Spec Master Minutes 11/06/2006
November 6,2006
MINUTES OF THE MEETING OF THE COLLIER COUNTY
SPECIAL MASTER
Naples, Florida, November 6,2006
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 MAS TER: Honorable Brenda Garretson
COUNTY STAFF PRESENT: Shirley Garcia - Secretary to the Special Master
Dennis Mitchell- Code Enforcement Supervisor
Jeff Wright - Assistant County Attorney
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HEARING OF THE COLLIER COUNTY SPECIAL MASTER
AGENDA
Date: November 6th, 2006 8:30 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
VERBA nM 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
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES -October 6th & 16th, 2006
4. PUBLIC HEARINGS
A. MOTIONS
B. STlPULA TlONS:
C. HEARINGS
1. CASE NO:
OWNER:
OFFICER:
VIOLA nONS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
3. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
4. CASE NO:
OWNER:
OFFICER:
VIOLA nONS:
SO 133506
SCOTT ROTH
T. CORNELIUS
ORD. 130-66
UNLA WFUL AREA - DOUBLE P AREKRD
SO 152355
RENEE POOLE
C.J. DEUTSCH
ORD. 130-67
HANDICAPPED VIOLA nON
SO 137448
ALEXIS P ALOMEQUE
CANDACE HARMON
ORD. 130-67
HANDICAPPED VIOLATION
SO 149308
MA TUSCHKA ROCHESTER
MOTTLEY
ORD. 130-67
HANDICAPPED VIOLA nON
5. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
6. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
5. OLD BUSINESS -
FA 12004
SHARON THOEMKE
T. MULLEN
ORD.2004-48 SEC. 5-24
UNLICENSED VEHICLE
DAS 11106
AIMEE STEPHENSON
ANITA MARTINDALE
ORD. 14-36 SEe. A8
ALLOW DOG TO BARK/WHINE/HOWL
A. Request for Imposition of Fines/Liens:
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
3. CASE:
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
2006040080
RONALD HAAR JR.
E. YBACET A
2004-58 SEC 6 PARA 12N, 15
6. NEW BUSINESS
A. Request for Reduction of Fines
1. CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
2. CASE. NO:
OWNER:
OFFICER:
VIOLATIONS:
7. REPORTS
8. COMMENTS
2004100228 - (CON'T FROM 10-16-06)
DA VID CROCKETT JONES III
AZURE SORRELS
ORD. 2004-41 SEC'S 2.02.03, 10.02.06, 10.307.00
UNPERMITTED POLE SIGN
DAS 11002
GARY FITZGERALD
B. KUBICSEK
ORD. 14-36 PARA (2)
ALLOW DOG TO RUN AT LARGE
9. NEXT MEETING DATE - November 17th, 2006
10. ADJOURN
November 6, 2006
1. CALL TO ORDER
A. The Meeting was called to order by Honorable Special Master Brenda
Garretson at 8:54 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: 9:02 A.M.
RECONVENED: 9:18A.M.
2. APPROVAL OF AGENDA
Dennis Mitchell stated that the Respondent in Case Number SO 137448 (Item 3 - Public
Hearings) was present but that the Collier County Sheriff could not be present due to a family
emergency. The Respondent was advised that the case would be continued until the next
Hearing which is scheduled for November 17, 2006.
Mr. Mitchell corrected the violation for Case Number FA 12004 (Item 5) from "unlicensed
vehicle" to "false alarm."
The Special Master approved the agenda as amended.
APPROVAL OF MINUTES - October 6, 2006 and October 16,2006
The Minutes of the Special Master Hearing for October 6, 2006 and for October 16, 2006
were reviewed by the Special Master and approved as submitted.
3. MOTIONS
A. MOTION FOR CONTINUANCE - None
B. STIPULA TIONS - None
4. PUBLIC HEARINGS
1. SO 133506 - BCC vs. Scott Roth
The Hearing was requested by the Respondent who was present.
Collier County Deputy SheriffT. Cornelius was also present.
Violation(s): 130-66
Unlawful area - double parked
2
November 6, 2006
Deputy Cornelius stated that Mr. Roth was present but had been called to another courtroom.
