Spec Master Minutes 06/16/2006
June 16,2006
MINUTES OF THE MEETING OF THE COLLIER COUNTY
SPECIAL MASTER
Naples, Florida, June 16, 2006
LET IT BE REMEMBERED, that the Collier County Special Master in and for the
County of Collier, having conducted business herein, met on this date at 8:45 AM
in REGULAR SESSION in Building "F" of the Government Complex, East
Naples, Florida, with the following members present:
SPECIAL MASTER: Honorable Brenda Garretson
COUNTY STAFF PRESENT: Shirley Garcia - Secretary to the Special Master
Jeff Wright - Assistant County Attorney
Dennis Mitchell- Supervisor Code Enforcement
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HEARING OF THE COLLIER COUNTY SPECIAL MASTER
AGENDA
Date: June 16, 2006, at 8:45 a.m.
Location: Collier County Government Center, Third Floor, 3301 East Tamiami Trail, Naples, Florida
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MASTER WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE
RESPONSIBLE FOR PROVIDING THIS RECORD.
1. CALL TO ORDER
A. HONORABLE SPECIAL MASTER BRENDA GARRETSON, PRESIDING
B. HEARING RULES AND PROCEDURES
3. PUBLIC HEARINGS
2. APPROVAL OF MINUTES - May 19, 2006
A. MOTIONS
1. Motion for Continuance - Elizabeth Lake
Case: 2005091059
B. STIPULATIONS - Elizabeth Lake
Carlos & Dulce Valdes
George & Cheryl Sands
Rogelio & Norma Chiong
Case 2005091059
Case: 2006011025
Case: 2006040923
Case: 2006050761
C. HEARINGS
I. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
3. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
SO 151202
MICHAEL W ASKOVICH
DAMON SCHLOENDORN #1992
ORD. SEe. 130-66
PARKED IN DROP OFF/UNLOAD AREA
CE 1647
KEVIN WILLIAMS
SHERRY PATTERSON #85
ORD. SEe. 130-67
HANDICAPPED PARKING - BLOCKING ACCESS
114804 PARK RANGERS
NATASHA KRAGH
STEVE STACHURA #5517
ORD. SEC. 130-66
F AlLURE TO DISPLAY BEACH PARKING RECEIPT
DAS 11185-11186-11187
DA VID HOWELL
KURT ZEITLER #114
ORD. SEe. 14-41(A)7, (A)5
ABANDON TO DIE ANIMAL, TORMENT TO ANIMAL
5. CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
7. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
8. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
10. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
11. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
5. OLD BUSINESS -
6. NEW BUSINESS -
2006040068
JILL WEAVER & HENRY TESNO
HEINZ BOX #17
04-41 SEe. 2.01.00(A)
UNLICENSED VEHICLE IN DRIVEWAY
2006050033
JAIME GUTIERREZ
HEINZ BOX #17
04-41 SEe. 1.04.01
STORAGE OF WEIGHTLIFTING APPARATUS & SMALL HUT
2006040453
RUSSELL LEEHAUG TR, LEEHAUG FAMILY TR
HEINZ BOX #17
04-58 SEe. 7(2)
HAS NOT OBTAINED COLLIER COUNTY RENTAL REGISTRATION
2006040736
RICARDO RAMIREZ & SONIA GARCIA
HEINZ BOX #17
04-41 SEe. 2.01.00(A)
UNLICENSED VEHICLE PARKED ON PROPERTY
2006020762
BENJAMIN ROSAS
CRISTINA PEREZ #79
05-44 SEe. 6 & 7
LITTER, TREE DEBRIS, PIPES, ETe.
2006020761
TRINE GUAJARDO
CRISTINA PEREZ #79
04-41 SEe. 2.01.00(A)
UNLICENSED/INOPERABLE VEHICLE
2005091021
SOUTHERN MGMT CORP
SUSAN O'FARRELL #88
04-41 SEe. 4.06.05(J)( 1 )(2)
IMPROPER LIFTING AND PRUNING OF LIVE OAKS
COMMENTS -
A. Request for Reduction of Fines/Liens - Keri Hunt
Case: 2005080998
8. NEXT MEETING DATE - July 7, 2006
June 16,2006
1. CALL TO ORDER
A. The Meeting was called to order by Honorable Special Master Brenda Garretson at
8:56 AM. All those testifying at these proceedings today did so under oath.
