CESM Minutes 09/04/2020 September 4, 2020
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MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, September 4, 2020
LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted business
herein, met on this date at 9:00 AM in REGULAR SESSION in Admini strative Building “F,” 3rd
floor, Collier County Government Complex, Naples, Florida, with the following persons present:
SPECIAL MAGISTRATE: Honorable Brenda C. Garretson
ALSO PRESENT: Michael Ossorio, Code Enforcement D irector
Jeff Letourneau, Manager of Inspectors
Elena Gonzalez, Code Enforcement Specialist
Helen Buchillon, Code Enforcement Specialist
September 4, 2020
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Any person who decides to appeal a decision of the Special Magistrate 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 Special Magistrate shall be responsible for providing this record.
I. CALL TO ORDER-SPECIAL MAGISTRATE BRENDA GARRETSON PRESIDING
The Honorable Special Magistrate Brenda C. Garretson called the Hearing to order at 9:00 A.M. All those
testifying at the proceeding did so under oath.
Prior to conducting the Hearing, Respondents were given an opportunity to speak with their Investigating
Officers for a Resolution by Stipulation. The goal is to obtain compliance without being punitive.
II. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
III. APPROVAL OF AGENDA
Elena Gonzalez, Code Enforcement Specialist noted the following changes (listed below as Agenda item
numbers):
Under Item V.B – Motion for Extension of Time, the following case was withdrawn:
• 1. CASE NO: CEPM20190013727 - Kristopher E. Umpenhour and Sheila Umpenhour
Under Item VII.A – Hearings, the following cases were moved to VI – Stipulations:
• 20. CASE NO: CELU20200005636 - Jeffery D McDonald and Kathleen S McDonald
• 21. CASE NO: CENA20200001535 - Richard A Hughes and Virginia E Hughes
• 6. CASE NO: CES20200003887 - ML LAND LLC
• 16. CASE NO: CEPM20200005469 - Douglas J Lavery, Elizabeth A Lavery Trust EST, UTD
09/10/04
• 17. CASE NO: CESD20180013977 - CRYSTAL LAKE PROPERTY OWNERS ASSOCIATION,
TWO INC.
• 9. CASE NO: CEV20200005707 - Jeffery M Stone and Kelsey Edwards
• 10. CASE NO: CENA20200005709 - Jeffery M Stone and Kelsey Edwards
Under Item VII.A – Hearings, the following cases were withdrawn:
• 3. CASE NO: CEV20190014770 - George R Rusnack, Jennifer Lynn Everwine and Ronald
Everwine Jr.
• 4. CASE NO: CENA20200000529 - Yverlande Cadet
• 5. CASE NO: CEPM20200002714 - Wolfgang Hutzenlaub
• 7. CASE NO: CEV20200005379 - Concepcion Soto
• 8. CASE NO: CENA20200006324 - Steven J Stilton EST
• 11.CASE NO: CEPM20200006119 - Sheila D Gebhart
• 12.CASE NO: CEPM20200004616 - John M McCarthy and Catherine M McCarthy
• 13.CASE NO: CEV20190014940 - Louvens Bilzon
• 14.CASE NO: CESD20190011112 - Erikson Jean and Alex Jean
• 15.CASE NO: CEPM20200005431 - HANAPEPE LLC
• 18.CASE NO: CEPM20200006337 - Donald A McInnis EST, c/o Sarah E Brown P.R.
• 19.CASE NO: CENA20200006335 - Donald A McInnis EST, c/o Sarah E Brown P.R.
• 22. CASE NO: CENA20190008728 - Gary W Stumbo and Donna L Stumbo
September 4, 2020
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• 23. CASE NO: CEV20190014180 - Nikita Ma Martin
• 24. CASE NO: CENA20190008448 - BAKER PROPERTIES & INVESTMENT
• 25. CASE NO: CEPM20200001091 - Leonard R Kane
• 26. CASE NO: CEPM20190011306 - Salvatore J Mannino and Jacqueline A. Mannino
• 29. CASE NO: CEV20200002736 - Jose Soledad Soto and Guillermo Soto Arteaga
• 30. CASE NO: CELU20200004582 - Daniel Torres and Jocie-Mae L Beebe
• 31. CASE NO: CEEX20200007577-DAS V20-006826 - POOCHES OF NAPLES
Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn:
• 5. CASE NO: CEPM20180012850 - Kathleen A McGrath
Special Magistrate Garretson approved the Agenda as modified
IV. APPROVAL OF MINUTES
The minutes of the August 7, 2020 hearing were reviewed by Special Magistrate Garretson and approved
as submitted.
