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CEB Minutes 03/25/2021March 25, 2021 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida March 25, 2021 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman Gerald J. Lefebvre Chloe Bowman Kathleen Elrod Herminio Ortega Danny Blanco Sue Curley (Excused) Barbara Ann Davis (Excused) ALSO PRESENT: Elena Gonzalez, Code Enforcement Specialist Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Patrick White, Attorney to the Board Code Enforcement Board Nuisance Abatement Board AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 March 25, 2021 9:00 AM Robert Kaufman, Chair Gerald Lefebvre, Vice-Chair Kathleen Elrod, Member Danny Blanco, Member Chloe Bowman, Member Sue Curley, Member Herminio Ortega, Member Barbara Ann Davis, Alternate Notice: Respondents may be limited to twenty (20) minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five (5) minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Roberts Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedi ngs 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. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. APPROVAL OF MINUTES IV. APPROVAL OF AGENDA V. PUBLIC HEARINGS/MOTIONS A. MOTIONS MOTION FOR CONTINUANCE MOTION FOR EXTENSION OF TIME 1. CASE NO: CESD20190010308 OWNER: Jason R Stevens and Franni Downing OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Dock installed without required permits, inspections, and certificate of completion. FOLIO NO: 65470280000 PROPERTY 148 Sharwood Dr, Naples, FL ADDRESS: 2. CASE NO: CESD20190013491 OWNER: Larry R Davis OFFICER: Arthur Ford VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Interior and exterior renovations and electrical work without required permits, inspections, and certificate of completion/occupancy. FOLIO NO: 24532800000 PROPERTY 55 7th St, Bonita Springs, FL ADDRESS: 3. CASE NO: CESD20200002928 OWNER: Robert Douglas Hodge and Susan Norma Goldhorn OFFICER: Luis Macedo VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). New lanai and carport. FOLIO NO: 81626120008 PROPERTY 211 Sugarloaf Ln, Naples, FL 34114 ADDRESS: B. STIPULATIONS (NON-CONTESTED CASES AND PRESENT AT THE HEARING) C. EMERGENCY CASES D. HEARINGS 1. CASE NO: CEVR20190003792 OWNER: CAPRI K TIC LLC AND CAPRI W TIC LLC OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.06.02(C)(1). Required East boundary buffer Type A for Villas of Capri is not conforming to approved SDP/PUD 94- 123. FOLIO NO: 67965022001 PROPERTY 7725 Tara Circle, Naples, FL ADDRESS: 2. CASE NO: CELU20210001048 OWNER: Dominick Cammuso OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03. The processing, recycling, transferring, and storage of earthly materials (including vegetation) that exceeds 20% of the approved wholesale nursery area. Also allowing 3rd party businesses to dump these materials on the property. These are businesses not owned and operated by the property owner on this property. FOLIO NO: 770080800 PROPERTY 11820 Riggs Road, Naples, FL ADDRESS: 3. CASE NO: CESD20190003400 OWNER: Carlos Arreaga and Veronica Arreaga OFFICER: Michele Mcgonagle VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Added guest house, lean-to storage building, and plumbing for washing machine located under covered porch without obtaining required Collier County permits and permit 960016270 is in void status and needs to be closed. FOLIO NO: 73280360005 PROPERTY 2515 Bayside St, Naples, FL ADDRESS: 4. CASE NO: CESD20200005027 OWNER: Alberto Garcia and America Garcia OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Boat lift without a permit. FOLIO NO: 74890001520 PROPERTY 270 Stella Maris Dr S, Naples, FL ADDRESS: 5. CASE NO: CEV20200000211 OWNER: MIGUEL CRUZ EST OFFICER: Michele Mcgonagle VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Numerous unlicensed/inoperable vehicles on the property. FOLIO NO: 39387120001 PROPERTY 181 20th St SE, Naples, FL ADDRESS: 6. CASE NO: CEOCCOCC20190015149 OWNER: Sabrina McBride OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 2.02.03 and 5.02.03(A-J) and Collier County Code