Spec Master Minutes 10/16/2006
MINUTES OF THE MEETING OF THE COLLIER COUNTY
SPECIAL MASTER
Naples, Florida, October 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
Dennis Mitchell - Code Enforcement Supervisor
Jeff Wright - Assistant County Attorney
HEARING OF THE COLLIER COUNTY SPECIAL MASTER
AGENDA
Date: October 16t\ 2006 8:45 A.M.
Location: 3301 E. Tamiami Trail, Naples, Florida, Collier County Government Center
Administrative Building "F", 3rd Floor
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 ENFORCEMEJ\T BOARD SHALL BE
RESPONSIBLE FOR PROVIDING THIS RECORD.
1. CALL TO ORDER
A. HONORABLE SPECIAL MASTER BRENDA GARRETSON, PRESIDING
B. HEARING RULES AND PROCEDURES
2. APPROVAL OF MINUTES -October 6th, 2006
2. MOTIONS - Continuance Request
1. Aimee Stephenson
A. STIPULA TIONS:
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
4. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
DAS 11106
2006081194
ARTHUR & LINDA KIESOW
RENALD PAUL
ORD. 04-41 SEe. 4.05.03(A)
VEHICLE PARKED ON THE FRONT YARD
2006081195
ARTHUR & LINDA KIESOW
RENALD PAUL
ORD. 04-41 SEe. 2.01.00(A)
UNLICENSED/INOPERABLE VEHICLE
CE 430
EUGENE HARTLEY
RON MARTINDALE
O~D. 8o..tt1 S-fC. 130- b~
UNLAWFUL AREA - RIGHT OF WAY
CO 4009
PHYLLIS ANDERSON
SUSAN O'FARRELL
ORD.04-41
ILLUMINATING LIGHTS PAST 9PM SEA
TURTLE NESTING SEASON
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
4. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
7. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
8. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
9. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
PU 167
ROYCE & PAIGE RIPPERE
GARY MORROCO
ORD. 02-17 SEe. 5
IRRIGATION OUTSIDE DESIGNATED DAY OR TIME
PU 135
MELODY BALES
TONY A PHILLIPS
ORD. 02-17 SEe. 5
IRRIGATION OUTSIDE DESIGNATED DAY OR TIME
2006080097
DENRIQUE BASTIEN
JOE MUCHA
ORD. 04-41 SEe. 2.01.00(A)
UNLICENSED VEHICLE
2006080472
JEAN CLAUDE MARTEL
JOE MUCHA
REPEAT VIOLATIONS: ORD. 04-58 SEe. 6 SUB SEC 1,4,9,11,12B,C,I,L,O,P,
19A,D & 20
MINUMUM HOUSING VIOLATIONS
2006081112
JEAN CLAUDE MARTEL
JOE MUCHA
REPEAT VIOLATIONS: ORD. 04-58 SEe. 6 SUB SEC 4,5,12B, P, 19A,B,C & 20
MINUMUM HOUSING VIOLATIONS
2006070944
ROBERT FLICK
JOE MUCHA
ORD. 04-41 SEe. 2.01.00(1)
UNLICENSED VEHICLE
2006060896
MICHAEL MICELLI
HEINZ BOX
ORD. 04-41 SEe. 2.01.00(A)
UNLICENSED/INOPERABLE VEHICLE
5. OLD BUSINESS -
A. Request for Imposition of Fines/Liens:
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2005010315
FABIAN & MARIA SANCHEZ-LUZARDO
DENNIS MAZZONE
HOUSE BEING CONSTRUCTED WITH NO PERMITS
2004100228
DA VID CROCKETT JONES III
AZURE SORRELLS
UNPERMITTED POLE SIGN
6. NEW BUSINESS
A. Request for Reduction of Fines
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
7. REPORTS-
8. COMMENTS
2006010288
SCOTT & DENISE WEIKEL
JEFF LETOURNEAU
MINUMUM HOUSING VIOLATIONS
9. NEXT MEETING DATE - November 6th, 2006
10. ADJOURN
October 16, 2006
1. CALL TO ORDER
A. The Meeting was called to order by Honorable Special Master Brenda Garretson at
8:55 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.
RECESS FOR STIPULATIONS: 9:00 A.M.
RECONVENED: 9:15 A.M.
2. APPROVAL OF MINUTES - October 6, 2006
The Minutes of the Special Master Hearing for October 6, 2006 were not posted. The Minutes
will be reviewed at the next Hearing on November 6, 2006.