V. MOTIONS
A. MOTION FOR CONTINUANCE
None
B. MOTION FOR EXTENSION OF TIME
None
VI. STIPULATIONS
20. CASE NO: CELU20200005636
OWNER: Jeffery D McDonald and Kathleen S McDonald
OFFICER: Daniel Hamilton
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 1.04.01(A). Storage/large containers on unimproved property.
FOLIO NO: 46273160100
PROPERTY ADDRESS: No Site Address, Goodland, FL 34140
Officer Hamilton requested the hearing.
The Stipulation was entered into by Jeffery McDonald on August 31, 2020.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of this case by
October 4, 2020.
2. Remove storage containers from unimproved property or obtain approvals and/or building permits
from Collier County which would allow for such use by November 4, 2020 or a fine of $200.00 per
day will be imposed until the violation is abated.
3. Notify 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 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.
Total Amount Due: $111.65
September 4, 2020
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21. CASE NO: CENA20200001535
OWNER: Richard A Hughes and Virginia E Hughes
OFFICER: Daniel Hamilton
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03 and
Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-
181. Prohibited outdoor storage/accumulation of litter consisting of, but not limited
to, wood, plastics, appliances, tires, metal and furniture.
FOLIO NO: 766840009
PROPERTY ADDRESS: 15041 Oak Tree DR, Naples, FL 34114
Officer Hamilton requested the hearing.
The Stipulation was entered into by Virginia Hughes on August 31, 2020.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
October 4, 2020.
2. Remove all unauthorized accumulation of litter not permitted for outdoor storage from the
property to a site designated for such use or store items in a completely enclosed structure by
November 4, 2020 or a fine of $100.00 per day will be imposed until the violation is abated.
3. Notify 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 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.
Said stipulation subject to Ms. Hughes providing a statement she is not aware of any documents for
transfer of the property she acquired with her husband in Joint Tenancy with Rights of Survivorship.
Total Amount Due: $111.70
6. CASE NO: CES20200003887
OWNER: ML LAND LLC
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 5.06.06(A)(8).
Multiple prohibited signs (flutter flags/wind signs) in the right of way.
FOLIO NO: 418400700
PROPERTY ADDRESS: 3713 Milano Lakes CIR, Naples, FL 34114
Officer Cathey requested the hearing.
The Stipulation was entered into by David Torres on August 24, 2020.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation at the time the
Notice of Violation was issued and ordered them to pay Operational Costs in the amount of $111.65
incurred in the prosecution of this case by October 4, 2020.
16. CASE NO: CEPM20200005469
OWNER: Douglas J Lavery, Elizabeth A Lavery Trust EST, UTD 09/10/04
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-
228(1), 22-231(12)(b), 22-231(12)(c), 22-231(12)(i), 22-231(12)(p) and 22-242.
Single family dwelling in deplorable conditions with broken windows, roof damage,
September 4, 2020
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exterior and interior wall damage, unsecured, graffiti and other general maintenance
issues.
FOLIO NO: 37985080008
PROPERTY ADDRESS: 3481 11th Ave SW, Naples, FL 34117
Officer Connetta requested the hearing.
The Stipulation was entered into by Douglas Lavery on September 1, 2020.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $111.90 incurred in the prosecution of this case by
October 4, 2020.
2. Obtain all required Collier County Building Permit(s) or Demolition Permit, Inspections and
Certificate of Completion/Occupancy required to bring the property into compliance with the
requirements of the Collier County Property Maintenance Code by January 4, 2021 or a fine of
$250.00 per day will be imposed until the violation is abated.
3. Alternatively, if a Boarding Certificate is obtained and the structure is boarded by September 11,
2020, then the time required to complete the repairs, inspections and Certificate of
Completion/Occupancy will be extended to March 4, 2021 or a fine of $250.00 per day will be
imposed for each day the violation remains thereafter.
