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CEB Minutes 11/16/2018November 16, 2018 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, November 16, 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 Ron Doino Kathleen Elrod Gerald J. Lefebvre Ryan White (alternate) Herminio Ortega (absent) ALSO PRESENT: Danny Blanco, Code Enforcement Specialist Helen Buchillon, Administrative Secretary Jeff Letourneau, Manager of Investigations Tamara Lynne Nicola, Attorney to the Board November 16, 2018 Page 2 CHAIRMAN KAUFMAN: Good morning. 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 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. Okay. We're going to have a little bit -- a change in our agenda here before we do the agenda. And today is the last day for our attorney as she peers up from her paperwork. So we wanted to recognize our latest judge from Collier County, Tamara. MS. NICOLA: Thank you, everybody. CHAIRMAN KAUFMAN: And I think, Sue, you're in charge of the flower presentation. Better we put this -- MS. NICOLA: That's so nice. Thank you. Awe, thank you so much. That's so nice, thank you. I've loved being here with you guys. I was a little sad yesterday at our last meeting and today this last meeting. It's been a really great thing for me to do in my career, so I appreciate it, and I appreciate the gesture. Thank you. CHAIRMAN KAUFMAN: Okay. I know that you have to leave early today. MS. NICOLA: I do, yes. November 16, 2018 Page 3 CHAIRMAN KAUFMAN: What time do you have to leave? MS. NICOLA: Ten. CHAIRMAN KAUFMAN: Ten. What about 10 minutes to 10 we'll interrupt whatever we're doing to salute you as you walk past the doors and take a picture? MS. NICOLA: Oh, that would be great. Thank you. CHAIRMAN KAUFMAN: Okay. So going back to our agenda, I'd like everybody to rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Why don't we start out with the roll call. MS. BUCHILLON: Good morning. CHAIRMAN KAUFMAN: Good morning. MS. BUCHILLON: Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Gerald Lefebvre? MR. LEFEBVRE: Lefebvre. Here. MS. BUCHILLON: Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Ronald Doino? MR. DOINO: Doino. Here. MS. BUCHILLON: Doino, okay. Robert Ashton? MR. ASHTON: Here. MS. BUCHILLON: Mr. Ortega's not here. Herminio Ortega's not here. CHAIRMAN KAUFMAN: Herminio, are you here? I don't see him. MS. BUCHILLON: No. And, Ryan White. MR. WHITE: Here. CHAIRMAN KAUFMAN: Okay. So we have two names that November 16, 2018 Page 4 are easy to pronounce, maybe two and a half. We'll go from there. MS. CURLEY: Present. MS. BUCHILLON: Oh, I'm sorry, Sue. Sue Curley. MS. CURLEY: How could you miss me? CHAIRMAN KAUFMAN: Oh, you're here, too. Okay. Has everybody seen the minutes? They were sent out. MR. LEFEBVRE: Motion to approve. MR. ASHTON: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: Motion and a second to approve the minutes. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Do we have any changes on the agenda? MS. BUCHILLON: Yes, we do. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Roman Numeral 5, under B, stipulations, No. 1 from hearings, CE0CC20180009268, Hamo Gutic. Number 5, from hearings, CESD2018003308, Germaine Nelson. Number 2 from hearings, CESD200003760 (sic), Daniel Maurer and Kimberly Maurer. Those are stipulations. CHAIRMAN KAUFMAN: Those are stipulations. Do we have any changes, any discontinued cases, et cetera? November 16, 2018 Page 5 MS. BUCHILLON: Yes, we do. CHAIRMAN KAUFMAN: Which one would you like to tackle first? MS. BUCHILLON: The withdrawn ones. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Okay. MS. CURLEY: So these have become stipulations? CHAIRMAN KAUFMAN: Yeah, 1, 5, and 2 are stipulations. MS. CURLEY: All righty. Got it. CHAIRMAN KAUFMAN: Under hearings, which is Letter D... MS. BUCHILLON: Okay. Number 4, CEPM20180007855, has been withdrawn. Number 6, CESD20180006433, has been withdrawn. Number 7, CEPM20180009534, has been withdrawn. Number 9, CEPM20180007449, has been withdrawn. Number 10, CEPM20180007348, has been withdrawn. Number 11, CEPM20180007451, has been withdrawn. Number 12, CENA20180008949, has been withdrawn. Number 17, CEPM20180003738, has been withdrawn. Number 18, CELU20180010455, has been withdrawn. Number 14, CESD20180007463, has been withdrawn. Roman numeral 6 in old business, motion for imposition of fines, No. 1, CESD20170013601, has been withdrawn. And those are all the changes. CHAIRMAN KAUFMAN: Okay. Could we get a motion. MR. ASHTON: Make a motion to accept. MR. LEFEBVRE: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second to accept the agenda as modified. All those in favor? MS. ELROD: Aye. November 16, 2018 Page 6 MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. As far as the motion for continuance, that's going to be heard first, right? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Roman numeral 5, public hearings, motions for continuance, No. 1, CESD20170001888, Alberto Hernandez. MR. HERNANDEZ: Good morning. CHAIRMAN KAUFMAN: Good morning. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you state your name for the record on the microphone for us, please. MR. HERNANDEZ: Sure. My name is Alberto Hernandez. CHAIRMAN KAUFMAN: Okay. And you are requesting -- I'm just looking. Do we have a letter on this, or -- yes. Give us a second to read it. They don't include it in our package. They're saving money on paper. We can read it now. Okay. Well, to begin with, we have no meeting in December, so any future date would start in January for us. Okay. Colleen, do you have any -- MS. DAVIDSON: For the record, Colleen Davidson, Collier County Code Enforcement. He requested a continuance, so if you'd like him to explain. CHAIRMAN KAUFMAN: I read the letter. I understand that. November 16, 2018 Page 7 MS. DAVIDSON: The county has no objection. CHAIRMAN KAUFMAN: Okay. Do we have any comments or questions from the Board? MR. LEFEBVRE: Have you received the permit at this point? MR. HERNANDEZ: Who said that? MR. LEFEBVRE: I did. MR. HERNANDEZ: No. We get a rejection on the 13th. It's the third rejection, and they have requested items which were not requested on the previous rejection. MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: Is that the only thing that's outstanding on that permit? MR. HERNANDEZ: Well, that's what they've requested thus far on the last rejection. The previous rejection, which was about three months ago, requested for us to add a utility sink to the unit. We had to add a water dispenser unit, a double one, to meet 2014 codes. Even though this is being done as a permit by affidavit, they wanted us to do it. So it took us about a month and a half, almost two months to get plumbers in there, do all the patch-up work. Once got done, we submitted the correction to the county on October 12th, and on November 13th, which was three days ago, they issued another rejection with different items which are on the letter. They were not requested on the previous rejection. So now we're going to start working on those today. CHAIRMAN KAUFMAN: Okay. Anybody have any comments? MR. LEFEBVRE: Make a motion that we grant a continuance of 60 days. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. November 16, 2018 Page 8 Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: 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 your 60 days. MR. HERNANDEZ: Thank you. CHAIRMAN KAUFMAN: Danny, I don't have my who's-on-first screen with the lights. MR. BLANCO: I've got to ask for the -- I'll bring it to you, sir. CHAIRMAN KAUFMAN: Okay. Thank you very much. MS. DAVIDSON: Thank you, thank you. CHAIRMAN KAUFMAN: Are we going to call these orders now in the order where the respondents are present and if there are any attorneys here? MS. BUCHILLON: We have an additional change to the agenda. CHAIRMAN KAUFMAN: You do? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Roman Numeral 5, under stipulations, No. 16, CESD20170010641; No. 3, CESD20160015155. CHAIRMAN KAUFMAN: Okay. Get a motion -- MR. LEFEBVRE: Motion to amend. CHAIRMAN KAUFMAN: We have a motion. November 16, 2018 Page 9 MR. ASHTON: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. I didn't mention before, but with the absence of Herminio, Ryan is a full voting member today. I'm just catching up. Okay. So we have one, two, three, four, five stipulations. We'll hear those first. MS. BUCHILLON: Okay. Number 5, CESD20180003308, Germaine Nelson. CHAIRMAN KAUFMAN: You're going in a different order than you read, right? Five first and the other ones -- okay. Give us a second. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MS. NELSON: My name is Germaine Nelson. CHAIRMAN KAUFMAN: Okay. And do you want to read into the record the stipulation? MS. PULSE: Yes. For the record, Dee Pulse, Collier County Code Enforcement investigator. Therefore, it is agreed between the parties that the respondent November 16, 2018 Page 10 shall: Number 1, pay operational costs in the amount of $59.70 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for a garage alterations within 90 days of this hearing, or a fine of $250 per day will be imposed until violation is abated; Number 3, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, 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 was a garage upgrade, if you'll pardon my analogy. Is it occupied? MS. PULSE: No. CHAIRMAN KAUFMAN: It's not occupied. MS. PULSE: It's unoccupied. I was there yesterday. Everything is out, all -- no kitchen appliances. Totally unoccupied. CHAIRMAN KAUFMAN: Is the electric turned off, do you know, the circuit breaker? MS. PULSE: I don't know that the circuit breaker's off. MS. NELSON: It is off. CHAIRMAN KAUFMAN: Okay. That's just for safety purposes I ask that question. Okay. Any questions from the Board? (No response.) CHAIRMAN KAUFMAN: Any motions from the Board? November 16, 2018 Page 11 MR. ASHTON: Make a motion to accept the stipulation as written. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. NELSON: Thank you. MS. PULSE: Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: No. 1, D, hearings, COCC20180009268 (sic), Hamo Gutic. CHAIRMAN KAUFMAN: Good morning. Give us a second to scroll down where it is. Okay. Could you state your name on the microphone for us. MR. CARNEY: Good morning, Board. Adam Carney on behalf of Hamo Gutic, who's also present before the Board. CHAIRMAN KAUFMAN: Okay. You're an attorney? MR. CARNEY: I am. CHAIRMAN KAUFMAN: So you swore one of the two in. Perfect. November 16, 2018 Page 12 Okay. Do you want to read the stipulation into the record? MS. McGONAGLE: Yes, sir. Good morning. For the record, Investigator Michelle McGonagle, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.98 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by applying for and obtaining any and all applicable local business tax receipts from the Tax Collector to include, but not limited to, a zoning certificate from the Growth Management Department or cease all activities within 60 days of this hearing, or a fine of $250 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; Number 4, 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. Do you understand the stipulation that you've agreed to? MR. GUTIC: Yes. CHAIRMAN KAUFMAN: Any problems? MR. CARNEY: No, sir. CHAIRMAN KAUFMAN: Any questions from the Board? MS. CURLEY: I have a question. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Just wondering why -- they were noticed in July, and so now we're already to November, and so there's been no action November 16, 2018 Page 13 taken up until now? MS. McGONAGLE: There has. There's been a bunch of different things. Without actually going into the whole hearing, he has been -- the property owner has been working on it. He's having problems with the tenant. MS. CURLEY: I see. CHAIRMAN KAUFMAN: Okay. Any other questions from the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none, anybody want to make a motion? MR. ASHTON: Approve the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: 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. MR. CARNEY: Thank you, Board. MS. BUCHILLON: Roman Numeral 5, B, stipulations, No. 2, CESD20180003760, Daniel Maurer and Kimberly Maurer. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. MAURER: Good morning. November 16, 2018 Page 14 CHAIRMAN KAUFMAN: Could you state your name on the microphone. MR. MAURER: Daniel Maurer. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Excuse me, Bob. I personally know Dan Maurer, so I'm going to have to recuse myself. CHAIRMAN KAUFMAN: Okay, fine. You have to fill out a little piece of paper. MR. LEFEBVRE: Get it from the attorney. MS. NICOLA: Slight glitch with the paper filling out. I don't have one of those with me today. CHAIRMAN KAUFMAN: Make believe you filled it out. Okay. MS. NICOLA: We'll have to do it after the fact. CHAIRMAN KAUFMAN: We'll do it after the fact. Okay. Would you like to read the stipulation into the record. MS. PULSE: Yes. For the record, Dee Pulse, Collier County Code Enforcement investigator. Therefore, it is agreed between the parties that the respondent shall: No. 1, pay operational costs in the amount of $59.63 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for a structure in the rear of property within 90 days of this hearing, or a fine of $250 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; Number 4, that if the respondent fails to abate the violation, the November 16, 2018 Page 15 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. Do you understand that stipulation? MR. MAURER: Yes, sir. CHAIRMAN KAUFMAN: The building that's in the back of the property that wasn't permitted, is that a storage building? MR. MAURER: Yeah. Yes, it's just a pole barn. CHAIRMAN KAUFMAN: Any electric or plumbing in it? MR. MAURER: No. CHAIRMAN KAUFMAN: Okay. Any comments from the Board? MR. ASHTON: A question. It's March -- this was first the violation. What's been happening since March? MS. PULSE: Well, he's applied for a permit. It has been rejected a couple of times. So it's in that approval process still. He has to get a wetland determination, I believe; various things like that. MS. CURLEY: I have a question. Did you buy the property with that structure there? MR. MAURER: No, ma'am. CHAIRMAN KAUFMAN: So you can get it done by affidavit if need be. MS. PULSE: No, he put it in himself. CHAIRMAN KAUFMAN: Oh, you put it in yourself. MR. MAURER: Yes. CHAIRMAN KAUFMAN: I misunderstood. Do you think 90 days is sufficient time? MR. MAURER: Yes, I do; thanks. CHAIRMAN KAUFMAN: Okay. Any other comments on the November 16, 2018 Page 16 stipulation? MS. CURLEY: I'll make a motion to accept the stipulation as written. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: (Absent.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. MAURER: Thank you. Thank you. CHAIRMAN KAUFMAN: I'd like to welcome Ryan back. MS. BUCHILLON: Roman Numeral 5, B, stipulations, No. 16, CESD20170010641, Fidelino Alvarez. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Good morning. Could you state your name on the microphone for us. You can pull it down a little bit. MR. ALVAREZ: My name is Fidelino Alvarez. CHAIRMAN KAUFMAN: Okay. And the gentleman with you? MR. CRUZ: Translator, Julian Cruz. CHAIRMAN KAUFMAN: You are going to translate? November 16, 2018 Page 17 MR. CRUZ: Translation. (The interpreter was duly sworn to translate from English to Spanish and Spanish to English to the best of his ability and indicated in the affirmative.) CHAIRMAN KAUFMAN: Michele, do you want to read the stipulation into the record? MS. McGONAGLE: Yes, sir. Good morning. For the record, Investigator Michele McGonagle, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.63 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the shed and additions/alterations on the mobile home within 120 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; Number 4, 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. Have you translated that stipulation to the respondent? MR. CRUZ: Yeah, I did. CHAIRMAN KAUFMAN: You did. And he understands it? MR. CRUZ: Yeah, he understands it. November 16, 2018 Page 18 CHAIRMAN KAUFMAN: And he agrees to it? MR. CRUZ: Yeah, he agree. CHAIRMAN KAUFMAN: Okay. Any questions or comments from the Board? MR. ASHTON: I've got a question. This violation was supposed to have been corrected over a year ago, November 5th, 2017. What's been happening? MS. McGONAGLE: They obtained a permit, and the permit just expired in August, and it wasn't reissued. MR. ASHTON: But they have been working, trying to correct it or -- MS. McGONAGLE: Yes, they had been, and there was some misunderstanding with the contractor that we're resolving right now. CHAIRMAN KAUFMAN: Okay. Because we don't want to wind up 120 days from now in the same position that we're in now. MS. McGONAGLE: Right. CHAIRMAN KAUFMAN: Is it possible that in your travels you could stop by maybe after 30 or 60 days to see that something's being done? MS. McGONAGLE: Absolutely. CHAIRMAN KAUFMAN: Okay. Any other comments from the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none, anybody want to make a motion? MR. ASHTON: I'll make a motion to accept the stipulation as written. MS. ELROD: Second. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? November 16, 2018 Page 19 (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You might want to say that this has been going on a long time, and the code enforcement officer might stop by in a month or two months to see that there is progress that's being done. MR. ALVEREZ: Si. CHAIRMAN KAUFMAN: Okay? Thank you very much. Thank you, Michele. MS. BUCHILLON: Roman Numeral 5, B, stipulations, No. 3, CESD20160015155, Thomas Avila Reyes. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. REYES: Yes, thomas Avila Reyes. CHAIRMAN KAUFMAN: Okay. You may want to read the stipulation into the record for us. MR. PITURA: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. PITURA: For the record, Thomas Pitura, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: November 16, 2018 Page 20 One, pay operational costs in the amount of 59.63 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, inspections, and certificate of occupancy/completion within 180 days of this hearing, or a fine a $200 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent shall -- fails to obtain (sic) 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 provision of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Is this property vacant? MR. REYES: Yes. CHAIRMAN KAUFMAN: Because you need electrical, the whole thing. You have a permit already? MR. REYES: Yeah. It just expired. CHAIRMAN KAUFMAN: Okay. The original permit was issued when? MR. REYES: 2016. CHAIRMAN KAUFMAN: 2016. MR. REYES: Yeah, but then there was -- well, there were two separate permits, and then I added an addition, and I had other changes to the permit, so that's why it's taken so long because I've just been -- I did something, and then I decided to change and add things to the property. So I got a new permit, and then -- well, I just changed the permit, made some revisions to the permit. CHAIRMAN KAUFMAN: I mean, 180 days is half a year to November 16, 2018 Page 21 begin with, and this goes back to 2016. As my partner to my left always says, I can build a high-rise in a shorter period of time, unless I'm misquoting you. No, I'm not. MS. CURLEY: I'm confused. CHAIRMAN KAUFMAN: Go ahead. MS. CURLEY: So are you -- do you own this property? MR. REYES: Yes. MS. CURLEY: Okay. And so you're building something on this property, and these trailers are your work trailers? MR. REYES: Trailers? No, it's a house. MS. CURLEY: Okay. So -- MR. REYES: Yeah. The -- MS. CURLEY: Am I on the wrong case? Sorry. CHAIRMAN KAUFMAN: Pull your microphone, by the way, so I can hear you better. MS. CURLEY: Okay. Never mind. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: No wonder I'm confused. CHAIRMAN KAUFMAN: Tom, do you have any comments on this? MR. PITURA: No. MS. CURLEY: Sorry. CHAIRMAN KAUFMAN: Okay. From the Board, any comments? MR. ASHTON: Has he been working on this or -- I mean, it goes back two years. It was supposed to have been completed. What's been happening? MR. PITURA: Well, there's been slow progress made onto it, and Mr. Avila has been attempting to, you know, acquire completion and compliance, but the permit had expired in August 29th. And from this point, he wants to renew it and complete it, complete the work that November 16, 2018 Page 22 needs to be done. CHAIRMAN KAUFMAN: So the permit has not been renewed as of yet? MR. PITURA: No. CHAIRMAN KAUFMAN: I'm not in favor, personally, of granting the stipulation. I don't know how the rest of the Board feels, but this was done before. August is when it expired, so I am assuming that it was issued August a year prior to that. Were there any inspections on the original permit done? MR. PITURA: Not that I know of. CHAIRMAN KAUFMAN: I, personally -- I don't know how the rest of the Board feels, but I am not in favor of granting the stipulation for 180 days. But you have help coming from behind. MR. LETOURNEAU: I do see a couple past inspections in 2017. CHAIRMAN KAUFMAN: And, therefore, 105, 101? MR. LETOURNEAU: The sheer wall, underground plumbing, fill cells, tie beam, truss. Oh, was there some in '18 also? Yeah. Oh, okay. Yeah, he has done some. There's been quite a few failures, too. That's why I imagine it's been taking so long, because you call the inspection, they fail it -- so, yeah, there actually is quite a bit passed at this point. He just allowed it to expire. They didn't have an inspection in the last six months, and it expired. CHAIRMAN KAUFMAN: Right. The original permit was pulled when, in '16? MR. LETOURNEAU: Yeah, the original permit -- I'm looking here. Let me get to the front page here. It was issued on February 8th, 2017, but that I believe might have been an extension, because the permit does have a history going back into 2016. So he probably got an extension at one point. MR. REYES: Yeah. MR. LETOURNEAU: Right. November 16, 2018 Page 23 MR. REYES: And then I did a revision, and I decided to add an addition last year to the property. MR. LEFEBVRE: And you purchased it in '16, correct? MR. REYES: Yes. MR. LETOURNEAU: I think he's been trying. It's just that -- you know, some of the inspections have failed. MR. REYES: Yeah. MR. LETOURNEAU: And every time that happens, you have to do something -- MS. CURLEY: I have a question. Is this -- do you -- is this your skill trade? MR. REYES: Yes. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: Okay. Gerald? MR. LEFEBVRE: I make a motion that we approve the stipulated agreement. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? MS. CURLEY: The only discussion I'd like to say is I hope that it's a realistic stipulation, because I don't think that the Board wants to see you back here. MR. REYES: Yeah. Well, it's almost done. I just -- I just asked for six months because I didn't want to ask for four or three and then not be done by then, but I'm sure I'll be done before then, so... MR. LEFEBVRE: Well, you've got to get that permit -- MR. REYES: Yeah. MR. LEFEBVRE: -- back active again. MR. REYES: Yes, sir. MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: Okay. All those in favor? November 16, 2018 Page 24 MS. ELROD: Aye. MS. CURLEY: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: Good luck. CHAIRMAN KAUFMAN: Good luck. MR. REYES: Okay, thank you. CHAIRMAN KAUFMAN: Well, that finishes up our stipulations, right, Helen? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Now we can get into the meat of the -- hand signals from Danny; is that right? MS. BUCHILLON: Yes. MS. NICOLA: The rate you guys are going, you might be done by 9:50. Maybe I should tell you I had to leave early before. There's, like, five cases left. What are you guys doing today? CHAIRMAN KAUFMAN: Yeah. Why don't we, on our attorney's last day here, let her get out of here -- make sure she escapes early. So before we hear the next case -- MS. NICOLA: I like the word "escape." CHAIRMAN KAUFMAN: Well, you are now a judge. MS. NICOLA: So that gives me permission to escape a meeting? CHAIRMAN KAUFMAN: Why don't you come up here. Danny wants to take a picture from the front. If you'd come up here. MR. LEFEBVRE: Are we all going to go over there? CHAIRMAN KAUFMAN: No, we'll do that after. But to begin with, you may approach. MS. NICOLA: Why thank you, Your Honor. CHAIRMAN KAUFMAN: You may approach the bench. November 16, 2018 Page 25 MS. NICOLA: I knew this was a quasi-judicial board when I joined it. CHAIRMAN KAUFMAN: I had that as a -- this is quasi, and you're going to the real thing. MS. NICOLA: Right. CHAIRMAN KAUFMAN: Okay. I just wanted to say that I managed to keep order here by using this. MS. NICOLA: I agree. CHAIRMAN KAUFMAN: And we were going to give you this, but because this is quasi-judicial, we figured you're going to be doing judicial. And judicial, you should have (indicating). MS. NICOLA: That is awesome. I want to know who made that. Did you make that? CHAIRMAN KAUFMAN: (Nods head.) MS. NICOLA: That is awesome. CHAIRMAN KAUFMAN: I think with the help of Al Jones. MS. NICOLA: I do not have a gavel yet, and I think that all the other judges are going to be so jealous that I have that. MS. CURLEY: And that's straight out of Pine Ridge Estates. CHAIRMAN KAUFMAN: That is. MS. NICOLA: Did you get this out of your yard? CHAIRMAN KAUFMAN: Out of my buddy's yard, yes, in Pine Ridge. MS. NICOLA: That's really cool. UNIDENTIFIED SPEAKER: Did you get a permit to make it? CHAIRMAN KAUFMAN: Did I get a permit to make it? That's from the peanut gallery. MS. NICOLA: I think we should fine him, guys. CHAIRMAN KAUFMAN: Why don't we all go in front, and we'll take a picture with Tami. MS. NICOLA: Yes. When I get really old, I can use it as a November 16, 2018 Page 26 walking stick. CHAIRMAN KAUFMAN: What do you mean when? MR. LETOURNEAU: Yeah. You can use that thing on him right now. MS. NICOLA: Thank you. That was so nice of you. CHAIRMAN KAUFMAN: Well, don't hit me with it. And you always make me feel short standing next to you. MS. NICOLA: I make everyone feel short. CHAIRMAN KAUFMAN: Take your shoes off. MS. NICOLA: Thank you. That was really very thoughtful and special. CHAIRMAN KAUFMAN: No nails. MS. NICOLA: I can tell. I see there's, like, Gorilla glue or something. CHAIRMAN KAUFMAN: No glue. MS. NICOLA: No glue? CHAIRMAN KAUFMAN: No. It won't fall off. It depends on who you hit with it. MS. NICOLA: I'm bringing it with me. I was hoping someone would me a gavel because I didn't have one, so here we go. CHAIRMAN KAUFMAN: Have a fun time getting into the building. MS. NICOLA: Have a fun time getting into the building? They actually gave me a badge that allows me to -- I think maybe they'll let me bring this in; I don't know. CHAIRMAN KAUFMAN: I brought it in here. MS. NICOLA: I should probably have it scanned to make sure you didn't put anything -- MS. CURLEY: Get a holster for it. CHAIRMAN KAUFMAN: There's nothing in it. MS. ELROD: He walked it in here already. It's already been November 16, 2018 Page 27 through the machine. MS. NICOLA: Oh, yeah. I can imagine what they said to you when you put this through the machine in security. CHAIRMAN KAUFMAN: They laughed also. MS. NICOLA: That's great. Thank you. CHAIRMAN KAUFMAN: So if you want to leave a little bit early, or do we have an exciting meeting coming up that -- MR. LEFEBVRE: You're dismissed. MS. NICOLA: Okay. You guys don't have to ask me twice. Thank you. I'll see you guys at my investiture in March. CHAIRMAN KAUFMAN: Okay. MS. NICOLA: Hope you-all can come. I'm going to send you all -- oh, did you guys fill out the form? I need it back. Nobody gave it to me. Oh, Danny's got it. Thank you, again. CHAIRMAN KAUFMAN: Best of luck on the bench. MS. ELROD: Good luck. I hope I never see you in your next gig. (Applause.) MS. NICOLA: Thanks, everybody. I appreciate it. This is very special. I'm trying to hide it when I walk out of here because I don't know what the security guys are going to say to me when they see me carry it out. CHAIRMAN KAUFMAN: If they say anything, just hit them with it. MS. NICOLA: Thanks again, you guys. CHAIRMAN KAUFMAN: Bye. MS. CURLEY: Good luck. MR. DOINO: Good luck. CHAIRMAN KAUFMAN: I don't know how we're going to continue on without our attorney, but we'll try. MS. NICOLA: Just call me if you need me. I might be on a November 16, 2018 Page 28 plane, but call me. Bye. CHAIRMAN KAUFMAN: Bye now. Okay, Helen. MS. BUCHILLON: Roman Numeral 5, D, hearings, No. 8, CELU20180010920, BISACCIA, LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. ARMENIO: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us; and you could bring it down a little. MR. ARMENIO: Thank you. I know I'm short. CHAIRMAN KAUFMAN: Me, too. MR. ARMENIO: Angelo Armenio. CHAIRMAN KAUFMAN: Okay. And what we will have now is the county present. If you have any questions of the county, we can go back and forth with that. We're somewhat informal. MS. McGONAGLE: Good morning. For the record, Investigator Michele McGonagle, Collier County Code Enforcement. This is in reference to Case No. CELU20180010920 dealing with the violation of Collier County Land Development Code 04-41, as amended, Section 1.04.01(A), 2.02.03, and 10.02.06(B)(1)(f). Parking/displaying more than the allowable five vehicles for sale per business location as stated on Zoning Certificates PL20180001848 and PL2016000659. Violation location: 2204 Davis Boulevard and 1635 Commercial Drive, Naples, Florida, 34112; Folio 61580080000. Service was given on August 30th, 2018. I would now like to present case evidence in the following exhibits: Two pictures taken by Supervisor Short on August 29th, 2018. CHAIRMAN KAUFMAN: Could we get a motion -- has the November 16, 2018 Page 29 respondent seen the pictures? MS. McGONAGLE: I haven't even talked to the respondent. I didn't even know he was here. CHAIRMAN KAUFMAN: Okay. Why don't you show him the pictures then. MR. ARMENIO: Well, actually, I'm the owner of the building. He's the owner of the -- CHAIRMAN KAUFMAN: Has he been sworn? No. Why don't you swear him in also. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Neither of you have seen the pictures? MR. MUNOS: I don't believe I have. CHAIRMAN KAUFMAN: Why don't you show the respondent the pictures, and then we'll vote whether we accept them or not based on their acceptance. We have a technical glitch. MR. MUNOS: He has the pictures right there. MR. BLANCO: I'm showing them the pictures right here. CHAIRMAN KAUFMAN: Sort of a 1-2 punch. MR. MUNOS: Anthony Munos. CHAIRMAN KAUFMAN: Okay. You've seen the pictures now? MR. MUNOS: Yes, I see. CHAIRMAN KAUFMAN: Do you have any objection to those pictures being used? MR. MUNOS: No. They were taken back in -- I guess, back in August. The lot doesn't look anything like that anymore. It's been adjusted to, you know, code or to what they've required from us since then. CHAIRMAN KAUFMAN: Okay. When were those pictures taken, Michele? November 16, 2018 Page 30 MS. McGONAGLE: Some of them were August 29th. There's two of them from Supervisor Short on August 29th; there are two pictures taken by me on May 23rd, 2018; one picture taken by me on June 11th, 2018; five pictures taken by me on July 13th, 2018; and two pictures taken by me on November 15th, 2018 -- CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: -- as well as the two different zoning certificates. CHAIRMAN KAUFMAN: Okay. So most of the pictures were taken before August? MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: But you do have a picture that was taken after August as well in November? MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: Okay. Could we get a motion from the Board to accept the -- MR. DOINO: Make a motion to accept the pictures. MS. ELROD: Second. MR. LEFEBVRE: Second. MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. November 16, 2018 Page 31 Okay. Is it time for us to complain about how the lights shine on the screen again? We did that last meeting. Okay. MS. CURLEY: Look over here. MS. McGONAGLE: Sorry. I'm trying to see the dates on the pictures. This was one that I took on July 11th, 2018. CHAIRMAN KAUFMAN: Can you explain to me what we're seeing as you go? Go back to the first picture. MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: Okay. Now, are those -- one, two, three -- am I counting the vehicles or -- is this a body shop? I don't understand. MS. McGONAGLE: I'll explain the pictures as I go. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: It will make a little bit more sense that way. CHAIRMAN KAUFMAN: Sure. MS. McGONAGLE: This is a recurring violation. On May 23rd, 2018, while investigating a previous code case, I met with Jay, the business manager, and explained that the zoning certificate for 1635 Commercial Drive allows five parking spaces for vehicle display, and all excess vehicles had to be removed from the property. So this is May 23rd. These three vehicles here, here, and here are all in undesignated parking spaces. They're not even allowed to be there, period. This is showing this vehicle here and this one here parked in the county right-of-way. MR. LEFEBVRE: And that's facing -- that last picture was facing north, and Davis Boulevard -- MS. McGONAGLE: Looking toward Davis, correct. Yes, this is Davis right here. MR. LEFEBVRE: Yes. CHAIRMAN KAUFMAN: What type of business is this? November 16, 2018 Page 32 MS. McGONAGLE: Auto sales. CHAIRMAN KAUFMAN: This is an auto sales, okay. MS. McGONAGLE: Yes. It's Second to None Auto. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: Let me get my bearings here. This is the driveway -- so Commercial Drive is right here. Davis Boulevard would be up over here to the right. So this is the front of the building right there. So I was back in here. These vehicles, this one and all of these here, all belong to 1635 that they were displaying for sale. That's just a better picture showing the ones that are close up. There were already the others over here as well as these here. Okay, Danny. And then this is the front of the building. You were just looking at cars over in this direction here. So now these are the vehicles that are in front of the building and these parking spots, and this was a customer's vehicle parked in the right-of-way. You have Davis Boulevard right here. These pictures were taken on July 13th. This is actually the intersection of Davis Boulevard, which is here, and Commercial Drive here. This is the building that's on the corner. This is 2204 Davis Boulevard. It's all the same folio. Now, here again, we have all these vehicles parked in undesignated parking spots. These vehicles are in the county right-of-way. I believe there's another picture that will show that better. This is just the front of 1635. These were the ones I just took yesterday, and they are in compliance. There's the five vehicles here on display, and then this is 2204 Davis. These are the five vehicles on display here. So they're in compliance. After I had met with the manager on May 23rd and told him the excess vehicles had to be removed from the property, I went back by the property an hour later, and all vehicles except the allowable five November 16, 2018 Page 33 were gone. On June 11th and July 13th, I observed more than the allowable number of vehicles, as you saw in the pictures. I noticed a violation was then issued on July 16th, 2018, and when I went back for -- to check for compliance, they were in compliance on August 13th, 2018. On August 29th, 2018, Supervisor Short observed multiple vehicles displayed for sale on the property and in the county right-of-way, and another case was opened and assigned to me. Can you go back to the pictures from August 29th, please. Down here. You have two of them in the right-of-way. This is 1635 right here. Davis Boulevard here. And that's just showing the ones that are sticking out in the right-of-way. On August 30th, 2018, I served a notice of violation to Richard Munos with compliance due on September 7th -- or I'm sorry -- September 9th, 2018. The property has been in compliance since September 10th, but this was a second offense. This has been an ongoing recurring violation. The case was prepared for a hearing on November 1st, 2018, to obtain a finding of fact. CHAIRMAN KAUFMAN: Okay. So as of today, are there vehicles parked in the right-of-way? MS. McGONAGLE: No, sir. They're in compliance. CHAIRMAN KAUFMAN: They're in compliance today, but this has been going back and forth; is that the deal? MS. McGONAGLE: Yes, sir. CHAIRMAN KAUFMAN: Okay. All right. This is one of those cases where you own the property, and you own the business. MR. MUNOS: I own the business, yes. CHAIRMAN KAUFMAN: Okay. So do you have any questions November 16, 2018 Page 34 of Michele? MR. ARMENIO: Well, the only thing I can say, since the first -- since the first complaint, the first violation, I've been over there every -- at least twice a week. I talk to Richard, and every time I pass by, they were in compliance. Now, I can't possibly be over there 24 hours a day. I don't know what else is going on. But, you know, I'm not the owner of the business. I'm the owner of the building. And I told him that he has to comply with the county. He has to comply by lease, which it's specified that he's allowed to park five cars at each building. As far as I'm concerned, they've been doing that. Now, if they -- when they unload the truck, when they bring in more cars, if they do something else, I can't possibly be 24 hours. CHAIRMAN KAUFMAN: Okay. Well, unfortunately, you're the property owner, and you're the one who has the responsibility to make sure that your tenant lives up to your lease, which, I'm assuming, shows the allowable amount of cars. Have you seen the lease, by the way? MS. McGONAGLE: No, I have not. MR. ARMENIO: I have the lease right here. MS. McGONAGLE: I have been by the property different times, and when I have seen a licensed vehicle out in the right-of-way, I stop and I do go in and talk to them, and he's been very cooperative. I had some issues prior to that with a manager. But since I have been working with the owner of the business, Richard, he has been very cooperative, and I've not had any further problems with it. But because this has been such an ongoing issue and it's a safety hazard because of the way they were parking the vehicles right at that intersection blocking the stop sign and everything, we wanted to bring it back and get a finding of fact. November 16, 2018 Page 35 CHAIRMAN KAUFMAN: Has any parking violations been issued? MS. McGONAGLE: No. CHAIRMAN KAUFMAN: Okay. Why don't you let us know -- MR. MUNOS: Sure; no, that's no problem. Since then, the manager that she's talking about, we don't have him anymore, so he would always, you know, tell us something, and then it wasn't really in compliance to what she was actually saying. So we thought we were following, you know, to the best of our abilities, and then we kept getting -- she would come by and visit, and my dad finally said, you know, like, okay, let's keep this in order the way exactly they want it. There's sometimes where that -- I don't know if you know that corner, but that corner's extremely busy because of the restaurant that's right there, and there's parking -- I mean, there's people parking everywhere. There's times where, you know, we'll get caught, you know, car, like, in that little right-of-way, but we're just trying to move cars around, you know, at the time, being it's a small little lot. So we try to keep it, you know, as tight as possible. But we've been in -- you know, we've been compliant with her, and anytime she comes in, she sees my dad, and my dad's -- hey, if there's a car, we move it right away. We're not trying to, you know, have any problems. But that corner is extremely busy, you know, so we park on the other side just to make sure, you know, we don't have any extra cars parked there in that -- CHAIRMAN KAUFMAN: Well, just like the owner of the property said, I can't be there 24 hours a day, I'm sure Michele can't be there 24 hours a day either. MR. MUNOS: Exactly. CHAIRMAN KAUFMAN: So it just has to stop. I assume November 16, 2018 Page 36 before we get into that we have to find out whether a violation exists or not. Okay. Anybody want to -- MR. DOINO: Make a motion a violation exists. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So there was a violation. The pictures show it, et cetera. Now, Michele, do you have a suggestion for us? MS. McGONAGLE: Yes, I do; that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $60.05 incurred in the prosecution of this case within 30 days. Number one, that the Code Enforcement Board issues a finding of fact that a violation displaying more than the allowable number of vehicles for sale as stated on the associated zoning certificates for each business existed at the time of the notice of violation. CHAIRMAN KAUFMAN: Okay. And what I think that we're doing here is if you were to drive over there right now, it's probably okay. MS. McGONAGLE: Yes. November 16, 2018 Page 37 CHAIRMAN KAUFMAN: But you want this on the record for -- any future would be a second violation? MS. McGONAGLE: Yes, sir. And it's for the display of the vehicles for sale. If I go by and there's a licensed vehicle -- like he said, we're getting into season, and I've been by there numerous times where there are licensed vehicles that belong to customers for the restaurant, and they park in front of the building in that undesignated parking space, and that has nothing to do with them. I'm looking at the vehicles for sale on each of their properties. CHAIRMAN KAUFMAN: Okay. Gerald? MR. LEFEBVRE: Just maybe a recommendation. Where the right-of-way is, painting a box, a rectangle or whatever, and put in there "no parking." So if there are people that come in from the restaurant that are parking there in front or whatever, it might discourage them from parking there. MR. MUNOS: That is actually a really great idea because, I mean, in that case, especially on the weekends, on Saturdays, I mean, they park everywhere. MR. LEFEBVRE: Yeah. Just make a big rectangle box and write in white "no parking." MR. MUNOS: That's a good idea. CHAIRMAN KAUFMAN: I don't know if you're allowed to -- you're not allowed to write in the right-of-way, are you? MR. MUNOS: We're not? CHAIRMAN KAUFMAN: But you could put a sign on your property that says "no parking in front of this sign." MR. MUNOS: What about, like, cones? CHAIRMAN KAUFMAN: Anything in the right-of-way is the county's purview. MR. MUNOS: I can't put cones? CHAIRMAN KAUFMAN: But if you put a sign up there -- I November 16, 2018 Page 38 don't know if there is a sign -- from the pictures, I don't think there is one. You could put a sign up that says "no parking in front of the sign or else," or whatever. MS. CURLEY: Well, I mean, you could put cones on your property by your cars and let it be noted that there's -- you can offer a suggestion of no parking in the area that doesn't belong to you, but you can cone your property off. MR. MUNOS: So I can't put cones on that easement? Like -- say, like, put, like, three cones on that little piece? MS. CURLEY: Back on your property. CHAIRMAN KAUFMAN: No. That's the county's right-of-way. That's the problem. MS. CURLEY: So I have another question. So if somebody's parked in that right-of-way, a licensed car, do they get a ticket, do they get a violation? Will the