3. MOTIONS
A. MOTION FOR CONTINUANCE
1. Case # DAS 11106 - BCC vs. Aimee Stephenson
This Hearing was requested by Domestic Animal Services.
The Respondent was not present.
The Special Master asked if there were any objections to the Motion. The County did not object.
The Motion was GRANTED, and this Case was continued to November 6, 2006. The
Respondent will receive wriUen notice.
2. Case # 2004100228 - BCC vs. David Crockett Jones III
This Hearing was requested by Code Enforcement Officer Azure Sorrells.
The Respondent was represented by Attorney Ray Bass.
The Special Master asked if there were any objections to the Motion. The County did not object.
The Motion was GRANTED, and this Case was continued to November 6, 2006. The
Respondent will receive written notice.
B. STIPULATIONS
3. Case # PU 167 - BCC vs. Rovce and Paiee Rippere
The Hearing was requested by the Public Utilities Department. Officer Ray Addison appeared on
behalf of Officer Gary Morrocco.
Respondent, Paige Rippere, was present.
Violation(s): 02-17, Sec. 5
Irrigation outside designated day or time.
2
October 16, 2006
An Oral Stipulation was agreed to by the Respondent.
Finding the notice ofhearing was properly served, Respondents are found GUILTY of the
alleged violation(s) and are ordered to comply with the water restrictions in the future.
Respondents are ordered to pay the Citationfee of$75.00 plus a processing fee of $5. 00.
Respondents are ordered to pay Operational Costs in the amount of $5 0.00 incurred by Code
Enforcement during the prosecution of this case on or before November 16,2006.
Total fees: $130.00
1. Case # 2006081194 - BCC vs. Arthur and Linda Kiesow
This Hearing was requested by Code Enforcement Investigator Renald Paul who was present.
The Respondents were not present at the Hearing, but had signed the Stipulation earlier.
Violation(s): 04-41, Section 4.05.03(A)
Vehicle parked on the front yard
A Stipulation was agreed to by the Respondents.
Finding the notice of hearing was properly served, Respondents are found GUILTY of the
alleged violation(s) and are ordered to remove any and all vehicles from the grass on or before
October 17,2006, or a fine of $50 per day will be imposedfor each day the violation remains
thereafter.
Respondents are ordered to pay Operational Costs in the amount of $11 0.92 incurred by Code
Enforcement during the prosecutioll of this case on or before November 16, 2006.
Respondents are to notifY the Investigator within 24 hours of a workday to concur the violation
has been abated.
2. Case # 20006081194 - BCC vs. Arthur and Linda Kiesow
This Hearing was requested by Code Enforcement Investigator Renald Paul who was present.
The Respondents were not present at the Hearing, but had signed the Stipulation earlier.
Violation(s): 04-41, Section 2.0 1.00(A)
Unlicensed/inoperable vehicle
A Stipulation was agreed to by the Respondents.
Finding the notice of hearing was properly served, Respondents are found GUILTY of the
alleged violation(s) and are ordered to obtain and affIX a current, valid license plate to any
vehicle not stored within the confines of a completely enclosed structure or to place the vehicle
in an enclosed structure on or before October 20,2006, or afine of $50 per day will be imposed
for each day the violation remains thereafter.
Respondents are ordered to pay Operational Costs in the amount of$11O.92 incurred by Code
Enforcement during the prosecution of this case on or before November 16,2006.
Respondents are to notifY the Investigator within 24 hours of a workday to concur the violation
has been abated.
4. Case # PU 135 - BCC vs. Melody Bales
The Hearing was requested by the Public Utilities Department by Officer Tonya Phillips who was
present.
The Respondent was present.
3
October 16,2006
Violation(s): 02-17, Sec. 5
Irrigation outside designated day or time
An Oral Stipulation was agreed to 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, the Respondent isfound GUILTY of the alleged
violation(s) and is ordered to pay the Operational Costs in the amount of $50.00 incurred by
Code Enforcement during the prosecution of this case on or before November 16,2006.
4. PUBLIC HEARINGS
2. Case # CO 4009 - BCC vs. Phyllis Anderson
The Hearing was requested by Code Enforcement Environmental Investigator Susan O'Farrell
who was present, as successor to Investigator Kevin Halesworth.
Helle Brimmekamp, sea turtle monitor, and Tom Brimmekamp appeared as witnesses for Code
Enforcement.
