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CEB Minutes 04/28/2005 R April 28, 2005 TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD Naples, Florida, April 28, 2005 LET IT BE REMEMBERED, that the Code Enforcement Board in and for the County of Collier, having conducted business herein, met on this date at 9:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Clifford Flegal Sheri Barnett Raymond Bowie Richard Kraenbring Gerald Lefebvre George Ponte (absent) ALSO PRESENT: Jean Rawson, Attorney for the Board Michelle Arnold, Code Enforcement Director Jennifer Belpedio, Assistant County Attorney Leonardo Bonanno, Code Enforcement Coordinator Page 1 --..- CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: APRIL 28, 2005 at 9:30 a.m. Location: 3301 E. Tamiami Tr., Naples, Florida, Collier County Government Center Administrative Bldg "F", 3rd Floor NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - MARCH 29, 2005 - WORKSHOP MARCH 30, 2005 - REGULAR 4. PUBLIC HEARINGS A. MOTIONS 1. Motion for Continuance 1. BCC vs. Fred & Norma Kowalke CEB NO. 2004-37 B. HEARINGS 1. CASE NO: CASE ADDR: OWNER: INSPECTOR: 2005-15 8970 FONTANA DEL SOL WAY (BLDG 102 STE 2) P ASTOOR PROPERTIES OF COLLIER COUNTY DENNIS MAZZONE VIOLATIONS: Ordinance 04-41 as amended, the Collier County Land Development Code, secs IO.02.06(B)(I)(a), 1O.02.06(B)(I)(d) and 1O.02.06(B)(1)(d)(i) Interior renovations without Collier County Building Permits 5. NEW BUSINESS A. Request for Imposition of Fines/Liens 1. BCC vs. Fred & Norma Kowalke 2. BCC vs. Debbi Maschino 3. BCC vs. Wind Dancer Airboat Tours, Joseph Hamilton CEB NO. 2004-37 CEB NO. 2004-51 CEB NO. 2004-76 6. OLD BUSINESS 7. REPORTS A. CEB Case 2004-01 BCC vs. Robert France: Status Report a. The Respondent was ordered to furnish a status report prior to this hearing as a condition of the extension of time granted at the hearing of January 27,2005. B. Year-to-Date Affidavits C. County Attorney Quarterly Report - Jeff Klatzkow, Assistant County Attorney 8. COMMENTS 9. NEXT MEETING DATE MA Y 26, 2005 10. ADJOURN --'~".~,,,",,..,.- April 28, 2005 CHAIRMAN FLEGAL: Let's call the Code Enforcement Board to order, please. Please make a note, 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. As a note to go along with that, we've been having -- I say we __ our reporter has been having some difficulty because we all tend to talk at once to get our points across. We're going to try to change that. In an effort to ensure that any verbatim record is as accurate as possible, this meeting and the public hearing shall be conducted as follows: Board members, members of the county staff, the respondent, all the attorneys, any witnesses and any others present shall refrain from speaking until recognized by the Chair. In other words, what we're saying is please do not talk unless I give you permission to talk. That way our recorder can get everything down and it will be as accurate as possible. Okay? Let's have our roll call, please. MR. BONANNO: Chairman Flegal? CHAIRMAN FLEGAL: Present. MR. BONANNO: Mr. Bowie? MR. BOWIE: Here. MR. BONANNO: Ms. Barnett? MS. BARNETT: Here. MR. BONANNO: Mr. Lefebvre? MR. LEFEBVRE: Here. MR. BONANNO: For the record, Mr. Ponte is not here today. He did advise us in advance. And for the record, Mr. Kraenbring is not here this morning and Page 2 -"-~.._- April 28, 2005 did not notify me. CHAIRMAN FLEGAL: Okay. We do have four members present, there is a quorum, so we can proceed. Approval of our agenda as submitted. Are there any changes to our agenda? MS. ARNOLD: Yes. For the record, Michelle Arnold, Code Enforcement Director. We are removing Item 4(A)(1), which is a continuance, request for a continuance, motion for a continuance, as well as Item 5(A)(1 ) from the agenda. That matter has been resolved. We're also requesting that Item 5(A)(2) be moved up and heard before the public hearing, if that's okay. The respondent has to get back to her job. CHAIRMAN FLEGAL: Okay. Any other changes? MS. ARNOLD: No. CHAIRMAN FLEGAL: I'd entertain a motion to accept the agenda as changed. MR. LEFEBVRE: Make a motion to accept the agenda as changed. MR. BOWIE: Second. CHAIRMAN FLEGAL: We have a motion and a second to accept the agenda as changed. All those in favor, signify by saying aye. MR. BOWIE: Aye. MS. BARNETT: Aye. MR. LEFEBVRE: Aye. CHAIRMAN FLEGAL: Aye. Any opposed? (No response.) CHAIRMAN FLEGAL: Approval of our minutes. First our workshop of March the 29th. Are there any changes, corrections to those minutes? Page 3 ~-_._--,,---'''--.'