Respondent's Exhibit 6tu Report Title: Code Case Details
Date: 512912020 1:43:49 PM Case Number: CELU20200000904
Case Number:cELU20200000904
Case Type:Land Use
Priority:Normal
lnspector:JohnFuentes
Collier County Code Enforcement
Origin Elected Official
Detail Description Fogg's Nursery: lncreased in the amount of drilling, crushing of stone and materials at the
Foggs property. There is constant beeping /backup noise from the equipment. The work is
preformed daily, starting as early as 615 AM and continues throughout the day til approximately
6PM. The loud noise is emanated throughout the area and is a nuisance to the new
homeowners in this neighborhood. Could someone please check permits and compliance to
see if this propefi is zoned for this type of activity?
Location Comments:10270lmmokalee Rd.
Status:Open
Date & Time Entered:112412020 3:52:12PM
Entered By:perezcristina
Case Disposition:Case Pending
Address 10270 Immokalee RD, Naples
Property 190600006
Property ownerl roGGS INVESTMENTS LLC
EXHIBIT
VBusiness [Vlanagement & Budget Office ag ng 1
Jurisdiction:
trEEIEETE!
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Code Case Details Execution Date 512912020 1 :43:49 PtV
Desc Assigned Required Completed Outcome Comments
Verify Complainant JohnFuentes 1t24t2020 1t27t2020 Not
Required
311 webcomplaint.
CE Case Research JohnFuentes 1t27t2020 1t27t2020 Complete 112712020 Case research conducted. One
previous code case in 2019 for lllegal land
use but no notice of violation was issued.
JF#30
lnitial lnspection JohnFuentes 1t27t2020 1t27t2020 lncomplete 112412020 On site drove through La Morada
to see if violation could be observed. While on
site i did observe the violation of heavy
machinery crushing/ carrying and relocating
gravel and could hear loud pounding/ work
from a distanct. All this was observe/ heard
while on La Morada.
112412020 Conducted site visit to Foggs
Mulch after getting approval from Supervisor
Cristina Perez to issue a stop work order.
While on site i met with owner Stanly Foggs
(239) 352-8181 . I discussed with him the
violation and how recycling gravel or having
loads of it being brought in by another
company is a violation. Stanly disagreed and
stated that he is zoned for such work. Cristina
Perez spoke to Zoning where she was notified
that regardless of the zoning area there are
still restictions for work liike this being
conducted. I placed a stop work order on a
pproperty door. Photos taken and added to
case. A determination will be held with
Zoning. JF30
Attach Picture(s)JohnFuentes 1t27t2020 1t27t2020 Complete FuentesJohn 0112712020 2:33 PM
CE Staff Review JohnFuentes 1t27t2020 1t27t2020 Complete Requesting documents from records for
determination. Records 99-26 and 2007-AR-
11874
CE Staff Review JohnFuentes 1t31t2020 1t31t2020 Complete 113112020 Received SDP and permit records
from records department. Conducted review
with Cristina Perez. Records dont indicated
anything in regards to recycling or crushing of
gravel work. JF30
CE Staff Review JohnFuentes 1t31t2020 1t31t2020 Complete 113112020 t\Iet with Ray Bellows for
determination. Fogs Nursery was given an
excavation condition for grading only. lt was
determined that the work/recycling being
conducted is not a conditional use on this
commercial site. ln order for the conditional
use to be in affect it would require a public
hearing which has not been conducted. JF#30
CE Meeting JohnFuentes 1t31t2020 1t31t2020 Complete 2PM meeting conducted with George Tirone
to assist in taking photos or Foggs Nursery.
JF#30
Business Management & Budget Office tsuuu v Foggs spectat Magrstrate Hearing 0852
Code Case Details Execution Date 512912020 1:43:49 PM
Desc Assigned Required Completed Comments
lnitial lnspection Follow-up JohnFuentes 2t5t2020 2/5t2020 lncomplete 21512020 t hour meeting conducted at the
Code conference room with Cristina Perez,
Ray Bellows, Stan Foggs and His attorney
Colleen regarding the allowed work on
property. Case will be futher reviewed and a
site inspection will be scheduled for Ray and
myself to see the property in 2 weeks. JF30
lnitial lnspection Follow-up 2t19t2020 2t19t2020 lncomplete 211912020 Senl an email to Cristina Perez
requesting to set up a scheduled site visit to
Foggs with Ray Bellows. JF#30
CE Staff Review perezcristina 2t28t2020 3t5t2020 Complete Cristina can you please check with Ray to see
when we can set up that site visit for Foggs.
lvleeting has been scheduled for Tuesday
l\4arch 10 at 1oam on site with owner and
zoning manager. CP79
lnitial lnspection Follow-up JohnFuentes 2t28t2020 2t28t2020 lncomplete 212812020 Havent heard from Ray Bellows
regarding a site visit. Unable to condyct a
proper determination without Zoning. Will
request that Cristina Perez checks in on this
J F3O
lnitial lnspection Follow-up JohnFuentes 3t10t2020 3t10t2020 lncomplete 3/10/2020 On site with Stand and Colleen.