4. Notify 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 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.
Total Amount Due: $111.90
17. CASE NO: CESD20180013977
OWNER: CRYSTAL LAKE PROPERTY OWNERS ASSOCIATION, TWO INC
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06
(B)(1)(a). Two (2) unpermitted huts with electrical.
FOLIO NO: 29582511506
PROPERTY ADDRESS: 14960 Collier Blvd, Naples, FL 34119
Supervisor Perez requested the hearing.
The Stipulation was entered into by the Respondent’s representative Dominic Apperti on September 2,
2020.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
October 4, 2020.
2. Obtain all required Collier County Building Permits, Demolition Permits, Inspections and
Certificate of Completion/Occupancy for the unpermitted huts with electrical improvements by
December 4, 2020 or a fine of $100.00 per day will be imposed until the violation is abated.
3. Notify 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 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.
Total Amount Due: $111.70
September 4, 2020
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9. CASE NO: CEV20200005707
OWNER: Jeffery M Stone and Kelsey Edwards
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-
95 and Collier County Land Development Code 04-41, as amended, Section
4.05.03(A). Unlicensed/inoperable vehicle(s) on the property and vehicle(s)
parked on the grass.
FOLIO NO: 68341720007
PROPERTY ADDRESS: 46 Moon Bay St, Naples, FL 34114
Officer Musse requested the hearing.
The Stipulation was subject to letter from Kelsey Edwards indicating she agrees with the stipulations
and entered into by Jeffrey Stone on September 3, 2020.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of this case by
October 4, 2020.
2. Obtain and affix a valid license plate to each vehicle not stored in the confines of a completely
enclosed structure, or store said vehicles within a completely enclosed structure and/or repair
defects so vehicle is immediately operable or remove vehicles from residentially zoned property by
October 4, 2020 or a fine of $50.00 per day will be imposed until the violation is abated.
3. Remove the vehicle parked on the front grass to a stabilized subsurface base or plastic grid
stabilization covered by surface areas made of concrete, crushed stone, crushed shell, asphalt,
pavers or turf grass parking systems specifically designated for automobiles not to exceed 40% of
the front yard for parking by October 4, 2020 or a fine of $50.00 per day will be imposed until the
violation is abated.
4. Notify 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 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.
Total Amount Due: $111.65
10. CASE NO: CENA20200005709
OWNER: Jeffery M Stone and Kelsey Edwards
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-
185(a). Weeds that exceed 18 inches in height.
FOLIO NO: 68341720007
PROPERTY ADDRESS: 46 Moon Bay St, Naples, FL 34114
Officer Musse requested the hearing.
The Stipulation was subject to letter from Kelsey Edwards indicating she agrees with the stipulations
and entered into by Jeffrey Stone on September 3, 2020.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered
to:
1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of this case by
October 4, 2020.
September 4, 2020
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2. Must mow, or cause to mow all weeds, grass or other similar unprotected overgrowth in excess of
18 inches in height on this lot. Must mow to a height of less than 6 inches by September 18, 2020
or a fine of $50.00 per day will be imposed until the violation is abated.
3. Notify 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 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.
Total Amount Due: $111.65
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
2. CASE NO: CEPM20180003726
OWNER: Carlos Miguel
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-
231(12)(c). Roof in disrepair.
FOLIO NO: 52399800008
PROPERTY ADDRESS: 145 Capri Blvd, Naples, FL 34113
Supervisor Short presented the case noting the violation has been abated by the Respondent.
Mr. Miguel and his contractor Martin Mejurga were present.
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and Liens.
Break: 10:40 a.m.
Reconvened: 11:12 a.m.
VII. PUBLIC HEARINGS
A. HEARINGS
2. CASE NO: CEEX20200005906-PU6205
OWNER: BR CARROLL NAPLES LLC
OFFICER: Jose Quintero
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 118, Article III, Section
118-64. Observed a large amount of bulk trash consisting of, but not limited to, a
dishwasher, sofas, recliners, furniture, pieces of wood, broken down cabinets,
counter tops and trash bags. Recurring violation.