-,.._-_._--_.~...... April 28, 2005 (No response.) CHAIRMAN FLEGAL: If none, I would entertain a motion to accept. MR. BOWIE: Move to accept those minutes. MR. LEFEBVRE: Second. CHAIRMAN FLEGAL: We have a motion and a second to accept the March 29th workshop minutes. All those in favor, signify by saying aye. MR. BOWIE: Aye. MS. BARNETT: Aye. MR. LEFEBVRE: Aye. CHAIRMAN FLEGAL: Aye. Any opposed? (No response.) CHAIRMAN FLEGAL: Our regular meeting of March 30th minutes. Any changes or corrections? MS. BARNETT: I make a motion to accept the minutes. MR. LEFEBVRE: Second. CHAIRMAN FLEGAL: We have a motion and a second to accept the March 30th minutes as submitted. All those in favor, signify by saying aye. MR. BOWIE: Aye. MS. BARNETT: Aye. MR. LEFEBVRE: Aye. CHAIRMAN FLEGAL: Aye. Any opposed? (No response.) CHAIRMAN FLEGAL: Okay, first item is request for imposition of fines. BCC versus Debbie Maschino. Case 2004-51. MR. BONANNO: This case first came before the board on September 23rd, 2004 for a violation against Collier County Ordinance 91-102, the Land Development Code. Page 4 -____0".__.,"._._______ ........ ....,_......._..__......_.... April 28, 2005 An order -- findings of fact, conclusion of law and order was issued, of which you all have been given a copy. The Code Enforcement Department is requesting that an order imposing fine -- imposing lien be issued in the amount of$11,569.83 be imposed, which reflects fines and operational costs to date. And just as a note, this case still is in noncompliance status, so the fines will continue to grow. CHAIRMAN FLEGAL: Okay. MS. ARNOLD: And Mr. Chairman, we do have Ms. Maschino here, and she may want to speak to the board. CHAIRMAN FLEGAL: Yes, ma'am, come forward, please. (Speaker was duly sworn.) CHAIRMAN FLEGAL: Yes, ma'am, anything you'd like to tell us? MS. MASCHINO: Yes, sir. First of all, thank you for moving me up. This property was quitclaim deeded in my name by my boyfriend's parents, Terrill 1. Smith. But he actually was the one that came last time because I had some family health problems. He has not done what he's supposed to do. And I have had a hard time with it. I have bitched until I can't bitch anymore. And he has stopped doing anything. We've done part of it. The little trailer's gone. Two of the three cars are gone. All that's left is basically the big trailer. And I found a guy that will bulldoze it down for a thousand dollars. He's supposed to do it tomorrow. I'm selling my truck to get the money. I don't know what else to do, because it is in my name. His parents owned it before. And we also have a house in my name because my boyfriend had no credit. So it all got put into my name, and probably one of the worst mistakes I ever made. I'd appreciate it if you could give me a little more time. Like I said, I've got the guy's name here that's supposed to bulldoze it Page 5 ---., -'>..._....-..--._._--~.,~ April 28, 2005 tomorrow. But that's all repercussion on if I can sell the truck today, which I have somebody that wants to buy it. So if it all goes through today, then I can pay this guy tomorrow. CHAIRMAN FLEGAL: Okay, a couple things you need to understand. More time -- your fines are already accruing because the time has passed. So we would need to -- you would need to make a request of the county to have an extension, which this isn't it. All this is to do is to impose the fines now. Should we, the board, decide to impose this fine that the county's asking for, when everything is