtain several things to even get their permit issued: Land clearing permit and the DEP wetland letter. August 23, 2018 Page 22 CHAIRMAN KAUFMAN: Determination, yep. MS. PULSE: Yeah. So they have done a lot of things to get that permit issued. It was just issued on July 30th, I believe. MS. TERAN: Yeah, that's right, July 30. So that's why we're asking for an extension of time. CHAIRMAN KAUFMAN: Okay. Any comments/questions from the Board? MR. LEFEBVRE: Make a motion to continue for four months with operational costs to be -- for today to be paid within 30 days. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Instead of 90 days, you have 120 days. MS. TERAN: Okay. CHAIRMAN KAUFMAN: You have to pay the operational costs -- I think they're $59 and change -- within 30 days. MS. TERAN: Okay. All right. Thank you. Have a great day. CHAIRMAN KAUFMAN: Thank you. MS. PULSE: Can I ask -- I just want to be clear, too. They were requesting an extension, and you granted them a continuance. CHAIRMAN KAUFMAN: That's correct. August 23, 2018 Page 23 MS. PULSE: Because their original court order compliance date was September 18th. So everything is -- CHAIRMAN KAUFMAN: It just continues. MS. PULSE: Will there be accruing fines? CHAIRMAN KAUFMAN: The fines continue to accrue through the 90 days. That's what the continuance calls for. And after 90 days, if they want to come back and request -- MR. LEFEBVRE: 120. CHAIRMAN KAUFMAN: -- oh, 120 -- they can come back at that time. MR. LEFEBVRE: But the order was to have it corrected by September 18th. MS. PULSE: Right. They're here 30 days the month earlier -- MR. LEFEBVRE: In advance, so -- MS. PULSE: -- in order to ask for an extension. MR. LEFEBVRE: So there's no fines, but the fines would start on September 19th, correct? MS. NICOLA: That's correct. So the question is, I guess the Board needs to decide whether the fines will start to accrue on September 21st or if you're going to continue it without the fines accruing. I mean, I can write it up that way. MR. LEFEBVRE: An extension is where the fines stop. MS. NICOLA: Right. MR. LEFEBVRE: A continuance -- so I think it would make sense that the fines will start on the 19th if the order's good until -- they have to have it corrected by the 18th. I would think that the 19th is when the fines should start. MS. NICOLA: Right. And by this order, if we're continuing it, it would be continued until December the 21st. MR. LEFEBVRE: Which we don't usually have a meeting then. MS. NICOLA: Right. So they really have until January. Well, August 23, 2018 Page 24 I mean, they don't have until January because it would start the 21st, but, I mean, in all essence, they would have a little bit more time before they were called for fines. CHAIRMAN KAUFMAN: If you have this done before September 18th, there are no fines, and everything is fine. That was the original order. MS. TERAN: Yes. CHAIRMAN KAUFMAN: If you don't have it done by the 18th, the fines that were originally assessed will start on the day after the 18th, the 19th, I believe, and they'll continue until you have it done. Okay. MS. TERAN: So -- CHAIRMAN KAUFMAN: And then at that time -- at that time you can come back -- I'm sure you'll be notified -- to have the fines abated because you're now in compliance. MS. CURLEY: So that's really confusing. MS. TERAN: It's confusing to me also. Would you please -- I'm understanding that after the 18th I have to start paying fines? CHAIRMAN KAUFMAN: You don't start paying. They accrue. MS. TERAN: They accrue? CHAIRMAN KAUFMAN: They accrue. So you're not paying anything at that time. You owe that money from the 19th going forward. When you get it done, they stop. MS. CURLEY: I have a question. CHAIRMAN KAUFMAN: Go ahead. Talk into the microphone. MS. CURLEY: They've proactively come here a month in advance knowing that they're not going to make their timeline. Is there any way -- I know the motion's already passed -- that we could extend it so the fines don't start; so we extend the original stipulation August 23, 2018 Page 25 rather than making this completely confusing where she thinks she has to come and pay $250 on September 18th. That's confusing. And I think the proactivity of the resident -- MR. LEFEBVRE: Right. Well, there was one other case where the fines started on the 22nd of August, and we didn't give them -- MS. CURLEY: Well, I'm just talking about this case because -- MR. LEFEBVRE: I know. But what I'm saying, we didn't give him an extension. We gave him a continuance. MS. CURLEY: Again, I'm just talking about this case because it's coming out a little murky. MR. LEFEBVRE: Well, it's very simple that it would be -- their original order stated that -- I think it said the 18th, September 18th, you have to take care of the problem. If it doesn't, then there's a fine imposed of $150 a day. All we are saying is that this order still is in effect but, from September 19th on, if the problem's not fixed, you could potentially be responsible for a fine of $150 a day until you fix the problem. Once the problem is taken care of, it's inspected, enforcement comes out and says, yes, in fact, it's taken care of, the fines stop. At that point you can come back in front of us and say, listen, I took care of the problem. I was 10 days late, 15 days late, whatever the case may be; I'd like to abate the fine. That's what we're saying. Does that clarify it? MS. TERAN: I understand. MR. ORTEGA: Can we use another word for abatement, please. MR. LEFEBVRE: Okay. The fine stops. So let's, hypothetically, say it took 10 days past your date, that's $1,500. You can come in front of us and say, "I would like to have all the fines erased. So you have that option of doing that. MS. TERAN: So may I interrupt? What's the extension of time for then? August 23, 2018 Page 26 MS. CURLEY: Yeah. I was going to say, she thinks her new extension date's four months from September 17th. So that's where I'm saying it just becomes a little bit murky. CHAIRMAN KAUFMAN: The extension is not an extension. It's a continuance. Okay. That's what the motion was. That's what it is. And I might remind everybody that this thing