of Laws and Ordinances, Article IV, Section 126-111. Operating of business Earth Works Septic Contractor from this property without first obtaining a Collier County Business Tax Receipt. The illegal outside storage of business-related vehicles and equipment other than would be associated with the allowable residential use. Non-resident employees coming to the property to pick up business associated trucks and equipment, leaving their personal vehicles parked there, and then dropping the trucks and equipment back off. The illegal outside storage of goods and products. FOLIO NO: 36967440007 PROPERTY 381 17th St SW, Naples, FL ADDRESS: 7. CASE NO: CELU20210001826 OWNER: BAYSHORE REDEVELOPMENT GP LLC OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03. This parking lot was in use on Monday February 22, 2021 which is not permitted use per HEX # 2019- 38. FOLIO NO: 81271240003 PROPERTY 2831 Becca Ave, Naples, FL ADDRESS: 8. CASE NO: CELU20200012910 OWNER: Anthony Wayne Heasly OFFICER: Bradley Holmes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 2.02.03, 5.02.03(C) and 5.02.03(1). Prohibited keeping of business related materials on the property including, but not limited to: wood pallets, multiple piles of sand and/or soil and multiple pallets of pavers, prohibited keeping of dumpsters on the property, prohibited business related traffic to the property and from the property. FOLIO NO: 38334640001 PROPERTY 6070 Lancewood Way, Naples, FL ADDRESS: 9. CASE NO: CESD20200011986 OWNER: Leon Gerald Austin, Jacqueline Franklin, and Lori Andersen OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Unpermitted addition to rear of home. FOLIO NO: 68096840009 PROPERTY 2545 Poinciana Dr, Naples, FL ADDRESS: 10. CASE NO: CENA20210000373 OWNER: LOGAN ACE CONTINGENT TRUST, A ALLEMAN CONTINGENT TRUST, C ALLEMAN CONTINGENT TRUST OFFICER: Saylys Coutin VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(b). Observed high grass and weeds in excess of eighteen inches on improved estates zoned parcel. FOLIO NO: 37981280006 PROPERTY 3311 11th Ave SW, Naples, FL ADDRESS: 11. CASE NO: CELU20200002226 OWNER: John D Harlem and Meghan K Harlem OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 4.06.051(D)(7). Synthetic turf installed on the property exceeding the allowable area of 30 percent of rear yard pervious area. FOLIO NO: 76360160009 PROPERTY 6091 Waxmyrtle Way, Naples, FL ADDRESS: VI. OLD BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES/LIENS B. MOTION FOR RE-HEARING C. MOTION FOR IMPOSITION OF FINES/LIENS 1. CASE NO: CELU20200001705 OWNER: TYLINSKI PROPERTIES LLC OFFICER: Virginie Giguere VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A). Operation of a business without obtaining all Collier County approvals and certificates of occupancy. FOLIO NO: 60782160004 PROPERTY 11342 Tamiami Trail E, Naples, FL ADDRESS: 2. CASE NO: CEAU20200001629 OWNER: John R McCann Jr and Ashley Law McCann OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 5.03.02(F)(3). Observed wooden fence needing repairs and/or replacement. FOLIO NO: 68096280009 PROPERTY 3520 Balboa Cir E, Naples, FL ADDRESS: 3. CASE NO: CEAU20170016724 OWNER: Tam Thanh Nguyen and Tammy Nguyen OFFICER: Delicia Pulse VIOLATIONS: Florida Building Code, 6th Edition (2017), Section 105.1 as adopted by reference in Collier County Code of Laws and Ordinances and Collier County Land Development Code 04-41, as amended, Section 5.03.02(F)(3). Chain link and wood fence on property and no Collier County Building permit, fencing is dilapidated and not maintained., FOLIO NO: 38396160008 PROPERTY 5175 Green Blvd, Naples, FL ADDRESS: 4. CASE NO: CESD20160015155 OWNER: Tomas Avila Reyes OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Extensive remodeling in progress, including plumbing, electric, and interior drywall being removed/replaced, and studs removed without required Collier County Building Permits. FOLIO NO: 36960880004 PROPERTY 2430 Golden Gate Blvd W, Naples, FL ADDRESS: 5. CASE NO: CESD20180006559 OWNER: Anthony J Baldoni and Dana S Baldoni OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Alterations/improvements