resolved you can ask the county to be put back on the agenda and ask the board to reduce the fines and explain to us why you think we should reduce them. MS. MASCHINO: Okay. CHAIRMAN FLEGAL: And be specific as to whatever problem -- you know, you have to give us a firm reason for reducing the number. But you have the right to come back and do that at a later date. MS. MASCHINO: Okay. CHAIRMAN FLEGAL: Okay? So anything we would do today does not take away the right for you to come back later, okay? We understand that you're working to resolve the problem, but this isn't the time to ask for an extension. What we're doing now is just imposing a fine. We're not here to rehear the case or anything. It's either impose the number the board asked us -- the county asks us to, or we could reduce it, but since everything is not completed yet __ (At which time, Mr. Kraenbring enters boardroom.) CHAIRMAN FLEGAL: -- I don't think that would be a good move on the board's part, okay? But you can come back later. MS. MASCHINO: I understand that, yeah. CHAIRMAN FLEGAL: Anything else you'd like to say, ma'am? MS. MASCHINO: No, thank you. CHAIRMAN FLEGAL: Thank you. Page 6 '-'~^^ April 28, 2005 Okay, for the record, Cherie', note -- okay, thank you. Okay, since we moved this up on this item, let's continue. And the county has requested to impose the fines of$11,569.83, which is broken down into fines for noncompliance and operational costs. If there's no questions by board members, I would entertain a motion to impose the fines as requested. MS. BARNETT: I'll make the motion to go ahead and impose the fine of$11,569.83 in the CEB Case No. 2004-51. MR. BOWIE: Second that. CHAIRMAN FLEGAL: We have a motion and a second to impose the fines as requested. Any further discussion? (No response.) CHAIRMAN FLEGAL: Hearing none, all those in favor, signify by saying aye. MR. BOWIE: Aye. MS. BARNETT: Aye. MR. LEFEBVRE: Aye. CHAIRMAN FLEGAL: Aye. Any opposed? (N 0 response.) CHAIRMAN FLEGAL: Okay . We'll now open our public hearings. Case No. 2005-15, BCC -- I'm sorry, wrong -- versus __ MR. BONANNO: Pastoor Properties. CHAIRMAN FLEGAL: Pastoor Properties, okay. MR. BONANNO: This is CEB Case No. 2005-15, Board of County Commissioners versus Pastoor Properties of Collier County. The violation is that of section -- MS. ARNOLD: If I can interrupt, because there has been a stipulation that has been agreed to. And the investigator's here, if he can enter that into the record and then have Mr. Pastoor confirm that, we could avoid the whole public hearing. CHAIRMAN FLEGAL: Okay. Page 7 April 28, 2005 (Speaker was duly sworn.) MR. MAZZONE: For the record, my name is Dennis Mazzone. I'm an investigator for Collier County Code Enforcement. And Mr. Pastoor has agreed to stipulate to the following conditions. Shall I read those to you? CHAIRMAN FLEGAL: Yes, please. MR. MAZZONE: I'll read the description of the violation first. Interior renovations to existing commercial improvements in a PUD district in Collier County known as Suite 2 of building 102, at 8970 Fontana Del Sol Way , Naples, Florida. Consisting of but not limited to partition walls and electrical improvements and alterations and additions without a Collier County building permit. The recommendation that we've agreed to is that the Code Enforcement Board order the respondent to pay all operational costs incurred in the prosecution of the case and abate all violations. The operational costs, the amount that I have here, would be $563.86 to date. It continues to say that the respondent must obtain all required Collier County building permits and follow through with all required inspections and certificate of occupancy within 45 days from the Code Enforcement Board hearing or a fine of $50 per day will be imposed each day the violation continues. And it also continues to say, if respondent does not wish to permit any of the non-permitted improvements, alterations and additions, respondent must then obtain a Collier County demolition permit and remove all