goes back to March. So it's been a while. MS. TERAN: I understand it's been a while, but that wasn't -- I didn't do the buildings there. I bought the property like that also. MS. NICOLA: Actually, a point of clarification is they did ask for an extension, not for a continuance. I'm reading their email. MR. LEFEBVRE: Right. CHAIRMAN KAUFMAN: We have the -- MS. CURLEY: This is what -- CHAIRMAN KAUFMAN: I understand. But the motion that was made was for a continuance. MS. NICOLA: That's -- CHAIRMAN KAUFMAN: Not an extension. MR. LEFEBVRE: Or we can deny the extension and hear the case. MS. NICOLA: Right. You can do that, too. MR. LEFEBVRE: I mean, we can do that, too. MS. NICOLA: I mean, you guys have lots of options. You can hear the case, you can grant the continuance, and I can write the order up that it says that the fines won't start to accrue until September 19th, or you can grant an extension of time, and that extends the time without the fines accruing as of September 19th. I mean -- or the fourth option is the county could withdraw it, but then you're going to be in the same boat in a month. MR. LEFEBVRE: Right. MS. NICOLA: So I'd leave it up to the Board at this point. But August 23, 2018 Page 27 that motion has to be withdrawn. MR. LETOURNEAU: They actually -- they brought the case. They requested the case be heard. So I don't think at this point we can withdraw it. MS. NICOLA: They could withdraw it. They could withdraw their request -- MR. LETOURNEAU: That's true, but then the fines would still kick in in September. I would say that the -- MS. NICOLA: Yep. MR. LETOURNEAU: -- county feels that they did proactively come here and ask for the extension. I have a tendency to agree with Ms. Curley on this one as far as not, you know, fining them after September 17th, because they did come a month early. That's rare in this business and, you know -- MR. LEFEBVRE: But the problem is, if there's no fine accruing and we give you, let's say, an additional three months from September, then there's no fines accruing. MS. CURLEY: Well, excuse me, but I think the officer, Dee, had stated that they had worked really hard on correcting these things that they inherited mistakenly when they purchased this home. So it's not like they've been sitting since March doing it. They've been working all summer and probably saving money to afford this. So my thought about extending it where you don't have the fines, that's $58.68 less they have to come back and pay for another hearing and ask for money back. It's just every time we make them come back, they have to take a day off of work, and then they have to pay an administrative cost. So if we don't start fines -- MR. LEFEBVRE: They don't pay administrative costs if we abate the fine -- so there's no fines. I'll rescind my motion. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: You need the second. August 23, 2018 Page 28 MS. CURLEY: Second. CHAIRMAN KAUFMAN: Okay. That motion was rescinded, which brings us to, does anybody want to make a motion now? Was that yes? MS. CURLEY: Yes, sir. Let's just -- I make a motion for a 120-day extension. MR. LEFEBVRE: From what date? MS. CURLEY: From the date that the -- well, it doesn't matter to me. Does anyone want to help fill in the blanks? It doesn't matter if it starts today or starts the 17th, whichever is easier administratively. MR. LEFEBVRE: I guess it would probably start from the 18th, because that's when the fines kick in. MS. NICOLA: My normal extension-of-time orders would be from the date of today. So it would say the time is extended until December 21st, but I could easily write it up so that it was extended from September 19th. Because what we do with these orders is, we don't say "120 days" in the order. We actually put a date. So it would say you have until -- if it's a continuance and it's from today, it would be December 21st, but if it's an extension and it's from September 19th, 2018, it's going to be, I'm going to calculate, 120 days from September 19th, and I'm going to put it in the order which, in all honesty, is probably going to fall somewhere in January, which gets you somewhere around the January meeting and may or may not fall before then. So, either way, it's not going to be sufficient time, I don't think, for you guys to get it on that particular docket, you know, if there's a violation; I mean, if it still exists and you want to go forward. MS. CURLEY: And I have a feeling everything is going to be done and finished by then. MR. LEFEBVRE: Do we have a second? I'd like to make a comment. August 23, 2018 Page 29 MS. NICOLA: Are you guys -- is your -- CHAIRMAN KAUFMAN: We don't have a -- I don't know what the motion is. MS. NICOLA: Right. I was asking you, is it from today or from -- MS. CURLEY: From September 18th forward. MS. NICOLA: Okay. MR. LEFEBVRE: Just a clarification. Usually when someone comes in for an extension of time, it's after they pass their date to have the problem corrected, so -- MS. NICOLA: Right. MR. LEFEBVRE: -- an extension would pretty much backdate it to the time frame of when they were supposed to fix the problem. In this case they're here early, so there's no fines accruing. They would lose a month if they agreed to today's hearing. So I think it would be, like Ms. Curley stated, correct to do it from September 19th. I'll second that motion since we need a second. CHAIRMAN KAUFMAN: You want to repeat that motion now? MR. LEFEBVRE: Well, Ms. Curley was the motion maker, but it's an extension of time from September 19th for four months, and the administrative fees for today's hearing would have to be paid within 30 days. MS. TERAN: Okay. MR. LEFEBVRE: Does that clarify it? MS. TERAN: Yes. Thank you. MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: Now, I have a question on that. Ordinarily, if there are no fines accruing, there is no emphasis on getting the problem resolved. So that's why fines are imposed. MS. CURLEY: Yes. We all understand that, but in this August 23, 2018 Page 30 particular situation -- CHAIRMAN KAUFMAN: No, we don't all understand that. I don't understand it. MS. CURLEY: Oh. Well, if it's confusing for this board that does this for a living, then -- or for a volunteer living, then think how confusing it is for these homeowners that already have other issues stacked way up to make -- we don't want them to have to learn all the codes and stuff. We want to make it very simple for them, and I think Dee has worked with them very well. And I wish you much luck. I think we should basically make sure that she understands that we reversed what we originally were telling her. MS. NICOLA: For the record, the date, if it was 120 days from September 19th, would be January 17th of 2019. CHAIRMAN KAUFMAN: Prior to our meeting. MS. NICOLA: Prior to our meeting, yes. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Good. CHAIRMAN KAUFMAN: Okay. We have a motion, and you seconded it? MR. LEFEBVRE: Yes, sir. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. ORTEGA: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? Aye. Okay. It passes. August 23, 2018 Page 31 MS. PULSE: Thank you. MS. TERAN: Thank you. Have a great day, everyone. MR. LEFEBVRE: You, too. MR. BLANCO: Next item on the agenda, it's Roman Numeral 5, public hearings, motions, Letter B, stipulations, Item No. 5C8, Case No. CESD20170001888, Alberto Hernandez, P.A. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us. MR. HERNANDEZ: Good morning. My name is Alberto Hernandez. CHAIRMAN KAUFMAN: Okay. And you're going to read the stipulation for us? MS. DAVIDSON: Good morning. For the record, Colleen Davidson, Collier County Code Enforcement. This stipulation is in reference to Case No. CESD20170001888. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.42 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspection, and certificate of completion/occupancy within 60 days of this hearing, or 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 bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of August 23, 2018 Page 32 abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Any questions on the stipulation by the respondent? MR. HERNANDEZ: I do. I have a concern, Mrs. Davidson. I did sign the form on Monday, I believe. I saw Cristine at the Code Enforcement. And as we're going through the motion here, I checked on my phone this morning, and the -- I have a rejection on that permit. My concern at this point is this is a commercial unit that we're talking about. Codes are -- everyone knows they're a lot stricter on commercial than residential, and they take a little bit longer to get the matter resolved. We've been working at this for months already. We've had a couple rejections. This is the second one. And my concern is -- and this is kind of a question, too -- once we get everything approved, we are probably going to have to call inspections through the county. Some of those inspections are taking as long as two weeks just to reschedule. So I'm not sure -- and I know I signed the form, but I was expecting to get the permit approved, and it got rejected. So I'm kind of back to square one. CHAIRMAN KAUFMAN: Okay. Where we are right now is that's the stipulation that was signed. If the respondent does not agree with that or wants 90 days, or whatever it is, you're going to retire to the hallway and renegotiate, or we'll hear the case. MS. DAVIDSON: Leave it up to the Board. We could also -- CHAIRMAN KAUFMAN: No, no. It's up to the respondent whether he wants that case -- that stipulation he signed, offer it, or he wants to modify it, and that would be a discussion with you guys. MS. DAVIDSON: Okay. CHAIRMAN KAUFMAN: Okay. So you tell me what you August 23, 2018 Page 33 want to do. MR. HERNANDEZ: Well, what I would like to do, you know, if Mrs. Davidson agrees, is to ask for 90 days just to be sure so we don't have to redo this again in another two months. CHAIRMAN KAUFMAN: Well, you need to go out there and discuss so that when you come back in here you have what you agree to. Okay? MS. DAVIDSON: Okay. CHAIRMAN KAUFMAN: So we'll put this on the side until you come back. Eric, you have a comment? MR. LETOURNEAU: No. I think he's going to be part of the renegotiation with that thing. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Next item on the agenda. It's Item No. 5C10, Case No. CEPM20180006143, Florida First Properties, Incorporated. MR. LEFEBVRE: Just for the record, I'm going to recuse myself from this case due to the fact that we have a business relationship. CHAIRMAN KAUFMAN: Okay. Mr. Lefebvre is going to be recused. Okay. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Let the record reflect show that the respondent is not present. Okay. Do you want to read the -- MR. JOHNSON: Stipulation. CHAIRMAN KAUFMAN: -- stipulation into the record, or you want to give us a brief overview of it before you do that? MR. JOHNSON: Well, I prefer to read the stipulation. If you have any questions, I'll be happy to answer them. CHAIRMAN KAUFMAN: Fine, read it. MR. JOHNSON: Good morning. For the record, John Johnson, August 23, 2018 Page 34 Collier County Code Enforcement. A stipulation was signed by the president of Florida First Properties, Inc. Therefore, it is agreed between the parties that the respondent shall. Pay overhead costs in the amount of $59.70 incurred in the prosecution of this case within 30 days of the hearing; Number 2, abate all violations by obtaining all required Collier County permits or demolition permit, inspections, and certificate of completion/occupancy for repair of the roof within 90 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and Number 4, that is -- 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 Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. One additional item, the president of Florida First Properties that signed this, his name is John Linehan, L-i-n-e-h-a-n. CHAIRMAN KAUFMAN: Okay. So this is a house that looks like it's going to be -- that's a disaster, I guess, right now. Home appears to be abandoned. Okay. MR. JOHNSON: Yes. Just -- for just a little detail, this was actually an open case prior to Irma. Irma did more damage to the home. The property changed hands in December of 2017, and so the new owners are now taking over the