FOLIO NO: 255360003
PROPERTY ADDRESS: 5395 Grand Cypress CIR, Naples, FL 34109
Date of Hearing Notice by Certified Mail: 8/14/20 Officer Quintero and Supervisor Tom Keegan presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 12 photos of the violation
Officer Quintero reported the property has been the subject of 6 violations in the past but all have
been abated. He recommended a civil penalty be imposed for the repeat offenses.
September 4, 2020
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Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent
GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs Associated with the case in the amount of $50.00.
2. Pay a $5.00 Administrative Fee.
3. Pay a Fine of $500.00.
Said costs of $555.00 due by October 4, 2020.
27. CASE NO: CEPM20200006163
OWNER: SIERRA MEADOWS PROPERTY INC
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-
240(2)(a). Potholes in the road.
FOLIO NO: 73620100029
PROPERTY ADDRESS: 7010 Sierra Club CIR, Naples, FL 34113
Date of Hearing Notice by Certified Mail: 8/17/20
Date of Hearing Notice Property/Courthouse Posting: 8/18/20 Investigator Cathey presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 3/7/18
Composite Exhibit B: 2 photos dated 7/5/18
Exhibit C: 1 aerial photo of the property
The violation remains as of September 4, 2020.
Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent
GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of the case by
October 4, 2020.
2. Paying a Civil Penalty of $100.00 for the first repeat offense of the Ordinance as noted in the
Notice of Violation.
3. Repair all potholes in the road by September 11, 2020 or a fine of $250.00 per day the
violation remains unabated.
4. Notify 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 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.
Total Amount Due: $111.65
28. CASE NO: CELU20200002378
OWNER: Belot S Branchedor and Maritane Branchedor-Dumel
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-
181 and Collier County Land Development Code 04-41, as amended, Section
2.02.03. Litter/prohibited outside storage including, but not limited to, buckets,
paint cans, wood, cardboard, wire and other household items.
FOLIO NO: 25967800920
September 4, 2020
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PROPERTY ADDRESS: 14676 Apalachee St, Naples, FL 34114
Date of Hearing Notice by Certified Mail: 8/14/20
Date of Hearing Notice Property/Courthouse Posting: 8/17/20
Officer Cathey represented the County.
The Respondent was not present.
Evidence Entered: Exhibit A: 1 aerial photo of the property
Composite Exhibit B: 2 photos dated 3/2/20
Exhibit C: 1 photo dated 9/3/20
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation at the time the
Notice of Violation was issued and ordered them to pay Operational Costs in the amount of $111.65
incurred in the prosecution of this case by October 4, 2020.
VIII. NEW BUSINESS (Continued)
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CESD20160009174
OWNER: William J Teute
OFFICER: John Johnson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-
231(12)(c) and Collier County Land Development Code 04-41, as amended,
Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Multiple shingles and roofing
tiles missing.
FOLIO NO: 67285560007
PROPERTY ADDRESS: 549 Ridge DR, Naples, FL 34108
Date of Hearing Notice by Certified Mail: 8/14/20
Date of Hearing Notice Property/Courthouse Posting: 8/13/20
Supervisor Short presented the case noting the violation has been abated by the Respondent.
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and Liens.
3. CASE NO: CENA20190000816
OWNER: Troy Broitzman and Quenby A Broitzman
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-
181 and Collier County Land Development Code 04-41, as amended, several
piles of pallets and tile, construction materials and equipment on a vacant lot.
FOLIO NO: 748880003
PROPERTY ADDRESS: 2375 Marete DR, Naples, FL 34114
Date of Hearing Notice by Certified Mail: 8/14/20
Date of Hearing Notice Property/Courthouse Posting: 8/17/20
Officer Cathey presented the case noting the violation has been abated by the Respondent.
September 4, 2020
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Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and Liens.
4. CASE NO: CEPM20190011873
OWNER: Nicholas Ballo
OFFICER: Arthur Ford
VIOLATIONS: Florida Building Code, Sixth Edition (2017), Building, Chapter 4, Section
454.2.17 and Collier County Land Development Code 04-41, as amended, Section
5.03.02(F)(3). An outdoor swimming pool without any permanent protective
barrier and a damaged six-foot (6’) fence, missing panels in the rear of the
property.
FOLIO NO: 62411280004
PROPERTY ADDRESS: 807 108th Ave N, Naples, FL 34108
Date of Hearing Notice by Certified Mail: 8/14/20
Date of Hearing Notice Property/Courthouse Posting: 8/13/20
The Respondents were not present.