The Respondent was present and was represented by her husband.
Violation(s): 04-41
Illuminating lights past 9:00 PM during sea turtle nesting season
Mr. Anderson stated that he and his wife have lived at Barefoot Beach since 1994; their house is
just outside the gates of the park. Respondent introduced photographs which were entered into
evidence and labeled as Respondent's Composite Exhibits "A" and "B". It was his opinion that
his home was confused with his neighbor's residence since Mr. Anderson and his wife usually
retire between 9:00 and 9:30 PM on most evenings.
Investigator O'Farrell introduced the patrol log of Helle Brimmekamp into evidence as Collier
County Exhibit "C". The witness, Halle Brimmekamp, had no independent recollection to
support the evidence. Her husband, who is not a county employee, could testify only to the light
violation but not to an actual location or particular unit.
The Special Master determined that the County's evidence was not sufficient. Respondent was
found NOT GUILTY.
1. Case #CE 430 - BCC vs. Eueene Hartley
This Hearing was requested by Code Enforcement Officer Ron Martindale who was present.
The Respondent was not present.
Vio1ation(s): 80-47, Sec. 130-66
Unlawlful area - right of way
Officer Martindale initially issued this citation in February, 2005. Shirley Garcia, Secretary to
the Special Master, confirmed that the Respondent was aware of to day's Hearing because he had
recently requested such a hearing and had signed for the certified mail containing the notification
of this hearing.
The County's Exhibit "A," photograph, was entered into evidence, and the Respondent's letter
was admitted into evidence as Exhibit "B".
4
October 16, 2006
Finding the notice ofhearing was properly served, Respondent isfound GUILTY of the alleged
violation(s) and is ordered to pay afine of$30 on or before November 16,2006.
Respondent is ordered to pay Operational Costs in the amount of $50.00 incurred by Code
Enforcement during the prosecution of this case on or before November 16, 2006.
5. Case # 2006080097 - BCC vs. Denrique Bastien
The Hearing was requested by Code Enforcement Officer Joe Mucha who was present.
The Respondent was present.
Violation(s): 04-41, Sec. 2.0l.00(A)
Unlicensed vehicle
Address of violation: 5471 Carolina Avenue, Collier County
Finding the notice of hearing was properly served, and finding the violation did exist but was
CORRECTED prior to today's hearing, the Respondent isfound GUILTY of the alleged
violation(s) and is ordered to pay the Operational Costs in the amount of $132.45 incurred by
Code Enforcement during the prosecution of this case on or before November 16,2006.
6. Case # 2006080472- BCC vs. Jean Claude Martel
The Hearing was requested by Code Enforcement Officer Joe Mucha who was present.
Harry Worley was also sworn in as a witness for the County.
The Respondent was present.
Violation(s): 04-58, Sec. 6, Sub. 1,4,9, 11, 12B, C, I, L, 0, P, 19A, D and 20
Minimum housing violations
Address of violation: 3152 Karen Drive, Collier County
The Officer indicated that this was a repeat violation on the part of the Respondent. A number of
photographs were admitted into evidence as Collier County Composite Exhibit "A".
Finding the notice of hearing was properly served, Respondent isfound GUILTY of the alleged
violation(s) and is ordered to pay a civil penalty of $1,000 and is ordered to either repair the
mobile home or to remove it from the property on or before December 16, 2006, or a fine of
$500 per day will be imposed for each day the violation remains thereafter. The Special
Master further ordered that the Respondent is allowed until November 16, 2006 to decide
which course of action to take. At that time, if Respondent chooses to keep the structure, he
must contact a Collier County building inspector to assist in determining if the structure meets
current codes.
Respondent is ordered to pay Operational Costs in the amount of $132.45 incurred by Code
Enforcement during the prosecution of this case on or before December 16, 2006.
Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation
has been abated.
7. Case # 2006081112 - BCC vs. Jean Claude Martel
The Hearing was requested by Code Enforcement Officer Joe Mucha who was present.
The Respondent was present.
5
October 16,2006
Violation(s): 04-58, Sec. 6, Sub. 4, 5, l2B, P, 19A, B, C and 20
Minimum housing violations
Address of violation: 3176 Karen Drive, Collier County
The Officer indicated that this was a repeat violation on the part of the Respondent. A number of
photographs were admitted into evidence as Collier County Composite Exhibit "A".