responsibility of this property. CHAIRMAN KAUFMAN: Okay. We have a signed stipulation. Any comments on the stipulation? MR. ASHTON: Accept -- go ahead. August 23, 2018 Page 35 MR. ORTEGA: No, go ahead. CHAIRMAN KAUFMAN: Hearing -- MR. ORTEGA: Are we limiting the scope in the stip to roofing or interior repairs as well? MR. JOHNSON: This stipulation is for the roofing only. MS. CURLEY: So is the exterior of the property being maintained? Is the grass being mowed? Is it in a community, or is it out somewhere? MR. JOHNSON: Yes. And I should have said that, and I apologize. The outside is being maintained properly. CHAIRMAN KAUFMAN: Okay. We can only comment on this case. So we have a stipulation. MS. CURLEY: Well, it says "abandoned home in need of proper maintenance and repairs; roof in need of repairs." That's the summary of the violation, so... MR. ORTEGA: If the roofing needs repair, that means there has to be internal damage. You may not even have a working kitchen. Do we know that? MR. JOHNSON: I have not entered the property. MS. CURLEY: Have they not let you? MR. JOHNSON: There's no one living there, and there's no one been there when I've been there. Like I say, in my opinion, step one is, you know, fixing the roof. There's no sense working on the inside -- CHAIRMAN KAUFMAN: My guess on this is they're going to take the house down. MR. JOHNSON: There's actually -- and I don't know if this is hearsay, but I have been in conversation with this gentleman, Mr. Linehan. He is looking at two avenues. He's not sure which one he's going to choose. One is a complete demo down to the slab and a rebuild, and the second is to try to rehabilitate it. It is my opinion that once he sees what I believe is inside there, since this roof has been August 23, 2018 Page 36 exposed or open for a number of months, I believe he might chose the demo. CHAIRMAN KAUFMAN: Okay. Well, we're here to vote on the stipulation that they've agreed to that you've presented before us. Do we have a motion from the Board? MR. ASHTON: Motion to accept the stipulation as written. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, John. MR. JOHNSON: Thank you. MR. BLANCO: Next item on the agenda, it's Item No. 5C8, Case No. CESD20170001888, Alberto Hernandez, P.A. CHAIRMAN KAUFMAN: You look familiar. (The speakers were previously duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. We have a stipulation? Is it the same stipulation just with different days? MS. DAVIDSON: For the record, Colleen Davidson, Collier County Enforcement. It is the same stipulation. It is just from 60 days to 90 days. The respondent has initialed it, and so has Cristina Perez, the supervisor August 23, 2018 Page 37 who signed it. CHAIRMAN KAUFMAN: Okay. Any comments on the stipulation that was read? MR. ORTEGA: One quick question. We're talking about permits. You're in the Building Department with the permit that's been rejected. How much work is required? MR. HERNANDEZ: So I acquired the building in 2012, and all of the buildout was done by the previous owner or the one before him. I was not aware of this. I became aware of it at the end of last year when we were replacing exterior door slabs. Code Enforcement showed up, they took some pictures, and I received a letter saying that the door was not permitted. They came back, took more pictures, and then they realized that the interior buildout was not done either by the previous owner. So this whole thing started to unravel. And I've been working diligently to get the permit by affidavit done, and we are -- we've submitted already. We got rejected twice. Just found out this morning that the second rejection was issued. CHAIRMAN KAUFMAN: Okay. So you have 90 days -- 90 days that was changed from 60 from the original, okay. Any other questions on the stipulation? (No response.) CHAIRMAN KAUFMAN: Hearing none, any motions? MR. ASHTON: Motion to accept the stipulation as written. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Aye. August 23, 2018 Page 38 MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Colleen. MS. DAVIDSON: Thank you. MR. HERNANDEZ: Thank you. Thank you much. MR. BLANCO: Next item on the agenda, it's Item No. 5C3, Case No. CESD20150014688, Araceli Cisneros. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Can you state your name on the mic. MS. CISNEROS: Araceli Cisneros. CHAIRMAN KAUFMAN: Okay. And you have a stipulation to read into the record. MR. MUSSE: Sure do. 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 $59.84 incurred in the prosecution of this case within 30 days; abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion for the alterations done to the structure within 90 days of this -- I'm sorry -- 90 days of this hearing, or a fine of $100 per day will be imposed until the violation's abated. Respondent must notify the 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 August 23, 2018 Page 39 bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. I have a couple of quick questions, probably in my head. The violation was first observed June 18th, 2018? Then it says date person given notice was July 22nd, 2015, so -- MR. MUSSE: The date of the -- on the stipulation -- CHAIRMAN KAUFMAN: Those are typos? MR. MUSSE: It's a typo; clerical error. CHAIRMAN KAUFMAN: Okay. Either that or you have a time machine, okay. MR. MUSSE: Yes, yes. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: Do you want her to -- can we just cross a line through it and have her initial on it? CHAIRMAN KAUFMAN: Yeah. It's a scrivener's error. No problem. Do you have anything to say? You can adhere to the stipulation that you signed? MS. CISNEROS: Yes. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? (No response.) CHAIRMAN KAUFMAN: Any motions from the Board? MS. CURLEY: I just have a question. Did you just purchase this house in June? MS. CISNEROS: No. I inherited the home from my parents, so... MS. CURLEY: I see the corrective date, so... MS. CISNEROS: Yes. August 23, 2018 Page 40 CHAIRMAN KAUFMAN: Okay. Any motions from the Board? MS. CURLEY: I make a motion to accept the stipulation as written. MR. ASHTON: I'll second it. 