Supervisor Short presented the case noting the violation has not been abated.
Special Magistrate Order: 1/3/20
Fine Amount: $150.00/day
Duration: 214 days
Total Fine Amount: $32,100.00
Unpaid Operational Costs: $223.50
Total to Date: $32,323.50
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County’s Motion for Imposition of Fines for a total amount due of $32,323.50 with fines
continuing to accrue. Said amount to become a lien on the property.
Break: 11:55 a.m.
Reconvened: 12:07 p.m.
IX. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
1. CASE NO: CEPM20180012850
OWNER: Kathleen McGrath
OFFICER: Tony Asaro
VIOLATIONS: Florida Building Code , 6th Edition (2017), Building, Chapter 4, Section 454.2.17
and Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a).Damaged/missing residential swimming pool barrier.
FOLIO NO: 69145008005
PROPERTY ADDRESS: 10161 Regent CIR, Naples, FL 34109
Staff reported there was a scrivener’s error in the Order regarding the amount of the fines to be
imposed if the violation was not abated.
Special Magistrate Garretson GRANTED the County’s Motion to Amend a Previously Issued
Order.
September 4, 2020
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B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
X. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS ON
CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
Special Magistrate Garretson reviewed the cases cited in the Executive Summary and GRANTED the
County’s Request.
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED IN
SUBMITTED EXECUTIVE SUMMARY.
None Submitted
C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATIONS LIENS ON CASES
REFERNCED IN SUBMITTED EXECUTIVE SUMMARY
XI. REPORTS
None
VIII. PUBLIC HEARINGS (Continued)
A. HEARINGS
32. CASE NO: CEEX20200008462-DAS V20-006867
OWNER: Emmanuel Baptiste
OFFICER: Emmanuel Valdes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
33(2). Failure to vaccinate dog (“Nina”); third offense.
FOLIO NO:
PROPERTY ADDRESS: 1795 55th Ter SW, Naples, FL 34116
The Respondent was not present.
Marcy Perry, Domestic Animal Services presented the case noting the Respondent was notified 3
times to provide documentation on the dog’s vaccination with no response. Failure to address the
issue requires a mandatory appearance in front of the Special Magistrate whereby a fine of $350 -
$500 may be imposed is so desired.
Special Magistrate Garretson ordered the Respondent to pay a Civil Penalty of $400.00,
Operational Costs of $50.00 and Administrative fee of $5, for a total of $455.00 by October 4,
2020.
33. CASE NO: CEEX20200008467-DAS V20-006869
OWNER: Emmanuel Baptiste
OFFICER: Emmanuel Valdes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
33(1). Failure to license (“Nina”); third offense.
FOLIO NO:
PROPERTY ADDRESS: 1795 55th Terr SW, Naples, FL 34116
The Respondent was not present.
September 4, 2020
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Marcy Perry, Domestic Animal Services presented the case noting the Respondent was notified 3
times to license the dog with no response. Failure to address the issue requires a mandatory
appearance in front of the Special Magistrate whereby a fine of $350 - $500 may be imposed is so
desired.
Special Magistrate Garretson ordered the Respondent to pay a Civil Penalty of $400.00,
Operational Costs of $50.00 and $5.00 Administrative fee, for a total of $455.00 by October 4,
2020.
Break: 12:15pm
Reconvened: 2:00pm
1. CASE NO: CELU20200000904
OWNER: FOGGS INVESTMENTS LLC
OFFICER: John Fuentes
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A)
and 2.02.03. The processing/recycling of gravel, stone/concrete and earthly
material without a conditional use.
FOLIO NO: 00190600006
PROPERTY ADDRESS: 10270 Immokalee RD, Naples, FL 34120
The Case was reconvened from the August 7, 2020 hearing date.
Colleen McAllister, Attorney represented the Respondent.
Ms. McAllister noted:
• The dates of the 2 photos she submitted as Composite Exhibit B at the previous hearing were
5/27/20.