He had requested ten (10) days in which to pay the fine of$30.00.
The Special Master determined that this case would be continued to a future docket in order
to allow the Respondent the time he requested to pay the fine. lfthe fine is not paid within
the ten-day period, the Code Enforcement Office will re-notice the Respondent, and the case
will be added to the next agenda. The Special Master noted that this case is not dismissed,
and the Respondent will be notified.
2. SO 152355 - BCC vs. Renee Poole
This Hearing was requested by the Respondent who was represented by her attorney, Susan
Harris.
Collier County Deputy Sheriff C. 1. Deutsch was not present.
Violation(s): 130-67
Handicapped violation
Mr. Mitchell stated that the Deputy Sheriff Deutsch was no longer employed by the Collier
County Sheriffs Office.
Respondent's attorney requested that the case be dismissed.
This case was DISMISSED by the Special Master. The Respondent will be notified.
4. SO 149308 - BCC vs. Matuschka Rochester
The Hearing was requested by the Respondent who was not present.
Collier County Deputy Sheriff Mottley was present.
Violation(s): 130-67
Handicapped violation
Address of violation: 315 East New Market Road, Collier County
Deputy Mottley verified that the handicapped parking area was properly signed, and the
space was defined by blue marking.
Finding the notice of hearing was properly served; Respondent is found GUlL TY of the
alleged violation(s) and is ordered to pay a fine of $250.00 on or before December 6, 2006.
The Respondent is also ordered to pay Operational Costs in the amount of $50.00 incurred
during the prosecution of this case on or before December 6,2006.
TOTAL FINE: $300.00
5. Case # FA 12004 - BCC vs. Sharon Thoemke
The Hearing was requested the Respondent who was present.
Collier County Deputy Sheriff Tina Mullen and Sgt. Mike Jones, Supervisor of the False
Alarm Bureau, were present.
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November 6, 2006
Violation(s): 2004 - 48, Sec. 5-24
False alarm
Sgt. Jones stated that the Respondent had received prior warnings on February 23,2006 and
on April 13, 2006 concerning previous false alarms. Since the August 11,2006 incident was
the third time a false alarm occurred at the Respondent's home, a citation was issued.
A copy of the February 23,2006 warning was admitted into evidence and marked as County
Exhibit "A" and a copy of the April 13, 2006 warning was admitted into evidence and
marked as County Exhibit "B".
Finding the notice of hearing was properly served; Respondent is found GUILTY of the
alleged violation(s) and is ordered to pay a civil penalty of $ 75. 00 on or before December 6,
2006.
Respondent is ordered to pay Operational Costs in the amount of $50.00 incurred during
the prosecution of this case on or before December 6,2006.
TOTAL FINE: $125.00
6. Case # DAS 11106 - BCC vs. Aimee Stephenson
The Hearing was requested by the Respondent who was present. Respondent's husband,
Richard, was also present.
Department of Animal Services Investigator Anita Martindale was present.
Mr. Fred Dietrich and Mr. Greg Zorn appeared as witnesses.
Violation(s): 14-36, Sec. A8
Allow dog to bark/whinelhowl
The witnesses testified that the dogs were usually let out into the Respondent's yard from
early in the morning (prior to 8:00 AM) to late at night. They stated that the dogs "bark at
anything that moves." They wanted relief from the noise so they could enjoy their
neighborhood in peace and quiet.
The Respondent stated that he owns the two Collies, not his wife, and that they are "outside"
dogs. He does let them out at approximately 6:30 AM and takes them in at 10:00 PM.
Finding the notice of hearing was properly served; Respondents are found GUILTY of the
alleged violation(s) and are ordered to pay a civil penalty of $1 00. 00 and citation fee of
$7.00 on or before December 6,2006. The Special Master ordered the Respondents to
explore options to curtail the barking by using a device such as a 'bark collar.' It was
suggested that the dogs should remain inside the Respondents' home until 9:00 AM, and
should be taken inside at 7:00 PM. The witnesses may contact Officer Martindale if the
noise has not been abated. The Special Master stated that further restrictions may be
imposed.
Respondents are ordered to pay Operational Costs in the amount of $50.00 incurred by
Code Enforcement during the prosecution of this case on or before December 6,2006.