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. ORTEGA: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks. MR. MUSSE: Thank you. CHAIRMAN KAUFMAN: Thank you. MS. CISNEROS: Thank you. MR. BLANCO: Next item on the agenda, it's Item No. 5C5, Case No. CESD20180002267, Joseph Costa, Junior, and Charles Beauregard. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you state your name on the mic, for the record. MR. BEAUREGARD: My name is Charles Beauregard. CHAIRMAN KAUFMAN: Okay. Jonathan, are you going to August 23, 2018 Page 41 read a stipulation for us? MR. MUSSE: Good morning. 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 $59.63 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 permits, inspections, and certificate of completion for the removal of the siding, insulation -- installing windows, and room addition, and to bring the property up to a permitted condition within 120 days of this hearing, or a fine of $100 per day will be imposed until the violation is 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 methodology to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Thank you. You understand the stipulation that you agreed to? MR. BEAUREGARD: Actually, I didn't really understand exactly what I was signing. I thought I was signing something for court costs. So since I've been sitting here, I'm starting to understand that, you know, I now have time limits and in time frames. And I explained to Jonathan when we were out in the hallway that since the day that I got the violation notice I've been in compliance and I've contacted -- it's been nearly four months just for me to get a set of drawings for the work that needs to be done for the house. So in that four-month time, I've not been able to do anything, and August 23, 2018 Page 42 now I have a company submitting all of those plans to Collier County for permits. I have no idea how long that's going to take or if my plans are going to be rejected. And if it takes two months, you know, before I even get my building permits, that leaves me two months to get the work done, which would really be unreasonable. CHAIRMAN KAUFMAN: Okay. The way this works, as we had in a previous case, that we're here to accept or reject the stipulation that you agreed to. If that's something that you no longer want to agree to and you want to go back in the hallway, if you will, and negotiate farther, or what's left is we can hear the case. So you have more control by a stipulation, obviously, or you could be found not in violation. I mean, that's a possibility as well. MR. BEAUREGARD: Yeah. Well, there are things in this stipulation that are stated that aren't even true, but I will accept the stipulation knowing what I know but as long as I have the opportunity to come back and plead my case. If the plans are rejected -- plus, I'm almost $12,000 into a set of plans to add a 120-square-foot bathroom to a house, which is going to be, like, $3,000 in material costs. So, I mean, I'm just dumbfounded by the whole process, to be honest with you. CHAIRMAN KAUFMAN: Okay. So -- MR. BEAUREGARD: But I'll accept it. CHAIRMAN KAUFMAN: Okay. And you know you have options after this, okay. So in 90 days, if for some reason your permit gets rejected or whatever and you need additional time and you can show that you've been working diligently on this, the Board has always been attuned to that, so... MS. CURLEY: Does the county have something to say? MR. MUSSE: I'm sorry? MS. CURLEY: Did you have something to say? August 23, 2018 Page 43 MR. MUSSE: No. No, ma'am. CHAIRMAN KAUFMAN: He did his say already. He read the stipulation. Okay. So we have a stipulation. Do we have any comments on the stipulation? MR. LEFEBVRE: I just want the respondent to be clear, he said he wanted to have the opportunity to come back to hear his case. This would be the opportunity to hear your case if you don't want the stipulated agreement. Your opportunity, if you agree to the stipulated agreement, is in 120 days if you're not done, to come to us to ask for either an extension of time or a continuance. MR. BEAUREGARD: Yeah. And my only concern is the fact that it may take two months to get my permit, so I'm not allowed to do any work, and I've signed an agreement saying I'll be done with the project in four months, and that's not realistic if I don't get permits. MR. LEFEBVRE: Right. But that's all trackable, because once you submit your permit -- MR. BEAUREGARD: Okay. MR. LEFEBVRE: -- it, obviously, shows what's going on within that permit. And as you saw in previous cases, Jeff pulled that up, that information up. That's information that would be in your favor, obviously, to come back and say, listen, you know, it took two months, or after three weeks it got rejected, and I did this to correct it. So, obviously -- I don't want to say the clock doesn't start until you get your permit, but we do take that into consideration, time frames that it takes for county approval. MR. BEAUREGARD: Okay. MR. LEFEBVRE: And you saw there was, I think, what, about four cases that we either continued or gave an extension. So we're very flexible. We just want to know that you're working towards taking care of the problem. August 23, 2018 Page 44 MR. BEAUREGARD: Yeah. I've done nothing but work on that since that day I had the violation. MR. LEFEBVRE: Right. CHAIRMAN KAUFMAN: Okay. Do we have a motion on this? MR. ASHTON: Motion to accept the stipulation as written. MR. LEFEBVRE: I'll second that motion. 