non-permitted improvements, alterations and additions and vacate and secure premises in question within 45 days from the Code Enforcement Board hearing, or a fine of $200 a day per day will be imposed for the violation as it continues. Also, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm the abatement. Page 8 April 28, 2005 Are there any questions? CHAIRMAN FLEGAL: No. The respondent has agreed to that? Mr. Pastoor? MR. PASTOOR: Yes, sir? CHAIRMAN FLEGAL: Would you come forward, please. (Speaker was duly sworn.) MR. P ASTOOR: George Pastoor is my name. CHAIRMAN FLEGAL: Sir, do you agree that you are in violation of the ordinance? MR. PASTOOR: Yes, sir. CHAIRMAN FLEGAL: With the stipulated agreement that the county has just told the board about, are you in agreement that you will abide by that? MR. PASTOOR: Yes, sir. CHAIRMAN FLEGAL: Board members have any questions? MR. BOWIE: Just one of the respondent. Sir, you've been cited in the manner in which you hold title to this property, which is as Pastoor Properties of Collier County, a limited liability company. MR. PASTOOR: Yes, sir. MR. BOWIE: You're appearing here today in what capacity on behalf of that company? MR. P ASTOOR: I own the property, and there's several pieces to it, and I'm in one of those pieces. MR. BOWIE: There's only one property involved here and that is owned by Pastoor Properties of Collier County, LLC. MR. PASTOOR: Yes, and that's-- MR. BOWIE: And that's the property in which the violation has occurred. MR. P ASTOOR: Yes. MR. BOWIE: You're appearing as what, the manager of this company? What is your legal -- Page 9 ___~."_"U April 28, 2005 MR. P ASTOOR: No, I own the business that's in that piece of property. I'm just one of the components. There's six different units. MR. BOWIE: Okay. So now we're getting confused, because we need to determine what capacity you're agreeing to do this, this stipulation. MR. P ASTOOR: I don't follow your question then. I'm sorry. MR. BOWIE: What authority do you have on behalf of the owner of the property? I don't care what business it's in. That could be you or Cheeseboro, okay? MR. P ASTOOR: Yeah, yeah. MR. BOWIE: The property is owned by Pastoor Properties of Collier County, LLC. MR. PASTOOR: Yes. MR. BOWIE: All right. That is a juridical artificial entity. It's like a corporation, all right? MR. PASTOOR: Yes. MR. BOWIE: What are you -- in acting for this LLC, what capacity do you act for it? Are you the manager of it? MR. P ASTOOR: No. CHAIRMAN FLEGAL: Are you the owner -- MR. PASTOOR: I'm the owner of the building, if that's the question. CHAIRMAN FLEGAL: Who -- are you the -- I guess are you Pastoor Properties of Collier County, LLC -- MR. P ASTOOR: Yes. CHAIRMAN FLEGAL: -- or do you have a bunch of other people in there with -- MR. P ASTOOR: No, no, no, it's myself and my wife. CHAIRMAN FLEGAL: You personally. MR. PASTOOR: Yes. MR. BOWIE: You personally, okay. So you're the only members or owners of this company, and therefore you're managing Page 10 April 28, 2005 members? MR. PASTOOR: Yes, my wife and myself. MR. BOWIE: Okay. So you can speak for and-- MR. PASTOOR: Yes. MR. BOWIE: -- represent the LLC. MR. PASTOOR: Yes, sir. MR. BOWIE: That's the whole point. MR. PASTOOR: Yes, sir. MR. BOWIE: Okay. CHAIRMAN FLEGAL: We don't want your next door neighbor to come up here and agree to it, then you don't know anything about it. MR. PASTOOR: Oh, I see what you're saying. Yeah, okay. No, no. CHAIRMAN FLEGAL: Okay, that's what we're trying to get to. MR. PASTOOR: Okay. CHAIRMAN FLEGAL: Any other questions for Mr. Pastoor? (No response.) CHAIRMAN FLEGAL: Thank you, sir. MR. P ASTOOR: Thank you. CHAIRMAN FLEGAL: Anything else you wish to tell us, Dennis? MR. MAZZONE: No, sir. CHAIRMAN FLEGAL: Thank you. MR. MAZZONE: Thank you. CHAIRMAN FLEGAL: Okay, we have a stipulated agreement agreed to by both parties presented to us. Any questions from the board about the agreement? (No response.) CHAIRMAN FLEGAL: If none, I would entertain a motion to accept the