B. Hearing Rules and Regulations were given by Special Master Garretson.
Special Master Garretson gave the Respondents an opportunity to speak with their
Investigating Officer before conducting the Hearing for a Resolution by stipulation;
looking for Compliance without being punitive.
BREAK FOR STIPULATIONS - 9:08 A.M.
RECONVENED 9:20 A.M.
2. APPROVAL OF MINUTES - Mav 19, 2006
3. PUBLIC HEARINGS
A. MOTIONS
1. Motion for Continuance - Elizabeth Lake - Case #2005091059
B. STIPULATIONS - Elizabeth Lake - Case#2005091059
Carlos & Dulce Valdes - Case #2006011025
George & Cheryl Sands - Case #2006040923
Rogelio & Norma Chiong - Case #2006050761
Case #2005091059 - BCC vs. Elizabeth Lake
The Respondent was not present.
Special Master Garretson noted there is a motion from the Respondents Attorney, Tim Ferguson,
for a Continuance, but the stipulation was entered later. The Attorney participated in the
agreement of the Stipulation.
The motion for Continuance was denied.
Code Enforcement Supervisor Jeff Letourneau testified to the stipulation in which the primary
structure's ground floor was renovated into living space with improvements and no building
permits were issued.
A Stipulation was agreed upon by the Respondent.
Finding the notice of hearing was properly served, the respondent is found guilty of the alleged
violation(s) and is ordered to abate the violations by obtaining the proper permits and
completing improvements or obtaining a Demolition Permit or a Certificate of Completion and
restoring on or before December 16,2006 or afine of $1 00. 00 per day will be imposedfor each
day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of $430.46 incurred by Code
Enforcement during the prosecution of this case on or before July 16, 2006.
The respondent must notify Code Enforcement within 24 hours of abatement to confirm
compliance.
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June 16, 2006
Case #2006011025- BCC vs. Carlos & Dulce Valdes
The Respondent was not present.
Code Enforcement Investigator Shawn Luedtke testified the violation has been abated
A stipulation was agreed upon by the Respondent.
Finding the notice of hearing was properly served, and finding the violation did exist, but was
CORRECTED prior to today's hearing, respondent is found guilty of the allegedviolation(s)
and is ordered to pay Operational Cost in the amount of$139.97 incurred by Code
Enforcement during the prosecution of this case. The Operational Costs have previously been
paid.
Case #2006040923 - BCC vs. Geort!e & Cheryl Sands
The Respondent was not present.
Code Enforcement Investigator Box explained the violation of an unlicensed vehicle on their
property which has now been abated.
A stipulation was agreed upon by the Respondent
Finding the notice of hearing was properly served, and finding the violation did exist, but was
CORRECTED prior to today's hearing, Respondent is found guilty of the alleged violation(s)
and is ordered to pay Operational Cost in the amount of $122.46 incurred by Code
Enforcement during the prosecution of this case on or before July 16" 2006.
Case # 2006050761 - BCC vs. R02elio & Norma Chion2
The Respondent was not present and only one Respondent is entering into the Stipulation.
Code Enforcement Investigator Box testified a commercial vehicle on his property was found to
be in violation and has been abated.
A Stipulation was agreed upon by the Respondent.
Finding the notice of hearing was properly served; and finding the violation did exist, but was
CORRECTED prior to today's Hearing, Respondent is found guilty of the alleged violation(s)
and is ordered to pay Operational Cost in the amount of$135.30 incurred by Code
Enforcement during the prosecution of this case on or before July 16, 206.
C. HEARINGS
5. Case #2006040068 - BCC vs. Jill Weaver & Henry Tesno
This Hearing was requested by Code Enforcement Investigator Heinz Box #17 who was present.
The Respondent(s) were present earlier and agreed to the Stipulation but left before the Hearing
was heard.
Violation(s): 04-41 Sec. 2.01.00 (A)
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June 16,2006
Unlicensed Vehicle in Driveway.
Violation was at 3180 Van Buren Ave. and has been abated.
A Stipulation was agreed upon by the Respondent.
Finding the Notice of Hearing was properly served, and finding the violation did exist but was
CORRECTED prior to today's Hearing, Respondent is found guilty of the alleged violation(s)
and is ordered to pay Operational Costs in tile amount of$163.21 incurred by Code
Enforcement during the prosecution of this case on or before July 16,2006.