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. ORTEGA: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Very good. Good luck. MR. BLANCO: Next item on the agenda, it's Item No. 5C9, Case No. CESD20180007263, Farman Ullah. (The speaker was duly sworn and indicated in the affirmative.) MR. MUSSE: Good morning. For the record, Investigator John Musse, Collier County Code Enforcement. It is agreed to in the parties that the respondent shall pay operational costs in the amount of $59.63 incurred in the prosecution of this case within 30 days of this hearing; abate all violations by obtaining any required Collier County building permits, inspections, August 23, 2018 Page 45 and certificate of completion/occupancy for the demolition and subsequent interior remodeling of the dwelling and for the wooden structure in the rear yard within 120 days of this hearing, or a fine of $100 per day will be imposed until the violation's abated. Respondent must notify the Code Enforcement Board 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 Sheriff's Office to enforce the provisions of this agreement; and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. This began in 2016, it looks like? MR. MUSSE: Yes. CHAIRMAN KAUFMAN: The permit number? MR. MUSSE: Yeah. CHAIRMAN KAUFMAN: Okay. Let the record show the respondent is not present. Any questions from the Board? MR. ORTEGA: You have two permits here, right, demolition and alteration? MR. MUSSE: Yes. CHAIRMAN KAUFMAN: Yeah. The description of it says, "for the interior demo, complete and frame demo, A/C, plumbing, electric demo, expired on April 23rd, 2017," so... MR. MUSSE: They have -- that permit expired, but they have not -- the new structure in the rear yard is a new structure, so they're working on getting a permit for that right now. MR. LETOURNEAU: And, Investigator Musse, I believe the property owner has advised you that they did follow through with the August 23, 2018 Page 46 demolition and subsequent rebuilding of the interior. MR. MUSSE: Correct. I spoke to the daughter, who has power of attorney, Sieda Ullah. She explained/verified that they did remove the -- did continue with the demolition. Also contacted the contractor. He said that he started the permitting application, but nothing was further, so they voided it out. But the family continued with the construction, with the demolition and then renovations. CHAIRMAN KAUFMAN: So hopefully this will be done in 120 days? MR. MUSSE: Hopefully it will be. They're living in it. I think, structurally, everything is completed. Now it's just administrative permitting process. CHAIRMAN KAUFMAN: They're living in it? MR. MUSSE: Yes. CHAIRMAN KAUFMAN: Is that a problem? Electrical? MR. LETOURNEAU: Honestly, we've never been inside the interior of the structure, so I can't say if it's dangerous or not, to be honest with you. CHAIRMAN KAUFMAN: Well, it does say "A/C, plumbing, electric demo." It concerns me. MS. CURLEY: I have a question about the document. That signature doesn't look like a signature. It's like they just put their first name, F-a-r-m-a-n. MR. MUSSE: That was from the mother. There was a language barrier. That's how she signed it. The daughter was on the phone, and that's the best we could do when I spoke to the mother yesterday. MS. CURLEY: But were they able to understand what they were saying? MR. MUSSE: The daughter was able to understand it, and the August 23, 2018 Page 47 daughter speaks perfect English and was able to relay the information to her mom. CHAIRMAN KAUFMAN: Sue's going to be working for the FBI in their handwriting division. MS. CURLEY: Looks like a printed name. It was just a little different. CHAIRMAN KAUFMAN: That's the signature. Look at Jonathan's signature. MR. MUSSE: That's my boss right there. MS. CURLEY: That's Joe Mucha. CHAIRMAN KAUFMAN: Mucha. MS. CURLEY: That's a president's signature right there. CHAIRMAN KAUFMAN: Okay. Well, we have a motion -- we have a stipulation. Anybody like to make a motion on the stipulation? MR. ASHTON: I'll make a motion to accept the stipulation as written. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. August 23, 2018 Page 48 MR. MUSSE: Thank you. MR. BLANCO: Next item on the agenda, it's Roman Numeral 6, old business, Letter A, motion for imposition of fines/liens, Item No. 6A1, Case No. CESD20140013027, Sunny Lane, LLC. The board members should have a revised copy of the executive summary. (The speakers were duly sworn and indicated in the affirmative.) MR. LETOURNEAU: Good morning. For the record, Jeff Letourneau, Collier County Code Enforcement. Description of the violation is -- where do I start at? MR. LEFEBVRE: A little rusty. MR. LETOURNEAU: Okay. Description of violation: Numerous unpermitted structures with electric, plumbing, and natural gas. Past orders: On March 23rd, 2017, the respondent's motion for a continuance of this case is granted. See the attached order of the Board, OR5377, Page 517, for more information. On May 25th, 2017, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5400, Page 3530, for more information. The violation has been abated as of July 5th, 2018. Fines and costs to date are as follows: Fines have accrued at the rate of $200 per day for the period between May 26th, 2018, to July 5th, 2018, 41 days, for a total fine amount of $8,200. Previously assessed operational costs of $65.43 have been paid. Operational costs for today's hearing: $59.63. Total amount: $8,259.63. CHAIRMAN KAUFMAN: Okay. Could you state your name on the record for us. August 23, 2018 Page 49 MR. SCHIEFLOE: Yes. My name is Espen Schiefloe. I'm the manager of Sunny Lane, LLC. CHAIRMAN KAUFMAN: Okay. And you are here to? MR. SCHIEFLOE: So I'd like to respectfully ask you waive the accumulated fees, and I'd just like to read a quick statement, if I may. CHAIRMAN KAUFMAN: Sure. MR. SCHIEFLOE: Thank you for your service on the Code Enforcement Board to all of you. We are pleased to inform that we have -- we were successful in coming into compliance with all Collier County codes in February of this year. We obtained a temporary certificate of occupancy at the beginning of February this year, and all inspections were completed around that time and, importantly note, deficiencies existed. Due to Hurricane Irma, I'm sure as you well know, the Building Department has been operating at a limited ability to timely process permitting issues. We were at the final completion of this project. We were asked by the chief building official to go back and open up two expired permits for something unrelated to the code case, and so we obliged, and we went through that process. And it was a really tedious process to re-open these two generator permits. We had to do a change of contractor extension, obtain approvals, hire engineers and so