Recorded a video of the property and a photo
Will discuss with Cristina Perez. JF30
Update Picture(s)JohnFuentes 3t10t2020 3t10t2020 Complete
Attach Picture(s)JohnFuentes 3t19t2020 3t19t2020 Complete FuentesJohn 0311912O2O 4:08 PM
lnitial lnspection Follow-up JohnFuentes 3t26t2020 3t19t2020 lncomplete 311912020 On site observed the heavy
machinery lifting and relocating what seems
to be like mulch or dirt. Did not witness
crushing. Cristina Perez did receive a
compaint that crushing was being conducted
Will continue to monitor. JF#30
lnitial lnspection Follow-up JohnFuentes 4116t2020 4t16t2020 lncomplete 411612020 Wailing to hear from zoning
manager Ray Bellows. Will update case when
notified. JF30
lnitial lnspection Follow-up JohnFuentes 4129t2020 4t29t2020 lncomplete 412912020 Have no heard a response from
Ray Bellows. Will add a CE staff review for
Cristina Perez. JF30
CE Staff Review JohnFuentes 5t7 t2020 5t7 t2020 Complete 51712020 On site observed the loader
dumping material into a grinder and it being
processed. JF30
CE Phone Call JohnFuentes 5t11t2020 5t11t2020 Complete 511112020 Received call from Complainant
John in regards to the noise and the violation
on going at 7:45 Am. Will head over to
conduct visit. JF30
Record Violations JohnFuentes 5t11t2020 5t11t2020 Complete FuentesJohn 0511112020 9:57 AM
Generate Notice of Violation JohnFuentes 5t11t2020 5t11t2020 Complete FuentesJohn Osh112020 12:04 PM
Attach Picture(s)JohnFuentes 5t11t2020 5t11t2020 Complete
CE Staff Review JohnFuentes 5t11t2020 5t11t2020 Complete 51112020 Duting inspection it took 3 hours to
resolve and post a notice.JF30
Personal Service Attempt JohnFuentes 5t11t2020 5t11t2020 lncomplete FuentesJohn 05h112020 12:04 PM
Post Courthouse JohnFuentes 5t11t2020 5t11t2020 Complete FuentesJohn 05/1 1/2020 12:34 PM
Business Management & Budget Office tsOCC v l-oggs Speclal Maglstrate Hearlng UUti 3
Outcome
JohnFuentes
FuentesJohn 03/10/2020 11.23 AM
Code Case Details Execution Dale 512912020 1 :43:49 PM
Desc Assigned Gompleted Outcome Comments
Post Property JohnFuentes 5t1112020 5t11t2020 Complete FuentesJohn 0511112020 12:04 PM
Attach Picture(s)JohnFuentes 5t11t2020 5t11t2020 Complete FuentesJohn 0511 1 12020 1 2:35 PM
Not Applicable KimberlyBran
des
5t12t2020 5t13t2020 Not
Required
NOV to mail Reg/Cert./KB (Hold off on mailing
right Now)./KB lnvestigator got NOV Signed.
Mailing not needed at this time./KB
CE Phone Call JohnFuentes 5t13t2020 5t15t2020 Complete 5115120201 advised Colleen that the stop
work order was still in place. Her response
was that i had no legal right to do so because
there was no health or safety concern. I
explained to that the concern for safety was
the fact that there are piles of gravel
exceeding 50 feet in height and can cause
damage to the neighboring properties.
Colleen response was that those who bought
those properties should have done their
research before purchasing a home of the
surrounding areas.
CE Phone Call JohnFuentes 5t13t2020 5t13t2020 Complete 511312020 Received call from Colleen
Mcalster 239 272 2594 that lasted for several
minutes. During this Call Colleen requested
information regarding the complainants
Name, number and addresses. lnformation
was not provided and I informed Colleen that
she would need to reach out to our
department. Colleen also stated that she
would be unable to meet with Ray Bellows
and myself before May 26th,2020.1 advised
Colleen that i would need to get with Cristina
Perez and see if this date works.