6. Case #2006050033 - BCC vs. Jaime Gutierrez
This Hearing was requested by Code Enforcement Investigator Heinz Box #17 who was present.
The Respondent was present earlier and agreed to the Stipulation but left before the Hearing was
heard.
Violation(s): 04-41 Sec. 1.04.0 I
Storage of Weight Lifting Apparatus & Small Hut
Violation at 3152 Poinciana Drive. The majority of the equipment has been removed as of
today's date. Pictures were shown.
A Stipulation was agreed upon by the Respondent.
Finding the Notice of Hearing was properly served; the Respondent is found GUlL TY of the
alleged violation(s) and is ordered to remove the remaining equipment on or before June 23,
2006 or a fine of $1 00 per day will be imposed for each day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of$132.51 incurred by Code
Enforcement during the prosecution of this case on or before July 16,2006.
The Respondent is to notify the Investigator by June 26th, 2006 to concur the violation has been
abated.
7. Case #2006040453 - BCC vs. Russell Leehau2: TR., Leehau2: Family Tr.
This Hearing was requested by Code Enforcement Investigator Heinz Box #17 who was present.
The Respondent was not present.
Violation(s): 04-58, Sec. 9 (2)
Has not obtained Collier County Rental Registration
Respondent resides in Frankfort, Illinois. Violation address is 4221 Gulf Stream Drive. No
Registration has been received to date, but Respondent has agreed to stipulate verbally by
telephone on April 7, 2006. Being that it is verbal, it is not enforceable.
The Case has been CONTINUED until the July 7, 2006 Hearing in which the Respondent will be
contacted as to the continued date.
1. Case #SO 151202 - BCC vs. Michael Waskovich
This Hearing was requested by the Respondent who was present.
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June 16,2006
The Sheriffs Office Damon Schloendorn #1992 was not present.
Violation(s): 130-66
Parked in drop-off/Unload Area
Citation was Dismissed.
2. Case #CE 1647 - BCC vs. Kevin Williams
This Hearing was requested by the Respondent who was present.
This Hearing was requested by Code Enforcement Investigator Sherry Patterson #85 who was
present.
Violation(s): 130-67
Handicapped Parking - Blocking Access
The Respondent testified when parking in the area on Collier Blvd. at the Publix in Pebblebrook
Shopping Center - he was told by a Sheriffs officer he could park in the blank area, as long as he
wasn't on the white lines. It is not in a Handicapped area and he did not feel he was guilty of the
violation.
Investigator Patterson testified on May 4, 2006 she was on patrol in the Pebblebrook Shopping
Center on Collier Blvd. when spotting a motor scooter parked and blocking the access aisle of the
Handicapped space. It is a licensed and tagged motor vehicle road ready. Photos were taken and
a Citation was issued under Ordinance 05-16 Section 130-67 of the CC Codes of Law &
Ordinances. The Respondent claimed he could park there because the lines do not extend to the
end of the curb and is not part of the handicapped space. Investigator Patterson testified the space
is the exclusive use of physically disabled persons and is part of the handicapped space. Photos
were shown in which the Investigator testified the Respondent was also blocking the access of the
crosswalk.
Photos - Exhibit (B) was entered into evidence.
The Respondent's Father (Frank Williams) gave support to his son and objected to showing
specific photos of which showed comparison areas of the fire lane at the same shopping center
with the lines not extending completely to the curb. The Respondent objected to the photo being
admitted into evidence.
Special Master Garretson sustained the Respondents objection. The Assistant County Attorney,
Jeff Wright and Special Master Garretson conferred on the hearsay ofthe Police Officer and the
State Statutes.
Admitted into evidence was: Exhibit (A) photo by the County,
Respondent Exhibit (B) Composite (2 pictures)
The Investigator read into the record the sections she was referring to from the Codes of Laws &
Ordinance referencing State Statutes. (316-1495 Section 2)
Special Master Garretson stated both sides had an honest belief that their interpretation of the
Ordinance was correct. The Respondent had no intent of violating the Ordinance and intent is not
an element but taken into consideration.
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June 16,2006
The Special Master also stated the Investigator would not know what her interpretation is based
on any prior ruling that she has made. The Investigator is only able to rely on her interpretation
of what her Department has done in past.