forth, and it was really arduous. We worked really hard at it. But -- and as I mentioned, we were notified of this requirement in February when we were completely 100 percent done with the construction of the code case at great expense and labor and everything. And so we were -- by the time we were able to close out these two ancillary cases to satisfy the building inspector -- the chief building official, then he closed out the code case, and that put us a few weeks past our May 25th deadline. So we'd just respectfully ask to have our abatement of the fines that we've accrued since that date. August 23, 2018 Page 50 CHAIRMAN KAUFMAN: Okay. Any comments, questions from the Board? (No response.) CHAIRMAN KAUFMAN: Any comments from the county? MR. LETOURNEAU: I have no problem with his testimony here. It's all factual. MR. LEFEBVRE: If -- you said that -- in the statement that everything came into compliance in February? MR. SCHIEFLOE: Yes, sir. MR. LEFEBVRE: Then why did you come in front of us on the 23rd of March -- oh, that was last year. MR. ASHTON: That was last year. MR. LEFEBVRE: Wow. MS. FILSON: We gave you a year, right? MR. SCHIEFLOE: I'm sorry? MS. CURLEY: When you were originally here, we offered you a year extension because you were on the island and -- MR. SCHIEFLOE: That's correct. We had a one-year stipulation agreement to do the work, and we were actually as -- I'm sorry. I have to lean down because it's the only way you're going to hear me. I'm 6'5". We had a one-year agreement to do the work, and we were actually done by January 30th where we had a TCO and, again, then just kind of to our chagrin, the Building Official came back with these other requirements just kind of out of the blue while we were 100 percent done. And the Building Department process was just really arduous. It's 30 days to, you know, get a permit reopened up and 30 days to get a change of contractor. It's just very, very slow. MS. CURLEY: I remember this case. Did you have to move the structure back? MR. SCHIEFLOE: We did have to move the structure, yeah, at August 23, 2018 Page 51 great expense, complication. I think everybody thought the odds were against us. Nobody believed we could do it, and we were -- through some persistence and grace of God, managed to get it done. CHAIRMAN KAUFMAN: Jeff, you agree that most of this work or all of it was really done in February? MR. LETOURNEAU: I do. I think that there was some outstanding permits, and the Building Department wouldn't give him his official CO until everything was straightened out on the entire property. MR. SCHIEFLOE: Correct. MS. CURLEY: Also, just a refresher, so when the -- did you do the alterations to the home when you owned it? And then the -- is that how that case started? MR. LETOURNEAU: I'm not sure how the house -- I think he built the house, right? MR. SCHIEFLOE: It's the oldest structure on the island. It's been modified numerous times. Obviously, it didn't have the correct permitting in place, and that's what we did with this, where now it's at 100 percent compliance with both the state and then Collier County and been in 100 percent compliance with all building codes since February of this year. MR. LEFEBVRE: It's a beautiful property. I mean, solar; I mean, everything. MR. SCHIEFLOE: Yeah, a lot of challenges, because it's completely off grid. No services. So we have to make our own power and -- MS. CURLEY: Jeff wants you to violate some more permits so he can come out and visit. MR. LETOURNEAU: I've actually never been out there. I've always just -- MR. SCHIEFLOE: I think the county may have to buy a boat so August 23, 2018 Page 52 that he can -- CHAIRMAN KAUFMAN: Mr. Lefebvre? MR. LEFEBVRE: I make a motion to deny the county's request for imposition of fines. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on that? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. The fines have been, in essence, abated. MR. SCHIEFLOE: Thank you, sir. Thank you. MR. BLANCO: Next item on the agenda, it's Item No. 6A2, Case No. CESD20180006392, Eduardo Rodriguez and Maria L. Rodriguez. And the board members should have everybody's copy of the executive summary. (The speakers were duly sworn and indicated in the affirmative.) MR. SHORT: For the record, Supervisor Eric Short with Collier County Code Enforcement. This is regarding violations of the 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). August 23, 2018 Page 53 Location is 3600 Popular Way, Naples, Florida; Folio 22670600009. Unpermitted wood structures, metal carport, and concrete columns on the residential property. Past orders: On May 24th, 2018, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5519, Page 3619, for more information. The violation has been abated as of July 30, 2018. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from July 24th, 2018, to July 30th, 2018, seven days, for a total fine amount of $1,400. Previously assessed operational costs of $59.56 have been paid. Operational costs for today's hearing is $59.42. Brings us to a total of $1,459.42. CHAIRMAN KAUFMAN: Okay. Sir? MR. RODRIGUEZ: I can't speak English too much. So could somebody give me help? I speak English. CHAIRMAN KAUFMAN: You -- MR. RODRIGUEZ: Little bit English but, I mean -- CHAIRMAN KAUFMAN: Your English is very good. MR. RODRIGUEZ: Okay. So -- CHAIRMAN KAUFMAN: Move the microphone down a little bit. MR. RODRIGUEZ: Okay. So the problem to me, I put in to permit to build a small house for my dogs. I'm waiting for my permit, so it's only the problem. Just can remove the houses. The only answer is my pole (sic). It's only take about two days to remove everything. But I'm waiting for my permit for my dogs. So I want to see -- not sure the money for me, you know, so it's -- August 23, 2018 Page 54 CHAIRMAN KAUFMAN: So you're asking for the fines to go away? MR. RODRIGUEZ: Yes, whatever I ask you. MR. LEFEBVRE: I make a motion to deny the county's request for imposing the fines so, therefore, there will be no fines; if we agree, there will be no fines on the property. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. No fines. MR. RODRIGUEZ: Thank you. MR. LEFEBVRE: Have a good day. CHAIRMAN KAUFMAN: Enjoy your dogs. MR. RODRIGUEZ: Thank you. MR. BLANCO: Mr. Chairman, next item on the agenda under Roman Numeral 7, new business, we have a review of the Code Enforcement Board rules and regulations. Has the Board had a chance of reviewing the draft I emailed? CHAIRMAN KAUFMAN: We just got those late this week, so I would suggest we postpone that discussion until the next meeting. MS. NICOLA: Can I ask a question, Danny? Is there anything August 23, 2018 Page 55 that's -- I got this today. And if it was emailed, I apologize, because I didn't see it. But are there any proposed changes? And if they were, are they redlined in the email? MR. BLANCO: We didn't -- all we did was updated our procedures as far as how we deliver the hearing packets. We no longer, you know, do the mailing, and we no longer hand deliver the packet. So we, you know, made that revision, and then we added -- the rules state that the secretary of the Board is the one that coordinates everything with the hearing, so we added "designee" to -- so it's the secretary of the Board and her or his designee are responsible for, you know, doing everything for the hearing procedures. MS. NICOLA: Could you just give me an idea where in these -- in the rules and regulations the provision is for the delivery of the notice to the violators? Because I think -- we just want to make sure it complies with due process, so I want to look at it. MR. LEFEBVRE: It's not the violators. Isn't it just to the Board? MR. BLANCO: Yeah, just to the Board. MS. NICOLA: Oh, I'm sorry. MR. BLANCO: Yeah, just to the board members. MS. NICOLA: I thought you said notice of violation. That was what concerned me. Okay. Well, if you guys are okay with it, then -- MR. BLANCO: Yeah. Just how we deliver the hearing packet to the Board members. MS. NICOLA: Never mind. CHAIRMAN KAUFMAN: I'd like the opportunity to take the next month, since there's no fire here, if you will, to review it, and see if there are any changes that might streamline the process, et cetera. MS. CURLEY: It is helpful if just -- because I had asked Danny yesterday if he could send the -- like, the marked-up version. And if there's not a lot of changes, just let us know what article and what August 23, 2018 Page 56 section was changed, and then we -- you know, because we read them last year, but it's just helpful, instead reading 19 or 20 pages, if we just go and, you know, check. That's just simpler. MS. NICOLA: And I think the Board needs to be careful, too, when looking at these rules and regulations, because there are some provisions in here for violations, and we have, at times, gone on and on about whether we can create some standards for how you guys rule and the things that you do when you have different things that people are before the Board for, you know, to establish some protocol, and we have an actual statute. And I think we've had a few new members that maybe weren't present when we had the retreat last year or two years ago. CHAIRMAN KAUFMAN: Two years ago. MS. NICOLA: Two years ago, and we actually looked at the actual statute and compared it to the Code Enforcement Board rules and regulations. So that might be helpful. And if I have that, maybe what I'll do is I'll scan it, unless you have it Danny. We can get it -- the actual statute so that we're not looking at -- CHAIRMAN KAUFMAN: 163? MR. BLANCO: 162. CHAIRMAN KAUFMAN: 162. It was marked down. It used to be -- MS. NICOLA: What we don't want to do is have somebody say, well, I look at this, and I don't particularly like this very much, so we'll make some changes. We can't do that because we have an actual statute that controls, and it's just been inserted into these rules, so I just wanted to make that point. CHAIRMAN KAUFMAN: Okay. So we can discuss this at -- put this on the agenda for the next meeting? MR. BLANCO: Yeah. I'll email the Board members our Florida Statute 162, so if you guys want to review it or just, you know, August 23, 2018 Page 57 read through it. MR. LEFEBVRE: And then the mark-up version. MR. BLANCO: Yes. MR. LEFEBVRE: This is usually done -- isn't it usually done in, like, March? CHAIRMAN KAUFMAN: February. MR. LEFEBVRE: February or March. MR. BLANCO: We do the elections in March, and that's usually when we -- you know, we just kind of put it together, but we wanted to make some changes, just update it, because it's been a while since we updated the rules. So the procedures that were stated in the rules were stuff that our office no longer, you know, does, so we just wanted to update everything with our current procedures. MR. LEFEBVRE: They're outdated. MS. CURLEY: Thanks, Danny. MR. LEFEBVRE: Very good. CHAIRMAN KAUFMAN: Anything else from the county? MR. BLANCO: No, sir. CHAIRMAN KAUFMAN: Anything else from the Board? MR. LEFEBVRE: Motion to adjourn. MS. CURLEY: Second. CHAIRMAN KAUFMAN: Second. Lionel, good luck. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:40 a.m. August 23, 2018 CODE ENFORCEMENT BOARD OP4441111144 ,0 BE = 4137AN, CHAIRMAN These minutes approved by the Board on Sep-1 . a9 20(as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 58 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE MAILING ADDRESS /� THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON ii-7 V /� / r WHICH I SERVE IS A UNIT OF: CITY COUNTY QCITY COUNTY DOTHER LOCAL AGENCY ✓ Aft-5 //( i /' ' 4% NAME OF POLITICAL SUBDIVISION: DATE ON CH VOTE OCCURRED c,� �� ��{- - f1 f� MY POSITION IS: 0 ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF 'OF LOCAL OFFICER'S INTEREST I, ��D V'l mac;hereby disclose that on AAP(3'7 7 ,20 (a)A measure came or will come before my agency which (check one) ❑ inured to my special private gain or loss; inured to the special gain or loss of my business associate, 3�kr 1 14 - d'T ��f=602 -- ; inured to the special gain or loss of my relative, inured to the special gain or loss of , by whom I am retained; or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: eAsz . ?o Ucvo / amu; fid, o' oA 47.0- Date Filed Si.nature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF. 1/2000 PAGE 2