Colleen Also inquired about one prior case
that was opened due to Foggs Employee's
utilizing a vacant lot which was closed. When i
informed her of this case and how some of
Foggs piles have passed the into the vacant
lot damaging the soil and vegetation she
threaten to have my license revoked for not
having knowledge on boundary lines and
harassing her client. I informed Colleen that at
no point did i harass Fogg or even inform him
of this case. Colleen also stated that i would
no longer be allowed to enter the property. As
of now no trespass has been issued. JF30
Business Management & Budget Office BOCC v Foggs Special Magistrate Hearing 0874
Required
Code Case Details Execution Date 512912020 1 :43:49 PM
Desc Assigned Required Completed Outcome Comments
Re-lnspection JohnFuentes 5t15t2020 5t15t2020 Non-
Compliant
sto\lI512020 On site Met with Jack MCKenna
and Ray Bellows for about 2 hours from 8:30
to 10:20AM. We walked the property
boundary and observed what was determined
as a safety/health concern and a zoning
violation. According to Jack he determined
that the piles kept on site resembled stone
that has been processed and crushed. He
also noticed the equipment on site that would
allow this time of work. Jack states that the
piles on site are considered unsafe for those
around him and that no barrier has been
placed to prevent childeren from heading into
the processing site.
Ray Bellows observed the site and
determined that a conditional use is needed
and that he is currently receiving material
from a outsourced company, crushing it and
shipping it out again. Ray also mentioned that
at this point the Nursery does not resemble a
mulch nursery at all and has now been
developed into a stone processing site. JF30
CE Staff Review perezcristina 5t15t2020 Pending Determination information and updated
photos were resent to Zoning Manager on
4t30.
CE Meeting JohnFuentes 5t15t2020 5t15t2020 Complete 511512020 Waiting on site at La Morada to
meet with Jack and Ray Bellows. JF30
CE Phone Call JohnFuentes 5t15t2020 5t15t2020 Complete 511512020 Received phone call from Stand
Foggs today while on another Line with
Cristina Perez. Stan wants all calls to be
directed to his attorney and no site visits.
JF3O
lnitial lnspection Follow-up JohnFuentes 5t18t2020 5t7t2020 lncomplete 51712020 Another complaint came in for
pounding noises through a gentlemen named
Jim. On site from 2.12- 4:00 Pm and made
contact with Jim. As of now no violation is
observed or heard. Will conduct a morning
inspection. Jim # is 7178818437
Business N/anagement & Budget Office BUL;U v Foggs Spectal Maglstrate Hearing 088 5
Code Case Details Execution Date 512912020 1:43:49 Pt\4
Desc Assigned Outcome
lnitial lnspection Follow-up JohnFuentes 5t21t2020 5t11t2020 Violation(s)
Found
511112020 On site and observed stone being
processed again. Loud noises and vibrations
could be felt. Notified Cristina Perez in which
she approved that a notice of violation should
be issued. A notice of violation will be issued.
Under CE staff review is an Email from Ray
Bellows detailing the violation. JF#30
The 2011 violation determination still applies if
the property owner continues to accept the
horticultural material on-site by independent
lawn care business for recycling. This activity
requires a CU as well as for any rock/stone
and concrete crushing as part of a recycling
operation. I also support the 2011
determination that offered an option to limit
the accessory on-site mulching to 20 percent
of the wholesale nursery property can be
utilized for the accessory composting
operation. The property owner also indicates
that he sells the recycled lawn waste compost
soil product to the public. lf he is operating a
retail business, then he needs to obtain CU
#21 for a retail plant nursery.
CE Phone Call JohnFuentes 5t27t2020 5t27t2020 Complete 512712020 Attempted to contact Colleen
Foggs attorney at 239 272 5294 to discuss
the notice of violation. No response. Left
voicemail.
CE Staff Review llianaBurgos 5t28t2020 5t28t2020 Complete Correspondence attached to case from Law
Offices of Colleen J MacAlister, PA. - lB
Re-lnspection JohnFuentes 6t1t2020 Pending
Land Use - Generally
Status
NOV lssued
Entered
5t11t2020 $o
Comments
The 2011 violation determination still applies
if the property owner continues to accept the
horticultural material on-site by independent
lawn care business for recycling. This activity
requires a CU as well as for any rock/stone
and concrete crushing as part of a recycling
operation. I also support the 2011
determination that offered an option to limit
the accessory on-site mulching to 20 percent
of the wholesale nursery property can be
utilized for the accessory composting
operation. The property owner also indicates
that he sells the recycled lawn waste compost
soil product to the public. lf he is operating a
retail business, then he needs to obtain CU
#21 for a retail plant nursery.
Prohibited Use NOV lssued 5t11t2020 $0
Business lVlanagement & Budget Office tsUUU v Foggs Upeclal Maglstrate Hearlng U69 6
Condition
Required Gompleted Comments
Violation Description Gorrected Amount
Title Reason Result Gompliance Fine/Day