made on Property and no Collier County building permits obtained. FOLIO NO: 51978012988 PROPERTY 14483 Jekyll Island Ct, Naples, FL ADDRESS: 6. CASE NO: CESD20190010308 OWNER: Jason R Stevens and Franni A Downing OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Dock installed without required permits, inspections, and certificate of completion. FOLIO NO: 65470280000 PROPERTY 148 Sharwood Dr, Naples, FL ADDRESS: 7. CASE NO: CELU20190013849 OWNER: NOAH’S ARK CHURCH INC OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A). Operating a food bank/pantry distribution program, patrons are occupying more parking spaces then what is allocated to the church per the approved Administrative Parking Reduction approval letter. FOLIO NO: 35931080009 PROPERTY 11853 Collier Blvd, Naples, FL ADDRESS: 8. CASE NO: CESD20200000525 OWNER: Abel Rill and Gardenia Rill OFFICER: Thomas Pitura VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Rear addition, multiple sheds, and a wood deck built without a permit. FOLIO NO: 25967800328 PROPERTY 14565 Apalachee Street, Naples, FL ADDRESS: 9. CASE NO: CESD20190010811 OWNER: NAFDOF02 LLC OFFICER: John Delia VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Changing exterior door and replacing toilets without required permits. FOLIO NO: 54670003409 PROPERTY 290 Leawood Circle, Naples, FL ADDRESS: 10. CASE NO: CESD20200001059 OWNER: St Luc Charelus and Masina Charelus OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Rear addition/alteration built without permit. FOLIO NO: 25967801628 PROPERTY 14522 Abiaka Way, Naples, FL ADDRESS: 11. CASE NO: CESD20200004952 OWNER: ALL BUILDING AND MAINTENANCE LLC OFFICER: Luis Macedo VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Renovations/alterations including but not limited to, drywall, kitchen cabinets, and windows. FOLIO NO: 67030560003 PROPERTY 302 Pinehurst Cir, Naples, FL ADDRESS: D. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER E. MOTION TO AMEND PREVIOUSLY ISSUED ORDER VII. NEW BUSINESS VIII. CONSENT AGENDA A. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE IX. REPORTS X. COMMENTS XI. ADJOURN XII. NUISANCE ABATEMENT BOARD A. HEARINGS XIII. NEXT HEARING DATE-APRIL 23, 2021 AT 9:00AM XIV.ADJOURN March 25, 2021 Page 2 CHAIRMAN KAUFMAN: Good morning. I'd like to call the Code Enforcement Board to order. How you doing, Herminio? No, you get to sit next to Helen. Notice: Respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and, therefore, may need to en sure 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. Which brings us to the Pledge. If you'll all stand. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Helen, do you have another agenda package for Chloe? Which brings us to the roll call, Helen. MS. BUCHILLON: I'm sorry? CHAIRMAN KAUFMAN: You can call the roll. I'll have an onion roll. MS. BUCHILLON: Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MS. BUCHILLON: Ms. Kathleen Elrod? March 25, 2021 Page 3 MS. ELROD: Here. MS. BUCHILLON: Danny Blanco? MR. BLANCO: Here. MS. BUCHILLON: Ms. Chloe Bowman? MS. BOWMAN: Here. MS. BUCHILLON: Mr. Herminio Ortega? MR. ORTEGA: Here. CHAIRMAN KAUFMAN: Do you have the excused also? Sue Curley? MS. BUCHILLON: Oh, I'm sorry. Excuse me. And Sue Curley is excused, and Barbara Ann Davis is also excused. CHAIRMAN KAUFMAN: Okay, great. Which brings us to the approval of the minutes. Anybody have any comments on last month's minutes? (No response.) CHAIRMAN KAUFMAN: Hearing none, we'll approve the minutes. CHAIRMAN KAUFMAN: Oh, he would like to speak about the minutes. Okay. Which brings us to any changes to the agenda? MS. BUCHILLON: Yes, sir. First we have stipul ations. First stipulation under Hearings, No. 9, CESD20200011986, Leon Gerald Austin, Jacqueline Franklin, and Lori Anderson. Second stipulation, No. 7 CELU20210001826, Bayshore Redevelopment GP, LLC. Next stipulation, No. 3, CESD20190003400, Carlos Arreaga and Veronica Arreaga. Number 2, CELU20210001048, Dominick Cammuso. And those are all the stipulations. CHAIRMAN KAUFMAN: Okay. Could we get a motion from the Board to accept the agenda as modified. March 25, 2021 Page 4 MS. BOWMAN: Motion to accept the agenda. MS. ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: We also have withdrawns. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: First case under Public Hearings, Motion for Extension of Time, No. 1, CESD20190010308, Jason R. Stevens and Franni Downing, has been withdrawn. Violation has been abated. Number 4, CESD20200005027, Alberto Garcia and America Garcia, has been withdrawn due to compliance efforts. Number 6, CEOCCOCC20190015149, Sabrina McBride, has been withdrawn. Violation has been abated. Number 10, CENA20210000373, Logan Ace, A. Alleman Contingency Trust, C. Alleman Contingency Trust, has been withdrawn and will be rescheduled for the April hearing. Under motion for imposition of fines, No. 1, CELU20200001705, Tylinski Properties, has been withdrawn. The ops costs were paid. Number 3, CEAU20170016724, Tam Thanh Nguyen and Tammy Nguyen, has been withdrawn and will be rescheduled March 25, 2021 Page 5 for the April hearing. Number 8, CESD20200000525, Abel Rill and Gardenia Rill, has been withdrawn due to compliance efforts. And those are all the changes. CHAIRMAN KAUFMAN: Are we finished changing the agenda? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay. Can I get a motion to modify the agenda. MS. ELROD: Motion to accept the modifications. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: Okay. And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: We have another stipulation. CHAIRMAN KAUFMAN: You just told me that you didn't have any more, MS. BUCHILLON: I didn't have it. MR. LEFEBVRE: She didn't. MS. BUCHILLON: This one is under public hearings, No. 8, CELU20200012910, Anthony Wayne Heasly. CHAIRMAN KAUFMAN: Any others? MS. BUCHILLON: No, sir. March 25, 2021 Page 6 CHAIRMAN KAUFMAN: Okay. For the last time this morning, motion to -- MS. ELROD: Accept. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second to accept the agenda as modified. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have -- do you want to do the stips first, or do you have something that you'd like to put in front of the stips? MS. BUCHILLON: We had the attorney for motion for imposition of fines that he was wondering if he can go up front first. CHAIRMAN KAUFMAN: Okay. We'll save somebody some money by doing that. Which case is it? MS. BUCHILLON: It would be No. 7, CELU20190013849, Noah's Ark Church, Inc. CHAIRMAN KAUFMAN: Okay. (The speakers were duly sworn and indicated in the affirmative.) MS. PULSE: I do. MR. JOSEPH: I do. CHAIRMAN KAUFMAN: We're swearing attorneys in now based on the recommendation of our attorney. We used to be able to trust them but, lately, not so much. March 25, 2021 Page 7 MR. JOSEPH: I'll do my best to be trustworthy. CHAIRMAN KAUFMAN: Good morning. MR. JOHNSON: Good morning. CHAIRMAN KAUFMAN: Can you state your name on the mic for us. MR. JOHNSON: Mark Joseph on behalf of the defendant. CHAIRMAN KAUFMAN: Okay. Before you read in what you're going to read in, why don't you give us a quickie summary of what's going on. MR. JOSEPH: Yes, Your Honor. So my dad, Odino Joseph, started a church. Well, he started a church way before I was born, but the church recently moved to Collier Boulevard in Naples. Originally there was an approval for the church based off of a reduction in parking application for the patrons of the church. Now, the church is located in a plaza with other businesses to its right and to its left. So there's probably about 144 seats in the church for 87 parking spots allocated to the whole plaza. So he got the application for parking reduction approved with the stipulation that there would be individuals that bused in so that we could red uce parking. After having the church move to this new location on Collier Boulevard, he then started a food bank for t he church. Well, not for the church, necessarily, but for anyone in the community who had a need for food. So based off of that, there were some, I think, complaints regarding parking from one of the businesses near the plaza because patrons