The Respondent was found NOT GUILTY for the reason that the language in the Ordinance
states "within such designated area. "
A further explanation by Special Master Garretson was given of the area in question with
photos.
3. Case #114804 Park Ranl!ers - BCC vs. Natasha Kral!h
This Hearing was requested by the Respondent who was not present.
Parks & Recreation Ranger Steve Strachura was present.
Violation(s): 130-66
Failure to display Beach Parking Receipt
Ranger Strachura testified the vehicle was found without a beach parking receipt or permit
displayed.
Finding the notice of hearing was properly served; the respondent is found guilty of the alleged
violation(s) and is ordered to pay afine of$30 on or before July 16,2006. Respondent is also
ordered to pay Operational Cost in the amount of $50 incurred by Code Enforcement during
the prosecution of this case on or before July 16, 2006
4. Case #DAS11185-11186-11187 - BCC vs. David Howell
This Hearing was requested by the Respondent who was present.
The DAS Investigator Kurt Zeitler #114 was present along with Colleen Green, Assistant County
Attorney representing DAS.
Violation(s): 14-41 (A) 7, CA 5
Abandon to Die Animal, Torment to Animal
The Respondent testified he owns a small farm on Brandy Lane. Pictures of the cows were
discussed. He talked about the fire on his property and about the fenced in area with his two
animals. The Respondent offered pictures into evidence. (A Cow & Bull)
Assistant County Attorney Green objected to the pictures as not being relevant, as she does not
know when they were taken.
It was overruled and allowed to be shown to the Special Master.
Pictures were offered as Exhibit (A).
The Respondent had been asked to move his animals at the time of the fire, but refused, as he
didn't think it was necessary and the fire had already been burning. He stated the cows will go to
a dry spot to graze at the other end of the fence. He also testified he had not been advised he
would be in violation if he did not protect his animals.
Assistant County Attorney Green read part of the Ordinance and violations. Pictures were taken
on the day, place and time of the fire and offered into evidence. Smoke inhalation by the animals
was a concern.
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June 16,2006
Accepted into evidence: Counties Composite Exhibit 1 (11 photos & date of the fire-April 18.
2006) & Counties Composite Exhibit 2 - (damage to the field).
The pictures were discussed at length and shown with clarification as to the property line to the
Special Master. Both sides declared and agreed where the Respondents property line is.
The area was to be evacuated with pumper trucks detaining the fire, but it had encroached upon
the Respondents property. Concern for the animals was a major concern.
Attorney Green asked the Respondent what his training or certified qualifications are in raising
the animals with the testimony he has given.
The Respondent responded he has 45 years experience with horses and livestock in Ohio and lO-
Il years in Florida. He also has bees on his property and they were not affected by the fire.
The pictures offered into evidence were changed to: Counties Exhibit (B) with numbers 1-14 for
each photograph. Counties Exhibit (C) with numbers 1-11 for each photograph.
Several questions were asked of the Respondent by Attorney Green.
Officer Zeitler testified Agriculture units were available and offered to the Respondent for his
animals to be held for shelter. This is offered in emergency situations for the safety and welfare
of all animals.
The Respondent testified it is difficult to load a thousand ton bull into a trailer with horns, as
someone will get hurt. He stated he is not a pet.
The DAS Officer responded they are all trained to handle large animals.
3 citations have been issued: 1 for each animal for the violation being "torment to any animal"
and third violation - female cow to "abandon to die. "
The Special Master found the Respondent GUILTY of the 2 violations "torment to any animal"
not the third violation. It did appear the animals were in damage.
Finding the notice of hearing was properly served, the respondent is found guilty of the alleged
violation(s) and is ordered to pay a fine of $500 and two $7 citations ($14 total for the citations)
on or before July 16, 2006. Respondent is ordered to pay Operational Cost in the amount of
$50 incurred by Code Enforcement during the prosecution of this case on or before July 16,
2006.
Total costs: $564
The Respondent wishes to appeal his case and was given the appeal process.
BREAK-I0:55 AM
RECONVENED - 11 :04 AM
10. Case #2006020761 - BCC vs. Trine Guaiardo
This Hearing was requested by Code Enforcement Investigator Christina Perez who was present.
The Respondent was also present.
Violation(s): 04-41 Sec. 2.01.00 (A)
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June 16,2006
Unlicensed/Inoperable Vehicle
Violation address is 1406 Orange Street, Immokalee, on April 16, 2006. As of to day's date,
several of the vehicles have been abandoned, but not all of them. A van remains on the property.