• The following evidence was submitted by the County at the previous hearing:
• Exhibit A: Video dated May 7, 2020
• Composite Exhibit B: 3 photos dated 1/27/20
• Composite Exhibit C: 6 photos dated 5/7/20
• She requested clarification on the dates of the evidence and after consultations by the parties,
the following were determined to be the County’s Exhibits:
• Exhibit A: Video dated May 7, 2020
• Exhibit B: 5photos dated 1/27/20
• Exhibit C: 1 photo dated 3/10/20
• Exhibit D: 1 photo dated 3/19/20
• Exhibit E: 2 photos dated 4/8/20 (taken during investigation of another case on the
property but entered into the record for this case)
• She subpoenaed Ivan Miller who could not be present.
• Respondent Exhibit 3: Return of Service (8/25/20) and release for Ivan Miller (The
Exhibits were entered numerically beginning with #3 as A and B were entered at
the previous hearing).
Ms. McAllister called Lorn Andrews of Quality Enterprises as a witness.
Mr. Andrews testified he has experience with construction equipment (machinery purchaser) and is
familiar with Fogg property and the equipment used on site.
September 4, 2020
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Composite Exhibit #4: 5 photos dated 8/25/20 was admitted into evidence for Ms. McAllister.
Mr. Andrews viewed photos noting:
• Photo 1 - shows unprocessed bark mulch.
• Photo 2 – shows an excavator on pile of unprocessed bark mulch with a screener to separate
large material from smaller material.
• Photo 3 – shows machine feeding bark mulch onto separator which has grinding capability.
• Photo 4 – shows screened product ready for sale.
• Photo 5 – shows larger sized material reserved for later use.
• The equipment shown is not capable of crushing material.
Mr. Andrews viewed County Exhibit A, the video taken on 5/7/20 noting it depicts fill dirt in the
screening process. The material is used for house pads as it is separated from the larger material.
The excavator is loading the feeder which goes to screener. There is no crushing of the unprocessed
fill dirt. The other equipment depicted is an auger system utilized in lieu of a conveyor and another
screener used for very fine material.
Mr. Andrews viewed Respondent’s Exhibit 5, a video taken by Ms. McAllister dated 8/26/20 and
noted it depicts an excavator loading mulch in to scalping screen for a final product, the resale of
topsoil. This equipment has no ability to crush material.
Mr. Andrews viewed County’s Exhibit C noting it depicts dirt and rock being screened, the
equipment separates larger material from the smaller and can only screen material as it shakes back
and forth to separate the contents. He has never observed crushing of rock, gravel or cement on the
property, nor observed cement on the site. The crushing of material requires different machinery
which he has not seen on site. He has observed stone, rocks, soil, sand, vegetative debris on site but
not witnessed any drilling. He visits the site 1 to 2 times a week.
Mr. Ossorio questioned Mr. Andrews who noted his company purchases soil mix for plantings,
(mulch) for use on projects.
Mr. Ossorio asked him to define “processing” which Ms. McAllister objected to, but Special
Magistrate Garretson allowed him to continue.
Mr. Andrews noted processing in his mind is a piece of machinery doing something and screening
dirt is a process.
Mr. Ossorio questioned Mr. Andrews on the definition of “processing” with Ms. McAllister
objecting to the line of questioning.
Special Magistrate Garretson sustained Ms. McAllister’s objection to the line of questioning and
noted she will be the one to determine the definition of the terms (processing, process, processed,
etc.) as it relates to the case.
The questioning continued by Mr. Ossorio with Mr. Andrews noting a part of their business involves
processing and recycling.
September 4, 2020
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Ms. McAllister objected to the line of questioning.
Special Magistrate Garretson Overruled the Objection.
Mr. Andrews noted the operation depicted in the photos is the process of material being loaded onto
a conveyor to achieve a final product.
Mr. Andrews left the proceeding.
Ms. McAllister question Mr. Fuentes who noted:
• He authored the Notice of Violation with input from Ray Bellows, Director of Zoning on the
specific Land Development Code sections allegedly violated.
• He also wrote the description of the violation and the corrective action required.
• The Notice of Violation was reviewed by Supervisor Perez and Director Ossorio who were
responsible for the final approval of the document.
• He witnessed processing and recycling on site of stone, concrete and earthly material. He
saw an auger and was under impression it was drilling due to the noise and pounding created
by the machinery although he is not totally familiar with this type of equipment.
• He also witnessed the processing of concrete.