stipulated agreement as presented. MS. BARNETT: I make a motion to accept the stipulated agreement in Code Enforcement Board Case No. 2005-15, as stated. Page 11 "'~- "._-~_.... April 28, 2005 MR. BOWIE: I'll second that. CHAIRMAN FLEGAL: We have a motion and a second to accept the stipulated agreement as presented to the board. Any further discussion? (No response.) CHAIRMAN FLEGAL: All those in favor, signify by saying aye. MR. BOWIE: Aye. MS. BARNETT: Aye. MR. LEFEBVRE: Aye. MR. KRAENBRING: Aye. CHAIRMAN FLEGAL: Aye. Any opposed? (No response.) CHAIRMAN FLEGAL: That closes the public hearings. We're down to new business. Request for imposition of fines. We have one, BCC vs. Wind Dancer. Leo's informed me that the attorney for Wind Dancer wishes to participate. It will have to be by phone, so let's take five minutes while Leo organizes this. (Brief recess.) CHAIRMAN FLEGAL: Let's call the board back to order, please. We have our respondent's attorney on the line. Is that who it . L ? IS, eo . MR. BONANNO: Yes. CHAIRMAN FLEGAL: Ma'am, would you introduce yourself, please. MS. HAMILTON: Yes, sir, thank you. My name is Lori Hamilton. I am an attorney licensed in Florida, but I'm in Atlanta, Georgia right now, and I represent Joseph Hamilton. CHAIRMAN FLEGAL: Okay. The order before us -- request before us is to impose fines. If you'll listen, that will take place in just Page 12 ---....-......-.....,.... ~_._~---~, April 28, 2005 a moment, the request to do that. MS. HAMILTON: Okay, thank you, sir. MR. BONANNO: This is CEB Case No. 2004-76, Board of County Commissioners versus Wind Dancer Air Boat Tours, and Joseph Hamilton, the owner of that company. This case first came before the board on January 27th, 2005. A findings of fact, conclusion of law and order was issued on that date, which you all have a copy of, for a violation of Ordinance 91-102, the Collier County Land Development Code. The Code Enforcement Department is requesting an order imposing lien be issued in the amount of $3,683.46 for fines and operational costs in this case. Also, this case is still in noncompliance status, so these fines would continue to grow. The investigator for the case, Travis Snoderly, is available if anyone has any questions. And as you've already introduced (sic), Ms. Hamilton is available by phone. CHAIRMAN FLEGAL: Okay, the county has requested that we impose these fines. Does the county have anything else to add? (Speaker was duly sworn.) MR. SNODERL Y: Just for the record, Investigator Travis Snoderly with Collier County Code Enforcement. I was out on the site yesterday. I would like to put a picture __ CHAIRMAN FLEGAL: Ms. Hamilton, we're being shown a sign, a picture of a sign. MS. HAMILTON: Okay, thank you. MR. SNODERL Y: As the board mayor may not remember, prior to our last time meeting about this, that there was some additional superfluous materials above the top of the sign, if you can see my pen. The Wand the D came up above this sign area here. And as well, it looks like some address numbers have been added to the actual pole cover. Page 13 April 28, 2005 Unfortunately there still is no active valid permit on this sign, and nor do the address numbers comply with the requirement of eight-inch lettering. So unfortunately my site visit revealed that the violation remains as of yesterday. CHAIRMAN FLEGAL: Ms. Hamilton, did you hear that? MS. HAMIL TON: Yes, sir, thank you. CHAIRMAN FLEGAL: Do you have anything to tell the board? MS. HAMILTON: If I may, Your Honor-- CHAIRMAN FLEGAL: Just Mr. Chairman would be fine. It's not a court, ma'am. MS. HAMILTON: Sorry, I'm used to speaking to judges. CHAIRMAN FLEGAL: I understand. MS. HAMILTON: We would -- I asked for a continuance in this case so that we can come in to compliance; so that we can pull an active valid permit and get the sign in compliance. I know that at this point in time, because no one appeared on January 27th, that we can't rehash the substantive issues of the case. I will just say that he did not erect a whole new