Finding the notice ofhearing was properly served, Respondent isfound GUILTY of the alleged
violation(s) and is ordered to pay a civil penalty of $1,000 and to abate the bee infestation on or
before October 23,2006 or ajine of $500 per day will be imposedfor each day the violation
remains thereafter. Respondent is ordered to either repair the mobile home or to remove it
from the property on or before December 16, 2006, or a jine of $500 per day will be imposed
for each day the violation remains thereafter. The Special Master further ordered that the
County may abate the violation and charge back expenses to the Respondent.
Respondent is ordered to pay Operational Costs in the amount of$137.89 incurred by Code
Enforcement during the prosecution of this case on or before December 16,2006.
Respondent is to notify the Investigator within 24 hours of a workday to concur the violation
has been abated.
The Special Master noted that if the Respondent asks the County for an extension of time to
complete the repairs, the Respondent must first have completed a majority of the work. The
Special Master directed the County to take corrective action in the event that the Respondent does
not comply within the sixty-day period.
5. OLD BUSINESS
Case # 2005010315 - BCC vs. Fabian & Maria Sanchez-Luzardo
Ms. Shirley Garcia brought to the Special Master's attention that she had received a call from
Code Enforcement's customer service operator. Ms. Luzardo was involved in a traffic accident
and was unable to attend today's hearing.
Code Enforcement Investigator, Dennis Mazzone, agreed to place this case on the agenda of the
next hearing. The Special Master granted a CONTINUANCE until November 6, 2006.
PUBLIC HEARING - continued
9. Case # 2006060896 - BCC vs. Michael Micelli
The Hearing was requested by Code Enforcement Officer Heinz Box who was present.
The Respondent was not present but was represented by Pamela Pass, his administrative assistant,
who is serving as his authorized agent.
Violation(s): 04-41, Sec. 2.01.00(A)
Unlicensed/inoperable vehicle
Address of violation: 4560 Gulfstream Drive, Collier County
Officer Box presented photographs to the Special Master were entered into evidence as Collier
County Collective Exhibit "A".
6
October 16,2006
Finding the notice ofhearing was properly served, Respondent isfound GUILTY of the alleged
violation(s) and is ordered to pay a civil penalty of $1 00 on or before November 16, 2006, and
to either repair the vehicle and obtain a valid, current license plate or to remove the vehicle
from the property on or before October 19,2006, or afine of $50 per day will be imposedfor
each day the violation remains thereafter.
Respondent is ordered to pay Operational Costs in the amount of$150.81 incurred by Code
Enforcement during the prosecution of this case on or before November 16,2006.
Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation
has been abated.
6. NEW BUSINESS
A. Request for Reduction of Fines
1. Case # 2006010288 - BCC vs. Scott and Denise Weikel
The Hearing was requested by Code Enforcement Supervisor Jeff Letoruneau who was present.
The Respondents were not present, but were represented by Benjamin Brown, Esq., of Quarrels
and Brady.
Violation(s): 04-58, Sec. 6, Sub. 12P
Minimum housing violations
Mr. Brown pointed out that the total amount of accrued fines is $5,500, and the owners of the
property, who reside in Indiana, have not been able to personally inspect the repairs.
The Special Master noted that there may have been a break in the chain of communication.
Finding the notice of hearing was properly served, Respondents are found GUILTY of the
alleged violation(s) and are ordered to pay a fines in the amount of $2,500 on or about
November 30, 2006.
PUBLIC HEARING - continued
8. Case # 2006070944 - BCC vs. Robert Flick
The Hearing was requested by Code Enforcement Officer Joe Mucha who was present.
The Respondent was not present.
Violation(s): 04-41, Sec. 2.01.00(1)
Unlicensed vehicle
Address of violation: 5325 Carlton Street, Collier County
Finding the notice of hearing was properly served, Respondent isfound GUILTY of the alleged
violation(s) and is ordered to pay a civil penalty of $250 and to obtain and affIX a current, valid
license plate to any vehicle not stored within the confines of a completely enclosed structure or
to place the vehicle in an enclosed structure on or before October 19, 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$127.01 incurred by Code
Enforcement during the prosecution of this case on or before December 16, 2006.
Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation
has been abated.
7
October 16,2006
7. REPORTS - none
8. COMMENTS - none
9. NEXT HEARING DATE
November 6, 2006.
*****
There being no further business for the good of the County, the Hearing was adjourned by order of
the Special Master at 12:00 Noon.
COLLIER COUNTY SPECIAL MASTER
Special Master, Brenda Garretson
8