Sheriff come by, or how's that work out? MS. McGONAGLE: That's what we're in the process of doing now. We had to first establish who the vehicles belong to. And now, especially with season, that is an area that will be patrolled because it is such a safety issue. MS. CURLEY: And one other question for the business owner. Where do your customers park if you've utilized all 10 spaces out front? MR. MUNOS: They park pretty much the same thing. They're either parking across the street right where the Budget is or any available parking anywhere. MS. CURLEY: So maybe some signage to direct them maybe to the rear of the building where there's additional parking or something just to keep them out of the right-of-way. MR. MUNOS: I don't even think we have additional parking in the rear. There's no -- MR. ARMENIO: Actually, they should -- maybe it's better for -- November 16, 2018 Page 39 we put a sign on the building on Commercial. It's right on the property line. There is a road over there. Sometimes people, they park alongside that building. Maybe we should put a sign on the building itself "no parking at any time." MS. CURLEY: So the county issues -- MR. ARMENIO: I mean, we could do that. I don't know what else. MR. MUNOS: Yeah. They park in the alley and everything. MS. CURLEY: So the county issues a certificate for them to occupy 10 spaces on two properties but doesn't think they're going to have any customers come to work (sic)? MS. McGONAGLE: It's 10 spaces. It was a total of 10 spaces for each of those businesses on the zoning certificate and that they have five for display, but those spots are shared because there's the cell repair service as well. Because on the opposite side of that building there are parking spaces in through there that are shared for customers for the repair and Second to None. MS. CURLEY: So the customer parking doesn't have cars for sale in it either? MS. McGONAGLE: No. MR. MUNOS: So if, like, on the -- we actually have parking, like, along the side of the building where Commercial Drive is. That technically is part of our building, but because the restaurant is so busy -- and if we took those parking spots from them, they literally wouldn't have any customers coming in. So from 8:00 till about 2:00, they use pretty much all the parking. After 2:00, any parking that's along our side of the building, we'll park a car there. But before the end of the night, you know, we'll put it away, and then in the morning it's pretty much gone. Because we don't like to -- you know, we don't want any problems with their business. November 16, 2018 Page 40 We know they're busier than us. A lot of people aren't coming to buy cars at 8:00, 9:00 o'clock in the morning, you know. Maybe one or two, but they've got 50, 60 people coming in, you know, within a few hours, so... CHAIRMAN KAUFMAN: Well, writing this up is a little difficult since it's in compliance now. You just want this for the record; is that correct? MR. LETOURNEAU: Yeah. We want this determined. In the future, if it happens again, it would be a repeat violation. CHAIRMAN KAUFMAN: Okay. And how would you word the order? MR. BLANCO: Mr. Chairman, we've done this in the past. We have orders that -- situations like -- you know, we've done this exact same thing. CHAIRMAN KAUFMAN: Okay. So you want us to vote on the paperwork that you're going to put together? MR. LEFEBVRE: Right here. (Multiple speakers speaking.) MR. LETOURNEAU: You can fill it out from the recommendation, Danny? MR. BLANCO: No. What we do is -- you know, you guys found them in violation already. So, basically, the wording that goes on the order is that the respondent's ordered to pay the operational costs for today's hearing, and then that, you know, they're found of -- guilty of the violation and then, you know, if our staff, you know, brings something similar to this again, then it's going to be a reoccurring violation. CHAIRMAN KAUFMAN: Okay. So we can just vote on this; $60.05, no fines since they're in compliance right now. MS. CURLEY: I'll make the motion to accept the stipulation as written. November 16, 2018 Page 41 CHAIRMAN KAUFMAN: It's not a stipulation. MS. CURLEY: The recommendation. CHAIRMAN KAUFMAN: The recommendation. MS. CURLEY: Motion to accept the recommendation as written. MR. DOINO: Second that. 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. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. BLANCO: Mr. Chairman, if I may, just for clarification, so the operational costs has to be paid within 30 days? CHAIRMAN KAUFMAN: That's correct; 60.05. MR. BLANCO: Thank you. CHAIRMAN KAUFMAN: Okay. So there's no fine. You're in a tough situation. I would recommend that you contact the Sheriff, maybe, and see if they see cars parked there and they run the license plates, you know, they should be issuing parking tickets. MR. MUNOS: Yeah. Like, if we're there during the week, I mean, we usually -- if they park there, we usually tell them, hey, you can't really park there. They'll park wherever they can find. CHAIRMAN KAUFMAN: They should walk in. Because they're coming to buy a car, they don't have one. November 16, 2018 Page 42 MR. MUNOS: That would be great, yeah. Be like, hey, I can get you out the door. MS. CURLEY: You should engage with the surrounding businesses also so they can have a plan, because it sounds like there is a problem there. It is unsafe. MR. MUNOS: Yeah. We just -- we, literally, just try to cooperate with the restaurant because their morning traffic is -- it's ridiculous. It's crazy. So we let them have as much parking as they can. MR. ARMENIO: The restaurant is open till 2 o'clock. After that, they have the run of the parking lot. But in the morning it's a problem, you know, and that's something that we discuss. You know, I try to help out as much as I can. Again -- CHAIRMAN KAUFMAN: I understand. You can't be there all the time. MR. ARMENIO: No. MS. CURLEY: Food's too good next door. MR. MUNOS: It is so good, it is, and they serve you a lot of food. CHAIRMAN KAUFMAN: Okay. Well, thank you very much. MR. MUNOS: Thank you. Where do we pay that? MS. CURLEY: She'll help. CHAIRMAN KAUFMAN: Thank you. MR. ARMENIO: Thank you. MS. BUCHILLON: Roman Numeral 6, old business, from impositions. CHAIRMAN KAUFMAN: Can I stop you one second. Did we hear Case 13? MR. ASHTON: No. MR. LEFEBVRE: No. MR. BLANCO: But, Mr. Chairman, we're going in the order of November 16, 2018 Page 43 those that are present. CHAIRMAN KAUFMAN: That are present, okay. Just curious. Okay. We're going to C. What number is that? MS. BUCHILLON: Number 2, CESD20160013970, CubeSmart, LP. CHAIRMAN KAUFMAN: Gotcha. (The speakers were duly sworn and indicated in the affirmative.) MR. BLANCO: Mr. Chairman, the Board members should have a copy of the executive summary. CHAIRMAN KAUFMAN: Okay. You want to read this into the record; thank you. MR. HOAGBOON: Sure. For the record, Jon Hoagboon, Collier County Code Enforcement. Before we get started, Mr. Valentine has a request. CHAIRMAN KAUFMAN: Okay. MR. VALENTINE: Yes. How are you? I'm John Valentine. I'm the district manager for CubeSmart. And we've been working closely with Jon. And so my request is, basically, we've completed the work on this permit. There's -- what has happened is I guess the original work was 21 doors that were replaced. We had 16 that were installed; the work was completed. I believe that Jon did that inspection. We have some commercial tenants. This is, like, storage bays that these folks, for one reason or another, we're having difficulty getting them to comply with allowing us to complete that work. So what we've done and what I'm having our local vendor do is we're requesting a permit change for those 16 doors that were completed, and then as those other tenants -- those other four tenants that we're having difficulty completing the work, as they move out, having the vendor come back out and completing that work separately. And that is, basically, more or less what I wanted to request for November 16, 2018 Page 44 you to consider in this situation. CHAIRMAN KAUFMAN: How do we know when they're going to move out? MR. VALENTINE: They're on a month-to-month basis. So, typically, you know, they really only have to give us a couple weeks' notice. So we don't know that far in advance when they're moving out. CHAIRMAN KAUFMAN: Let me see if I understand. I have a unit, Unit A. MR. VALENTINE: Uh-huh. CHAIRMAN KAUFMAN: And my partner here, Ron, is the person who has rented that, and it's month by month he pays. MR. VALENTINE: That's correct. CHAIRMAN KAUFMAN: Okay. And I want -- he has not allowed me to get in there and do the work that needs to get done so that it's permitted. So I say to Ron, you're out. MR. VALENTINE: We are working with our legal department on that side of forcing them to allow us to comply. But some of these people have invested a lot of money on the equipment that they have in there, and -- CHAIRMAN KAUFMAN: Then they should be pretty anxious to allow you in there to take care of the problem. MR. VALENTINE: I agree with you, and that angle -- I just took over the district earlier this year, so I kind of inherited this situation. And we're working closely with our legal department and trying to get those folks to comply. CHAIRMAN KAUFMAN: Your lease doesn't provide access? MR. VALENTINE: It does in case of an emergency, in case of a -- like, a situation where there's an emergency. CHAIRMAN KAUFMAN: Do you think $22,000 is an emergency? MS. CURLEY: Wait. There's some history here that I remember November 16, 2018 Page 45 that -- CHAIRMAN KAUFMAN: Go ahead. MR. HOAGBOON: If I may, the work's already done. That's a civil issue between those tenants and the property owner. So they just want to modify that permit, change it to where they're not going to include those remaining tenants, just go to 16, and they'll be done. So that's all they're requesting to do. So that issue isn't going to be, you know, pertinent to this. CHAIRMAN KAUFMAN: How many units were in violation? MR. HOAGBOON: Twenty. CHAIRMAN KAUFMAN: Twenty. MR. HOAGBOON: Well, actually, not really violation. There was only a couple, I think, but they just decided to upgrade all the doors while they went in there and took care of those. CHAIRMAN KAUFMAN: Okay. And they got a permit to upgrade all the doors? MR. HOAGBOON: Yes. CHAIRMAN KAUFMAN: Okay. So you have a permit to upgrade them all, and you've upgraded 16? MR. VALENTINE: That's correct. CHAIRMAN KAUFMAN: Okay. So four are not upgraded. MR. HOAGBOON: Correct. CHAIRMAN KAUFMAN: So four are in violation? MR. HOAGBOON: No. CHAIRMAN KAUFMAN: They're not in violation? MR. HOAGBOON: Those weren't ever an issue. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: The violation was the work was completed prior to getting a permit, correct, on the 16 doors? MS. CURLEY: No. MR. HOAGBOON: No. The permits were pulled, and they were November 16, 2018 Page 46 -- it was done with permits -- MR. LEFEBVRE: Okay. MR. VALENTINE: The problem was that the work -- the permit was for 20 doors, and so we only completed 16. MR. LEFEBVRE: So you have to modify the permit. MR. VALENTINE: It needs a revision. And just -- I wanted to add one more thing. I have the local vendor waiting for my outcome of this to go to your office and make that adjustment to the original permit. CHAIRMAN KAUFMAN: Okay. I understand. MS. CURLEY: Yeah. So for clarification, so it's to get him out of the loop. He's stuck in this loop because they originally inherited leases from a storage unit/locker that you bought; is that correct? Your company has bought this? CHAIRMAN KAUFMAN: No. MR. VALENTINE: No. We've had this for a while, this property. CHAIRMAN KAUFMAN: The four units -- to straighten things out, the four units that we're talking about were in compliance before they even pulled the permit? MS. CURLEY: Yes. MR. VALENTINE: Correct. MR. HOAGBOON: Correct. CHAIRMAN KAUFMAN: So we are now in a position of we have -- well, you haven't read this into the record, but I see operational costs for today's hearing, and previous operational costs have been paid, but the fines have accrued to the total of $22,200. Yes, Gerald. MR. LEFEBVRE: I'm not understanding this. If the outcome of this case -- the outcome would have been much better if the permit was modified before you came here. November 16, 2018 Page 47 MR. VALENTINE: Exactly. MR. HOAGBOON: That was attempted, and they did it that day of the hearing. Someone pulled a permit, extended it. It just didn't get modified for whatever reason. And I think there was -- and he can explain a little bit more. I think that kind of got lost in the weeds in the corporate. MR. LEFEBVRE: It was pretty -- MR. VALENTINE: I didn't mean to interrupt, but -- so we deal with sometimes -- we're a big company, so we deal with big national vendors, and they subcontract to local vendors, and I think that's where some of the miscommunication happened. CHAIRMAN KAUFMAN: Okay. Let me just -- the violation has not been abated. MR. HOAGBOON: (Shakes head.) CHAIRMAN KAUFMAN: Okay. So we can, A, provide enough time until it gets the paperwork resolved so you would come back, and at that time, because we cannot even entertain reducing a fine until it's in abeyance, so -- and our next meeting will probably be in January. So I would think that would be -- either the county can pull this and bring it back in January, or we can do a continuance on this until January. MR. LEFEBVRE: I make a motion that we continue this until our next meeting in January, not 60 days, but -- MR. DOINO: Second that. MR. LEFEBVRE: -- our next meeting. And by then, that should give you plenty of time to submit the permit -- well, not submit the permit. Submit the changes for the permit, which seems like it should be pretty administrative, pretty simple process. MS. CURLEY: Well, they're not -- they need to monitor their vendor closer. The vendor submitted the permit incorrectly. So if he would -- November 16, 2018 Page 48 MR. VALENTINE: And, like I said, I have a conference call with them as soon as I'm done here to kind of give them some direction and also, after speaking with Jon, who also gave me some direction. MR. LEFEBVRE: Sixty days should be more than enough to modify a permit. MR. VALENTINE: Yes. CHAIRMAN KAUFMAN: Okay. So we'll be back in January. At that time we should have another update that says you're in compliance, and at that time if you want to request some sort of reduction or abatement, that would be your purview. Okay. Are we all set? Thank you. MR. LEFEBVRE: Do we have to read this? CHAIRMAN KAUFMAN: Well, it's continued, so we -- MR. LEFEBVRE: Well, it still probably should be read in. CHAIRMAN KAUFMAN: I don't think it needs to be read into the record. THE COURT REPORTER: Did you vote on that? CHAIRMAN KAUFMAN: No. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We had a motion and a second. You made the motion, and then you started talking through it. MR. LEFEBVRE: I'm sorry. CHAIRMAN KAUFMAN: And on and on. So that's why we November 16, 2018 Page 49 forgot about it. It was, like, ancient history. Okay. How we doing, Fingers? Good? THE COURT REPORTER: I'm good. CHAIRMAN KAUFMAN: I don't talk as fast as Mark Strain, do I? Nobody talks as fast. MS. BUCHILLON: Roman Numeral 6, old business, from impositions, No. 3, CEPM20170018436, William Davidson, Jr., and Laura A. Davidson. (The speakers were duly sworn and indicated in the affirmative.) MR. BLANCO: Mr. Chairman, if I may, I just want to clarify that the respondent has two cases on the same property. CHAIRMAN KAUFMAN: I see that. MS. CURLEY: We've got paperwork. CHAIRMAN KAUFMAN: Three and four. We'll vote on them separately, but we'll hear them one after the other. This is a green pool, for lack of a better term. MR. HOAGBOON: (Witness nods head.) CHAIRMAN KAUFMAN: That's the first one. The second one is? MR. HOAGBOON: That is for a culvert, damaged culvert system. CHAIRMAN KAUFMAN: Okay. We'll get to that, okay. And this one is now in compliance; is that correct? MR. HOAGBOON: Yes, sir. MS. CURLEY: Wasn't it a foreclosure? MR. HOAGBOON: Yes, ma'am. CHAIRMAN KAUFMAN: Okay. We get that all straightened out? So you want to read this into the record? MR. HOAGBOON: Yes, sir. On January 26th, 2018, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced November 16, 2018 Page 50 ordinances and ordered to correct the violation. See the attached order of the Board, page -- or Book 5477, Page 2458, for more information. The violation has been abated as of September 9th, 2018. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from February 3rd, 2018, to September 9th, 2018, 219 days, for a total fine amount of $54,750. Previously assessed operational costs of 59.91 have been paid. Operational costs for today's hearing is 59.42. Total amount is $54,809.42. CHAIRMAN KAUFMAN: Okay. Good morning. MR. DAVIDSON: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the mike for the record. MR. DAVIDSON: Sure. William Davidson. CHAIRMAN KAUFMAN: Okay. And you come before us to say? MR. DAVIDSON: I am the new owner of the foreclosed property at 151 Burning Tree Drive, and I would request that the fines be waived so that we can continue to redevelop the property. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: It had a demo permit on it. Are you taking the house down? MR. DAVIDSON: There are no permits on the house right now. The house is -- I recently purchased the house from the previous owner of which all of these fines were incurred from. He was going through a divorce, severe problems or whatever. So I'm the new owner. I'm trying to get the house redeveloped. I've already got several people interested in buying the house; just trying to get the title cleared up so that we can move forward. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Other than this lien, is there any other title issues November 16, 2018 Page 51 on it? MR. DAVIDSON: Yes. MR. LEFEBVRE: Yes. MR. HOAGBOON: That's going to be taken care of next month, the magistrate. But it's already been abated as well. CHAIRMAN KAUFMAN: Well, I see one, 54,809. The next case is 41,059. Something other than those two? MR. HOAGBOON: Unsecured dwelling. It's been secured. CHAIRMAN KAUFMAN: Okay. But I'm saying, are these the only two outstanding? MR. HOAGBOON: For today. MR. DAVIDSON: For today, yes. CHAIRMAN KAUFMAN: There are some for tomorrow? MR. DAVIDSON: There's some for next month. MR. HOAGBOON: Next month. MR. DAVIDSON: Next meeting. MS. CURLEY: So you bought this 9/17 this year. MR. DAVIDSON: Yes, ma'am. CHAIRMAN KAUFMAN: Okay. Any comments, questions, motions from the Board? MS. CURLEY: The original complaint was because -- it was a neighbor complaint, or what was the original complaint? MR. HOAGBOON: It was neighbors. MS. CURLEY: So we've had neighbors that have had to live with this for a long time. MR. HOAGBOON: Right. But he since has taken care of it, covered the pool, treated it. MS. ELROD: I'll make a motion to deny the county the 54,908.42. CHAIRMAN KAUFMAN: 54,809. MS. ELROD: 809. Dyslexic without my glasses. November 16, 2018 Page 52 CHAIRMAN KAUFMAN: Dyslexic. MR. DAVIDSON: I suffer from that, too. CHAIRMAN KAUFMAN: Do we have a second? MR. ASHTON: I'll second that. CHAIRMAN KAUFMAN: Okay. We have a second. Discussion on the motion. (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So this one is gone. MR. DAVIDSON: Thank you. MS. BUCHILLON: Okay. MR. HOAGBOON: Okay. On January 26th, 2018, the Code Enforcement Board issued a findings 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, OR5477, Page 2448, for more information. CHAIRMAN KAUFMAN: Let me stop you one second. So the Board knows, we're on the next case. Continue. MR. HOAGBOON: The violation has been abated as of August 8th, 2018. Fines have accrued at a rate of $250 per day for the period from February 6th, 2018, to August 8th, 2018, 164 days, for a total fine amount of $41,000. November 16, 2018 Page 53 Previously assessed operational costs of 59.77 have been paid. Clear lot abatement costs incurred by the county in the amount of $2,273 have been paid. Operational costs for today's hearing, 59.49. Total amount of $41,059.49. CHAIRMAN KAUFMAN: Okay. So the respondent has made the county whole for the money that they laid out -- MR. HOAGBOON: Absolutely. CHAIRMAN KAUFMAN: -- to remediate the problem? Okay. Any questions from the Board? MR. LEFEBVRE: Yeah. CHAIRMAN KAUFMAN: First, do you have anything to say on this? MR. DAVIDSON: Just asking that the fines be waived. CHAIRMAN KAUFMAN: Okay. Go ahead. MR. LEFEBVRE: It says, existing culvert and drainage system has collapsed, and then it says, clear lot abatement costs incurred. Does that mean that they -- the county went in and repaired the -- MR. HOAGBOON: The county went in and scooped out the damaged culvert and just made it so the water could flow. So there's a missing culvert that's going to have to be rectified at some point. CHAIRMAN KAUFMAN: That's the future. MR. LEFEBVRE: So where the driveway is, it's just a ditch? MR. HOAGBOON: Correct. CHAIRMAN KAUFMAN: We call those, in Collier County, a swale. MS. CURLEY: Well, I'd make a motion. I feel like -- I understand that you just recently bought this property, and knowing that there was almost $100,000 in fines, I'm sure that there was some consideration for the price that he paid. MR. LEFEBVRE: We can't look at that. MS. CURLEY: So I just feel like there's been a lot of November 16, 2018 Page 54 neighborhood -- you know, have had some issues with this house. This address has been around for about three years. So I make a motion to abate all but $3,000 of the 4,100 -- $41,050.49. CHAIRMAN KAUFMAN: Okay. Do we have a second? (No response.) CHAIRMAN KAUFMAN: I'll second it. Okay. Discussion on the motion? MR. LEFEBVRE: We're not here to look at what consideration was paid for the property, so I would have to not agree with that. MS. CURLEY: That's not the reason for it, but the fines were known, and he knew that these were there. So I think we're -- I think this has been in the system a long time, and that's -- CHAIRMAN KAUFMAN: Any other comments on the motion? (No response.) MR. WHITE: Did he purchase the property this year? MR. DAVIDSON: Yes, sir. And if I may say, I have been in contact with the neighborhood. I also work in the neighborhood. I work for the golf course that is in the neighborhood, and everybody's elated that I purchased the property and are going to redevelop. It is three doors down from the clubhouse, so 90 percent of everybody that drives through the neighborhood going to the golf facility has to drive past this house. So it is widely accepted by the neighborhood to -- you know, the appreciation of going through these pains trying to get this property redeveloped. CHAIRMAN KAUFMAN: Let me make one comment on the motion. Between these two cases, it was $100,000, and I think what Sue is saying is $3,000 is not a lot of money to pay, seeing as $97,000 has been abated. So, for that, I just wanted to put that on the record. MS. ELROD: And I would like to make a statement that we are not a revenue stream. We are a compliance board. November 16, 2018 Page 55 CHAIRMAN KAUFMAN: I understand. MR. LEFEBVRE: I went through this same situation with the City of Naples. They were not as giving, so I feel your pain. CHAIRMAN KAUFMAN: You should buy your property in Collier County then. MR. LEFEBVRE: Point well taken. But I still could not -- I can't agree to that. CHAIRMAN KAUFMAN: Okay. All right. Any other questions on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. MR. LEFEBVRE: Opposed. MR. WHITE: Aye. Okay. Let me count the opposed. Ryan? Two, three. And one, two, three, four. So it passes. Okay. It's 3,000. So the good news is it's not $97,000. MR. DAVIDSON: That's very good news. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Good luck. MR. DAVIDSON: Thank you. THE COURT REPORTER: I'm good. CHAIRMAN KAUFMAN: It's good that I can read your lips. MS. BUCHILLON: Roman Numeral 6 from impositions, No. 5, CESD20170011882, CALCAP, LLC. November 16, 2018 Page 56 (The speakers were duly sworn and indicated in the affirmative.) MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement. This is in regards to CEB Case No. CESD20170011882. Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location is at 4365 23rd Place Southwest, Naples, Florida; Folio No. 35646960003. Description is an in-ground swimming pool and frame addition existing without obtaining the required inspections and certificate of completion and occupancy to improve the unoccupied residential property. Past orders: On January 26th, 2018, the Code Enforcement Board issued a findings 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, OR5477, Page 2427, for more information. The violation has been abated as of November 6th, 2018. Fines and costs to date are as follows: Part B of the order, no fines accrued. Part C of the order, fines have accrued at the rate of $250 per day for the period from March 28th, 2018, to November 6th, 2018, 224 days, for a total fine amount of $56,000. Previous assessed operational costs of $59.63 have been paid. Operational costs for today's hearing is $59.49. Total amount is $56,059.49. CHAIRMAN KAUFMAN: Okay. Good morning. MR. FLYNN: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone. MR. FLYNN: Yes, it's Ian Flynn. I'm one of the partners. November 16, 2018 Page 57 CHAIRMAN KAUFMAN: Okay. I remember this case. This was a pool that had no protection around it; a temporary fence was put up. MR. FLYNN: Yes, a temporary fence was put up immediately after this meeting. CHAIRMAN KAUFMAN: And that's what Part B of the order was. MR. FLYNN: Yes, sir. CHAIRMAN KAUFMAN: Okay. The remaining part, to put up a fence around it, looks like it's taken, correct me if I'm wrong, 224 days; is that correct? MR. FLYNN: No. The fence was taken care of immediately. MR. LEFEBVRE: Temporary fence. CHAIRMAN KAUFMAN: The temporary fence was. MR. FLYNN: The temporary fence was taken care of immediately. And as I explained last time, we had purchased this property not knowing all these things existed. When we found out they existed, we hired a contractor to work on the property. The hurricane took place. The hurricane stopped the contractor from working on the property. In January, when the contractor didn't come back, we then started a search for another contractor. That took place, we hired somebody, but because we didn't know the process of the permit by affidavit, I had to hire a team, a permitting solutions company, to help me with the process. But we put the primary fence up around the pool. We also then hired a pool company to come in, refurbish the pool that was in distress. We even went to the steps to put up a professional baby fence, refinished it, put all new pool equipment, got the pool almost looking brand new at a considerable expense. So that was taken care of, and it took them several months to accomplish that. CHAIRMAN KAUFMAN: Okay. And you are here today to? November 16, 2018 Page 58 MR. FLYNN: I'm looking to -- we've actually incurred significant costs to this property. If we had known the lengths it would take to refurbish this house, we probably would have never bought it, but we can't go back in time. So we're looking to waive some of these fines as we're into this property for in excess of where we think we can sell it. So we're just trying to get out with not taking too huge of a hit. CHAIRMAN KAUFMAN: Okay. Any comments, questions, or motions from the Board? MS. CURLEY: I'll make a motion to abate the county's request of fining -- CHAIRMAN KAUFMAN: Okay. MR. DOINO: Second it. MS. CURLEY: -- 56,059.49. CHAIRMAN KAUFMAN: Okay. We have a motion to deny the county's ability to collect the 59,059.49 (sic), and 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. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Well, good luck. MR. FLYNN: Thank you very much. I appreciate it. CHAIRMAN KAUFMAN: Okay. How much more? Well -- November 16, 2018 Page 59 MR. BLANCO: I think we have two more cases. MR. ASHTON: We have two more, 13 and 15. CHAIRMAN KAUFMAN: Okay. Ms. Fingers is okay. THE COURT REPORTER: Yes. CHAIRMAN KAUFMAN: What are we going to hear next, Helen? MS. BUCHILLON: Roman Numeral 5, D, hearings, No. 13, CEV20180010303, Mireille Mellien. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Everybody is sworn. Danny, you probably want to state that the respondent is not here, that notice was sent, et cetera. MR. BLANCO: Yeah. Ms. Helen will get to that. CHAIRMAN KAUFMAN: Okay. Has everybody been sworn? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: Okay. Do you want to read the case number into the record? MR. CATHEY: Yes. Good morning. For the record, Ryan Cathey, Collier County Code Enforcement. This is in reference to Case No. CEV20180010303 dealing with a violation of the Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95, gray Nissan with no license plate parked on the driveway located at 13517 Koinonia Drive, Naples, Florida, 34114. Folio is 77390001687. Service was given on August 14th, 2018. I would now like to present case evidence in the following exhibits: Two photographs taken by myself on August 13, 2018; two from August 29, 2018; one from November 15th, 2018; and an aerial of the property. CHAIRMAN KAUFMAN: Okay. Get a motion to accept the November 16, 2018 Page 60 photos? MR. DOINO: Make a motion. MR. ASHTON: Motion to accept. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CATHEY: On August 13th, 2018, I observed the vehicle parking on a mulchy area near the front door; also observed that the vehicle did not have a license plate. I spoke with the owner and advised her of the violations. A notice of violation was issued on August 14th due to two previous similar cases involving the same vehicle. On August 29th I observed that the vehicle was moved onto the driveway but it still did not have a valid license plate on it. On August 31st, I conducted a site visit and spoke with the owner's son, reminded him of the violation, and I did another site visit on September 12th, and there was another gentleman at the home, reminded him of the violation as well. I went to the property yesterday, and the vehicle has since been removed. That's it. CHAIRMAN KAUFMAN: Okay. All righty. Well, you're not allowed to have an unlicensed vehicle in a driveway, so I'd like to see if we can find if a violation exists. November 16, 2018 Page 61 MR. ASHTON: If they removed the car -- CHAIRMAN KAUFMAN: It existed back when he issued the violation. MR. CATHEY: It did and -- MR. LETOURNEAU: We're in the same situation as we were with that -- CHAIRMAN KAUFMAN: Just want it on the record. MR. LETOURNEAU: -- auto sales. Yeah, we need it on the record to get a repeat. CHAIRMAN KAUFMAN: Okay. Someone -- MR. DOINO: Make a motion. MS. CURLEY: Violation exists. CHAIRMAN KAUFMAN: Motion. Second? MR. DOINO: Yep. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us? MR. CATHEY: I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.42 incurred in the prosecution of this case within 30 days and abate all violations by: Obtaining and affixing a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure or store said vehicles within a completely enclosed structure November 16, 2018 Page 62 and/or repair defects so the vehicle is immediately operable and remove offending vehicles from residentially zoned area within blank days of this hearing, or a fine of blank amount per day will be imposed until the violation is abated; Two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. And since the respondent is not present, I'm going to ask Danny, do you have a record of the notice that was sent to the respondent? MR. BLANCO: Yes, we do. If Ms. Helen would read the date that we sent the notice of hearing, the affidavit of mailing, and affidavit of posting. MS. BUCHILLON: The mailing, it was on November 6th, and it was posted on November 5th. CHAIRMAN KAUFMAN: Okay. Is that sufficient? MR. BLANCO: Yeah, that complies with the Florida Statute. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Mr. Chairman, I believe this recommendation was probably written -- CHAIRMAN KAUFMAN: Prior. MR. LETOURNEAU: -- prior to the vehicle being removed. So if we could, like, craft it pretty much the same as that auto sales one was crafted -- yeah. CHAIRMAN KAUFMAN: Just show the fine of 42.59, which is the court costs, and it is now in compliance. MR. LETOURNEAU: Yeah. There will be a record that you November 16, 2018 Page 63 guys found the violation and that there is an operational cost on the order. CHAIRMAN KAUFMAN: Let's vote on that. Someone want to make that motion? (No response.) CHAIRMAN KAUFMAN: I make the motion. MR. DOINO: Second. CHAIRMAN KAUFMAN: You second it. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Is this your first case? MR. CATHEY: No; second. CHAIRMAN KAUFMAN: It's your second case? Do you stay up at night wondering how things are going to turn out the next day? MR. CASALANGUIDA: A little bit; just a little bit. CHAIRMAN KAUFMAN: He's not scared, I know. MR. CATHEY: Thank you. CHAIRMAN KAUFMAN: Thanks. MS. BUCHILLON: Roman Numeral 5, D, hearings, No. 15, CEPM20180009676, Johnny G. Blanco. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: This isn't any relative of yours? MR. BLANCO: No, sir. CHAIRMAN KAUFMAN: I'm just going to read: The November 16, 2018 Page 64 description of violation, occupied dwelling with roof/soffit damage, exposed electrical wires, missing/damaged screened pool enclosure, no approved swimming pool barrier; access to the pool can be gained. Okay. I just wanted to read that so the Board -- why don't you give us your official presentation. MR. CONNETTA: For the record, Investigator John Connetta, Collier County Code Enforcement. This is in reference to Case CEPM20180009676 dealing with the violations of the Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(c), 22-231(12)(n), 22-231(11), and the Florida Building Code, Sixth Edition, Chapter 4, Section 454.2.17, residential swimming pool barrier requirement. The description of the violation is an occupied dwelling with roof/soffit damage, exposed electrical wires, the screened pool enclosure was damaged by Hurricane Irma and never replaced/repaired, leaving the swimming pool area exposed. Located at 160 Logan Boulevard South, Naples, Florida, 34119; Folio No. 38281000008. Service was given on July 25th, 2018. I'd like to present case evidence in the following exhibits: Five photos that were taken by Investigator Junior Torres on July 24th, 2018; one photo taken by myself on November 6th, 2018; and the last photo was taken by myself on November 15th, 2018. MR. WHITE: Motion to accept the photos. CHAIRMAN KAUFMAN: We have a motion to accept the photos. MR. DOINO: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. November 16, 2018 Page 65 MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Give me a minute to drill down on this a little bit. To be honest with you, I'm kind of surprised that this wasn't an emergency hearing. MS. CURLEY: Does anyone know where the owner is? MR. CONNETTA: Oh, yes. He's present. MS. CURLEY: Does he live there? MR. CONNETTA: No. CHAIRMAN KAUFMAN: Okay. And as we did in the previous case, we are going to have to show that notification was sent by mail and whatever. Okay. Okay. Why don't we start out. The photos, it looks like the -- MR. CONNETTA: This is the front of the house. What it was, he took a single-family house, and he divided it into, like, six separate, little apartments, okay. And the pipes that you see are two bathrooms that he's added to the property, okay. But this all began under a different site development case. Okay. Now, if you go through the photos, up in the top corner, there's exposed electrical wires -- right up in that corner, yes. CHAIRMAN KAUFMAN: Yep. MR. CONNETTA: Okay. If you scroll -- next photo. That's the green pool. CHAIRMAN KAUFMAN: It's not St. Patrick's Day. MR. CONNETTA: Okay. The screen enclosure, that was completely covered. It was damaged during Hurricane Irma. It was never replaced. It leaves the swimming pool area exposed. Another photo of the pool. November 16, 2018 Page 66 MS. CURLEY: I couldn't care -- CHAIRMAN KAUFMAN: Okay. MR. CONNETTA: And that should be my last photo dated yesterday, right here, showing that the pool water's been cleaned, but the pool is still exposed. CHAIRMAN KAUFMAN: Okay. And there are people living in the house. I'll wait till you do your thing. MR. CONNETTA: Okay. This case began on July 23rd, 2018, after I received a complaint from the tenant who stated that the septic system was backing up into the shower stalls and bathroom sinks inside the unit. On November -- on July 24th, 2018, I responded to the scene with Investigator Junior Torres and spoke with the tenant, Mark, who signed the entry consent -- THE COURT REPORTER: Can you slow down? CHAIRMAN KAUFMAN: We have a new Kitchell Snow. MR. LEFEBVRE: Yes, we do. MR. CONNETTA: I spoke with the tenant, Mark, who signed an entry consent form allowing code enforcement investigator onto the property to conduct an inspection for property maintenance violations. During the conversation with Mark, he stated that the property owner, Johnny Blanco, had added two more bathrooms to the inside of the house along with converting the garage to a small apartment with no permits, which will be addressed later in a site development case. While on scene, Torres and myself observed that there was soffit damage to the roof area, exposed electrical wires hanging from the roof, the pool water was green in color, and the screen enclosure surrounding the swimming pool was damaged by Hurricane Irma and never replaced, leaving the pool area exposed. A notice of violation was generated and mailed certified registered mail and regular U.S. mail to the property owner who does November 16, 2018 Page 67 not reside at this location. The property and courthouse were also posted. The pool-water violation has been addressed. As of November 15, 2018, all of the other violations, to include the swimming pool being exposed, remain. CHAIRMAN KAUFMAN: Okay. I will ask you just, for the record, do you know what the zoning is where that house is? MR. CONNETTA: It's Estates. CHAIRMAN KAUFMAN: Estates? MR. CONNETTA: Estates. CHAIRMAN KAUFMAN: Single-family? MR. CONNETTA: Yes. CHAIRMAN KAUFMAN: Okay. Danny, did you want to make sure that this has been -- MR. BLANCO: Yes. If Helen would -- MS. BUCHILLON: Yes. Notice of hearing was mailed on November 6th, 2018, and it was also posted in the courthouse November 6th, 2018. CHAIRMAN KAUFMAN: Okay. So first things first. The respondent is not present. Anybody want to find if a violation exists? MR. DOINO: Make a motion. MR. ASHTON: Make a motion a violation exists. MR. WHITE: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: Motion, second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. November 16, 2018 Page 68 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. John, you have a suggestion for us? MR. CONNETTA: Yes, sir. That the Code Enforcement Board order the respondent to pay all operational costs in the amount of $60.43 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building permits or demolition permit, inspection, and certificate of completion/occupancy within blank days of this hearing for the repair of the roof and soffit damage, address the exposed electrical wires, and the replacement of an improved permanent pool barrier, or a fine of blank amount per day will be imposed until the violation is abated. Secondly, secure the swimming pool area by erecting a temporary building-department-approved safety barrier within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated. Third, that the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to tackle this? The one comment I'd like to make before someone tries is I'm actually surprised that this was not an emergency case. And in the past when you have a completely unprotected pool, we don't give it more than a week to get that resolved. So anybody want to try filling in the blanks on this? If not, I will. MS. CURLEY: Go for it. November 16, 2018 Page 69 CHAIRMAN KAUFMAN: I'll go for it. To begin with, $63.43 to be paid within 30 days. Let me do the temporary fence first. The temporary fence be erected within -- today's Friday. MR. ASHTON: Five days. CHAIRMAN KAUFMAN: I'll make it seven days, okay, seven days, or a $500-a-day fine be imposed. Now, for the rest of the order -- and I realize there's other things pending on this. Since nothing's been done to begin with, I'm going to put a short leash on this, 60 days or $250 fine after that. MS. CURLEY: Why so long? CHAIRMAN KAUFMAN: Well, there are other things that are pending on this that are -- it sounds like they're violating other provisions that are going to probably wind up here anyhow. MS. ELROD: And they have tenants. CHAIRMAN KAUFMAN: Yes. So the place is occupied? MR. CONNETTA: Sometimes I see people there, and sometimes I don't. According to the owner, he was going to have everybody vacate and then have a contractor go in and take cake of, you know, all the violations. So sometimes I see a vehicle there, then there's some days I don't see a vehicle there. CHAIRMAN KAUFMAN: Just, curiosity's sake, let's vote on this to begin with. So I have my motion. MR. LETOURNEAU: I will say that there is a permit application already -- he put in about a week and a half ago for this. CHAIRMAN KAUFMAN: Okay. This is -- but they've, in essence, converted a single-family house into a multifamily house, and that's probably what is pending. MR. CONNETTA: Right. CHAIRMAN KAUFMAN: Okay. So my motion -- MR. WHITE: Second. November 16, 2018 Page 70 MS. ELROD: Second. MR. ASHTON: Second. CHAIRMAN KAUFMAN: You have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have any idea when the other is going to come before us or the magistrate? MR. CONNETTA: I'm not really sure yet, but that's -- actually, a different investigator's handling that one. CHAIRMAN KAUFMAN: Okay. MR. CONNETTA: So we're going on -- No. 1 we're going 60 days at 250, and No. 2 we're going seven days at 500? CHAIRMAN KAUFMAN: That's correct. MR. CONNETTA: Okay. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Have you been in regular contact with this owner? MR. CONNETTA: Actually talked to him yesterday. CHAIRMAN KAUFMAN: Does he sound like he's going to -- MR. CONNETTA: Probably not. CHAIRMAN KAUFMAN: Probably -- okay. We'll find out. You'll find out. All right. MR. CONNETTA: Thank you. November 16, 2018 Page 71 CHAIRMAN KAUFMAN: Thank you, John. We have almost an empty house here. There's, like, echos. Do we have anything else, Helen? MS. BUCHILLON: No, sir. CHAIRMAN KAUFMAN: Let me just go through my list here. Okay. We have no meeting next month. MR. ASHTON: January is the next one. MR. BLANCO: Our next meeting date, it's January 24th, 2019. I would also like to wish all the Board members a Happy Thanksgiving and Happy New Year since I won't see you guys till -- CHAIRMAN KAUFMAN: Can we vote on that? Okay. We'd like to wish everybody else, our whole family here, Happy Holidays. MS. ELROD: Happy Holidays. MS. CURLEY: Likewise. CHAIRMAN KAUFMAN: Okay. We are -- sorry for the small gavel -- adjourned. ***** November 16, 2018 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:50 a.m. e•. .. - NFORCEMENT BOARD ' • I,ERT Vig MAN, CHAIRMAN These minutes approved by the Board on I - . ci - l q , as presented V or as corrected . TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 72