• He was not allowed on the property at the direction of the owner starting in January of 2020
and did request to view the equipment on site the day the stop work order was issued.
• He has never witnessed the screener up close and Mr. Bellows defined the activity as
processing and recycling.
Ms. McAllister requested Respondent’s Exhibit 6 be entered into the record, pages 084 – 089 of the
County’s case file dated May 28, 2020.
Mr. Ossorio noted the file is not complete as more information may get added as the case
progresses.
Ms. McAllister objected as the County should not be able to add information as the case moves on.
Ms. McAllister objected to entire proceeding.
Mr. Ossorio noted no new Notice of Violation will be issued for the case, nor additional citing of
violations, however the case is updated as new information becomes available given it is an ongoing
investigation.
Special Magistrate Garretson admitted Exhibit 6 as requested by Ms. McAllister as both parties
agreed the document referenced for the Exhibit was an original copy of the report.
Ms. McAllister continued questioning Mr. Fuentes who noted:
• He presented the information he found to Mr. Bellows for the determination of processing or
recycling of earthly material.
• He still contends he witnessed crushing and processing of material on 5/7/20 as defined by
Mr. Bellows.
• Mr. Bellows did witness the activity.
September 4, 2020
15
• He does not have any close-up photos of crushed material.
• He witnessed the crushing, transporting/relocating gravel on his initial visit which is a
violation of his Conditional Use Permit.
Supervisor Perez requested all questions regarding the zoning permits issued for the site be directed
to Mr. Bellows.
Ms. McAllister questioned Mr. Fuentes on the status of certain conditional use permits issued for
the property and the activities granted under such (moving of gravel or mulch within and/or off the
property, etc.).
Mr. Ossorio noted Mr. Fuentes is an investigator, not an expert on zoning uses and permits.
Ms. McAllister reported the Notice of Violation does cite the wording “without a Conditional Use.”
Special Magistrate Garretson noted Mr. Bellows may be the best person for the line of questions.
Ms. McAllister moved to strike Mr. Fuentes entire testimony.
Special Magistrate Garretson DENIED the motion and noted she will determine the value of his
testimony.
Under questioning by Ms. McAllister, Mr. Fuentes noted trucks are allowed to come and go on the
Fogg property which is not a violation of his permit(s). He did contact representatives of Aragon
Pools & Spas who told him they deliver and obtain material from the site.
Supervisor Perez objected to the question if Mr. Fogg is permitted to sell stone and dirt under his
existing permits.
Special Magistrate Garretson SUSTAINED the objection.
Mr. Fuentes testified he does not know if Aragon Pools & Spas has any permits granted by the
County’s Solid Waste Department.
Ms. McAllister called Christopher Crosson as a witness.
Mr. Crossan testified he is a North Naples Fire District Commissioner and has experience with fire
codes and he visits the site to purchase product and has never witnessed a safety violation. The
business provides a valuable service to the community.
Break: 4:00 p.m.
Reconvened: 4:10 p.m.
Speakers
James Pianowski, Lamorada Resident noted he began hearing loud noises from the Fogg property
in the Fall of 2019 including the crushing and pulverizing of materials and filed a complaint with the
County. He researched the records on the property and determined it is licensed permitted as a
retail nursery. The operation in question should be ceased as it is illegal. He is one of
approximately 350 neighbors who are negatively impacted by the use.
September 4, 2020
Jim Gram,Lamorada resident reported he has witnessed other equipment other than that depicted
during Mr. Andrews' testimony. The Fogg's website states manufactured sand is available on the
property and he has experienced adverse impacts to his property including noise and dust fallout.
Bill Stradling,Lamorada resident noted he has observed equipment on the site different from that
shown today in the photos during Mr. Andrews testimony including conveyor belts and augers. The
operation creates noise, dust fallout and vibrations on his property and is concerned for public
health.
Ronald Nikolich noted he purchases materials from the nursery and the operation should be allowed
to continue given the high quality of merchandise available to the public.
The case was continued to October 2, 2020.
XII. NEXT MEETING DATE—October 2,2020 at 9:00 a.m.
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 5:00 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
a C. Garretson, ial agistrate
The Minutes were proved by the Special Magistrate on UC Db?x , Oo u , as
presented , or as amended
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