The Respondent testified the vehicles are not hers and the tags have been purchased.
Finding the notice of hearing was properly served, the respondent is found guilty of the alleged
violation(s) and is ordered to abate the violation by affIXing the proper registration on the
vehicle on or before June 23,2006 or afine of $50. 00 per day will be imposedfor each day the
violatioll remains thereafter.
Respondent is ordered to pay Operational Cost in the amount of $122.62 incurred by Code
Enforcement during the prosecution of this case on or before July 16,2006.
The respondent must notify Code Enforcement within 24 hours of abatement to confirm
compliance.
11. Case #2005091021- BCC vs. Southern Manaeement Corp.
This Hearing was requested by Environmental Investigator Susan O'Farrell #88 who was present.
The Respondent was also present.
Violation(s): 04-41 Sec 4.06.05 (J) (1) (2)
Improper Lifting and Pruning of Live Oaks
A continuance had been granted for today's Hearing. This was to give the Respondent time to
obtain an arborist (Phil Buck) and meet the Investigator on site along with evaluating the situation
with the arborist. Investigator O'Farrell met the arborist on site and worked out a plan which was
faxed to Southern Mgt. Investigator O'Farrell agreed with the report.
The Respondent stated he asked the arborist to be at the Hearing as there was a different report
given to the Respondent at an earlier meeting date.
The second report is in writing with the arborist's signature.
The Special Master cannot accept the report due to the fact the arborist is not in attendance.
She asked to have him subpoenaed as a witness and CONTINUE the case for the July 21st
Hearing.
The Respondent will seek legal advice.
8. Case #2006040736 - BCC vs. Ricardo Ramirez & Sonia Garcia
This Hearing was requested by Code Enforcement Heinz Box #17 who was present.
The Respondent was not present.
Violation(s): 04-41 Section 2.1. (A
Unlicensed Vehicle parked on Property
Violation occurred at 39 Lynnwood Ave. NOV was issued on April 18, 26 and has since spoken
with the Respondent and found the violation has been abated.
8
June 16,2006
Finding the notice of hearing was properly served, and finding the violation did exist but was
CORRECTD prior to today's Hearing, Respondent is found guilty of the alleged violation(s)
and is ordered to pay Operational Costs in the amount $134.83 on or before July 16, 2006.
9. Case #2005061006 - BCC vs. Beniamin Rosas
This Hearing was requested by Code Enforcement Investigator Christina Perez who was present.
The Respondent was not present.
Violation(s): 05-44 Sec. 6 & 7
Litter, Tree debris, Pipes etc.
Violation occurred at 148 Orange Street, lmmokalee. In checking the property yesterday, it was
found to be in compliance and abated.
Finding the notice of hearing was properly served, and finding the violation did exist but was
CORRECTED prior to today's Hearing, Respondent is found guilty of the alleged violation(s
and is ordered to pay Operational Costs in the amount of $111.66 incurred by Code
Enforcement during the prosecution of this case on or before July 16,2006.
5. OLD BUSINESS - None
Approval of the Minutes of May 19,2006 has been deferred until the next Hearing date.
6. NEW BUSINESS
A. Request for Reduction of Fines/Liens - Keri Hunt - Case #2005080998
Respondent Keri Hunt testified she made an agreement with the County to pay
the Operational Costs and $100 fine.
Code Enforcement Investigator Ian Jackson testified he has negotiated and
stipulated with the Respondent.
The County has accepted the $100 fine to be satisfactory. Respondent is ordered to pay
Operational Costs in the amount of $251. 9 incurred by Code Enforcement during the
prosecution of this case on or before July 16, 2006.
7. COMMENTS
Special Master Garretson will preside over a Training Session for the Public with the tentative
date of July 28, 2006. All Associations are invited. This will be publicly noticed with time etc.
The purpose of the Workshop is to be aware of the process and procedures of what happens at a
Special Master Hearing.
A transcript will not be needed of the Workshop.
8. NEXT MEETING DATE
July 7, 2006
9
June 16, 2006
*****
There being no further business for the good ofthe County, the Hearing was adjourned by order of
the Special Master at 11 :36 AM.
FOR THE COLLIER COUNTY SPECIAL MASTER
Secretary to the Special Master, Shirley Garcia
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