sign, he just added some things to it which were in violation, we understand that. If we could just have a continuance of 30 to 60 days to get into compliance and then come back in front of the board and address this issue of imposing the fines and the liens, that would be most appreciative. CHAIRMAN FLEGAL: Well, I'll say two things: We weren't aware that you were going to request additional time, and if we were to grant any additional time, that would change our order, thus eliminating any fines that have been accrued to date. So what we're here today to do is because your client didn't comply by, was it January -- or February -- MS. HAMILTON: February 26th. CHAIRMAN FLEGAL: -- February 26th, fines have been accruIng. Page 14 ~-_......,.._.._..,._-,~- April 28, 2005 Now, if we do impose these fines, your client may, when everything is all said and done, however long it takes to get a permit, you and your client can come to the board and present your case for reducing the fine amount. If you have some quote, unquote, circumstances that would convince us that we should reduce any fine that's been imposed, we're willing to hear that, and then we'll debate the question. And we may reduce it, we may leave it alone, we may abate it altogether, so -- MS. HAMILTON: Okay. CHAIRMAN FLEGAL: -- those options are still out there for you. MS. HAMILTON: Okay. CHAIRMAN FLEGAL: Okay? MS. HAMILTON: I understand. CHAIRMAN FLEGAL: So if we would impose today -- and that hasn't been done yet, but I'm saying if we do that, your client still has the right to come back later and present a case for us to reduce or abate. And you must -- you know, they must be very specific and valid. MS. HAMILTON: Okay. CHAIRMAN FLEGAL: I think you understand what I'm trying to tell you. MS. HAMILTON: Yes, sir, I do. CHAIRMAN FLEGAL: Okay. MS. HAMILTON: I will say that there was a death in the Hamilton family that kind of threw everybody for several months. But whatever leniency that you show us today we will appreciate. Thank you. CHAIRMAN FLEGAL: And from what you just said, that's the kind of information, should we do anything today, that you want to bring back to us at a later date, once your client is in compliance. MS. HAMILTON: Okay. Page 15 "..._._".-".--~~ April 28, 2005 CHAIRMAN FLEGAL: It's very important that he be in compliance before you really start asking us to do something for you. MS. HAMILTON: Okay. CHAIRMAN FLEGAL: Right now, as far as I think the board is concerned, you haven't done anything for us. We've ordered to you do something and you haven't done it. MS. HAMILTON: Yes, sir. CHAIRMAN FLEGAL: So we need to show -- we need to see that you are doing something. MS. HAMILTON: Okay. CHAIRMAN FLEGAL: Because right now you're still in noncompliance. MS. HAMILTON: Yes, sir. CHAIRMAN FLEGAL: Okay. Any member of the board have any questions for either? (No response.) CHAIRMAN FLEGAL: Okay, at this time the board will make a determination. The county has asked us to impose an order for fines and operational costs in the amount of $3,683.40. MR. BOWIE: I'd like to make a motion that in Case No. 2004-76 that the board impose a lien in the amount of $3,683.40, including fines and operational costs incurred in this case. MS. BARNETT: I'll second that. CHAIRMAN FLEGAL: Okay, we have a motion and a second to impose the fines as requested by the county. Any further discussion? MS. HAMILTON: No, sir. CHAIRMAN FLEGAL: Hearing none, all those in favor, signify by saying aye. MR. BOWIE: Aye. MS. BARNETT: Aye. Page 16 April 28, 2005 MR. LEFEBVRE: Aye. CHAIRMAN FLEGAL: Aye. MR. KRAENBRING: Aye. CHAIRMAN FLEGAL: Those opposed? (No response.) CHAIRMAN FLEGAL: The vote was 5-0, Ms. Hamilton, so these fines will be imposed, but your client still has the right, once he's in compliance, for you and! or he to come before us and make a request. MS. HAMILTON: Okay, thank you. CHAIRMAN FLEGAL: And your client is to understand that until he comes into compliance, the fines and costs will continue to accrue on a daily