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November 6, 2006
TOTAL FINE: $157.00
This case is CONTINUED to November 17,2006, and will be added to the agenda for that
Hearing.
5. OLD BUSINESS
A. Request for Imposition of FineslLiens:
1. Case # 2005010315 - BCC vs. Fabian & Maria Sanchez-Luzardo
This Hearing was requested by Code Enforcement Investigator Dennis Mazzone who was
present.
The Respondent was present.
Violation(s): House being constructed with no permits
Address of violation: 1195 47th Avenue NE, Collier County
Code Enforcement Investigator Dennis Mazzone stated that Respondents' fines amount to
$43,700 in addition to Operational Costs of$169.89. He stated that final inspections of the
septic and the driveway still need to be completed before a final Certificate of Occupancy
could be issued. Investigator Mazzone asked that the fines of$43,700 not be imposed at this
time and that an additional sixty days be allowed in order for the Respondent to obtain a
Certificate of Completion.
The Respondent stated that she and her husband had begun construction of the house together
but that he has passed away. She has financial problems, and lacks the ability to serve as
general contractor. She has re-applied three times for permits. She intends to finish building
the house.
The Special Master GRANTED the Respondent a 60-day extension to January 6, 2007, to
complete the work and to obtain a Certificate of Completion. The Special Master also
advised the Respondent that the fines would continue to accrue.
The Special Master ordered Code Enforcement to reset this case in 2007, and that the issue
of imposition offines and amount offines would be assessed at that time.
2. Case # 2004100228 - BCC vs. David Crockett Jones III
This Hearing was requested by Code Enforcement Investigator Azure Sorrels who was
present.
The Respondent was represented by his attorney, Ray Bass.
Violation(s): Un-permitted pole sign
Attorney Bass stated that the Respondent has made an application for a permit to remove the
sign and is waiting for approval. He pointed out that the Respondent has made a good faith
effort to comply with the ordinance and he requested that the case be continued for sixty days
in order to obtain the approved permit and remove the sign.
5
November 6, 2006
The Special Master GRANTED the request for a continuance of sixty days to January 6,
2007. Any motions to be filed in this matter should be filed no later than 15 days prior to
the hearing to be scheduled in 2007. At that time, the matter of the fines will be reviewed.
This ruling also applies to the Respondent's request for reduction offines as found on the
agenda, item #1, New Business.
6. NEW BUSINESS
A. Request for Reduction of Fines
2. Case # DAS 11002 - BCC vs. Garv Fitzl!erald
This Hearing was requested by the Respondent who was present.
Domestic Animal Services officer B. Kubicsek was present.
Violation(s): 14-36, (2)
Allow dog to run at large
The Respondent stated that he has moved to a new address, and has installed an electric fence
at that location.
The requestfor a reduction offines was GRANTED by the Special Master. Thefine has
been reduced to $500, and the Respondent is ordered to also pay a Citation fee of $14.00
for both citations, and Operational Costs of $1 00. 00 for a totalfine of $614. 00. The
Respondent shall have thirty days, on or before December 6, 2006, to pay this fine.
OLD BUSINESS (Item #5A Continued)
3. Case # 2006040080 - BCC vs. Ronald Haar. Jr.
This Hearing was requested by Code Enforcement Investigator Ed Ybaceta.
The Respondent was not present.
Violation(s): Pool enclosure damaged and pool with green algae water
The County has requested an imposition in the amount of $21 ,600 (from July 21, 2006 to
November 6,2006), plus Operational Costs of$133.76. The fines are continuing to accrue
daily because the pool is not in compliance.
The notice of this hearing was sent via certified mail. Investigator Ybaceta met with the new
owners of the property and advised them of this situation.
The requestfor an imposition offines in the amount of $21, 733. 76 is GRANTED and the
County is authorized to file a lien against this property.
7. REPORTS - none
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November 6, 2006
8. COMMENTS - none
9. NEXT HEARING DATE
November 17,2006.
*****
There being no further business for the good of the County, the Hearing was adjourned by
order of the Special Master at 11 :20 A.M.
COLLIER COUNTY SPECIAL MASTER
Special Master, Brenda Garretson
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