basis. This is just through the period from February 26th to April 28th. So until he complies, the clock keeps ticking. MS. HAMILTON: Yes, sir. CHAIRMAN FLEGAL: And the money keeps mounting up. MS. HAMILTON: Yes, sir. CHAIRMAN FLEGAL: Okay. Thank you, ma'am. MS. HAMILTON: Thank you. CHAIRMAN FLEGAL: That's the last of our new business for imposition of fines. We have no old business. We have a report from Mr. France's attorney. He's there to report monthly to us on the status that has been presented. Has the county had any discussion, or are they satisfied with what's proceeding? MS. ARNOLD: Yes, we are. CHAIRMAN FLEGAL: We have an affidavit report. I assume this is from staff? MS. ARNOLD: Yes. Leo can present that. I'm having to leave; I have another appointment. CHAIRMAN FLEGAL: Okay, I understand. MR. BONANNO: It was brought to my attention that apparently Page 1 7 April 28, 2005 the former secretary to this board provided copies of all the affidavits that were recorded for any cases that came here. I was unaware of that, so I apologize for not having done it sooner. But rather than provide copies of the actual affidavits, because you get them anyway in the imposition of fine packets, I just broke it down to a condensed list form. CHAIRMAN FLEGAL: That's fine. The less paperwork, the better. My only question would be on the orders where we show noncompliance, one, two, three, four, five, six, seven, and there's one partial, and looking at the dates of them, these are fairly old cases. Have these cases been forwarded to foreclosure? MR. BONANNO: From what I understand, most of them, yes. Because a lot of them were initiated before I became secretary. So yes, any of them that haven't will come back here to ask for that permission. I'm still playing catch-up with some of the files that have existed before me. So as we find them, we bring them to you, yes. CHAIRMAN FLEGAL: Good, that was my only question. Any questions from the board on that report? (No response.) CHAIRMAN FLEGAL: The quarterly report from the Assistant County Attorney on the cases we've sent him. I don't know that he wants to talk to us, but he's here. MR. KLATZKOW: I'm always happy to talk to you gentlemen. Jeff Klatzkow, Assistant County Attorney. Last report I did was January 27th. At that time we had 30 active cases. Since that time, you've sent us two cases and we've closed out three, leaving us with 29 active cases. Year to date, we've collected approximately $65,000 in outstanding fines. That compares with approximately $51,000 for all of 2004. So we're substantially ahead of the game this year as far as collecting outstanding fines. Page 18 - ,- -. _..~,,__~~'_.__,___,_,_.___,_._. w April 28, 2005 And I'm open to any questions you might have. CHAIRMAN FLEGAL: Great job. MR. KLATZKOW: Thank you. CHAIRMAN FLEGAL: I would say I hope we don't send you anymore cases, but unfortunately I think we will. I know you have a great pile of work to do, but thank you for your report, sir. MR. KLATZKOW: You're welcome. CHAIRMAN FLEGAL: Gee, we've never had a meeting this short. We're all kind of lost of what to do. Any comments from any of the board members, or staff? (N 0 response.) CHAIRMAN FLEGAL: Our next meeting is May 26th at our normal time of 9:30 here in this room. MS. BARNETT: Just make note that I will not be able to attend. CHAIRMAN FLEGAL: And George should be back at that time. Anything else? (N 0 response.) CHAIRMAN FLEGAL: I would entertain a motion to adjourn. MR. BOWIE: So moved. MR. LEFEBVRE: Second. MS. BARNETT: Second. CHAIRMAN FLEGAL: We have a motion and a double second. All those in favor, signify by saying aye. MR. BOWIE: Aye. MS. BARNETT: Aye. MR. LEFEBVRE: Aye. MR. KRAENBRING: Aye. CHAIRMAN FLEGAL: Aye. Thank you. ****** Page 19 April 28, 2005 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:04 a.m. CODE ENFORCEMENT BOARD CLIFFORD FLEGAL, CHAIRMAN Transcript prepared on behalf of Gregory Court Reporting Service, Inc., by Cherie' R. Nottingham. Page 20 >---...-- -.,--,..,.-,,,--