to the food bank were parking in that spot. Based off of that zoning -- and Code Enforcement Board, I think, got involved, and they let him know that there were issues and that he was going to either need to apply for a new reduction application or find another alternative method or cease and desist the food bank activity. March 25, 2021 Page 8 We then attempted to comply by applying for another reduced parking application. That was subsequently denied. And then after that -- well, after that was denied, we were encouraged to seek an alternative method for the food bank that would alleviate the issue with parking. So I think originally there was some confusion as to how to alleviate after the denial. We've been working with Cristina and Eric Ortman from Zoning to try and find an alternative method, but we're here today at this hearing for imposition of fees, and we haven't really come to a definite conclusion yet. So what I'm requesting is for a 60-day extension to be able to finish those conversations and be able to come to a resolution so that we can continue to serve the community. CHAIRMAN KAUFMAN: Okay. When I read the -- it says that the violation has not been abat ed, so -- I understand. We've done this a few times. Okay. So -- MR. JOSEPH: May I add something? I'm sorry. CHAIRMAN KAUFMAN: Sure. MR. JOSEPH: So we've stopped -- patrons for the food bank are no longer allowed park at the church. We've actually tried to find an alternative method, and we have people coming through a drive through, if you will. We hand them the boxes and they go. So no one's actually parking at the church at this point in time. But as far as, you know, it being on paper, no, it has not been fixed yet. CHAIRMAN KAUFMAN: So you need 60 days to resolve the situation? MR. JOSEPH: Yes, Your Honor. CHAIRMAN KAUFMAN: Okay. Do you want to read this into the record? MS. PULSE: That's up to you. CHAIRMAN KAUFMAN: Sure. March 25, 2021 Page 9 MS. PULSE: And I do want to say, Dee Pulse, for the record, Collier County Code Enforcement Investigator. On this, it does say that the operation costs have not been paid. They have now been paid. CHAIRMAN KAUFMAN: Okay. MS. PULSE: Okay. Violation of Collier County Land Development Code 04-41, as amended, Section 1.04.01(A). Location: 11853 Collier Boulevard, Naples, Florida; Folio 35931080009. Operating a food bank/pantry, distribution program, patrons are occupying more parking spaces than what is allocated to the church per the approved administrative parking reduction approval letter. Past orders: On October 23rd, 2020, Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violations. See the attached order of the Bo ard, OR5846, Page 2402, for more information. The violation has not been abated as of March 25th, 2020, or, I'm sorry, 2021. Fines have accrued at a rate of $150 per day for a period from January 22nd, 2021, to March 25th, 2021, 63 days, for a total fine amount of $9,450. Previously assessed operational costs: $59.28 have been paid. Operational costs for today's hearing: $59.35. Total amount: $9,509.35. CHAIRMAN KAUFMAN: Okay. So that's changed. So you're requesting a continuance of 60 days; is that correct? MR. JOSEPH: Yes. CHAIRMAN KAUFMAN: Okay. Anybody on the Board want to make a comment? MR. LEFEBVRE: I guess, what are you doing to resolve the March 25, 2021 Page 10 issue? I'm not sure if 60 days is going to be -- they're going to be back here with nothing resolved. MR. JOSEPH: So, again, we've stopped all the parking at the church and the surrounding areas. People are just pulling through and leaving when they're handed boxes. But we are in conversations with the Zoning Department. I know that Cristina reached out to Ray Bellows. We have not heard back from him yet, but we are in conversation with them to try and see if that alternative method will be approved because after -- again, after the initial denial, we were encouraged to try and figure out if there was another way to be able to do this, and so that's what we're doing. CHAIRMAN KAUFMAN: So you feel it will be resolved in 60 days? MR. JOSEPH: I'm hopeful; I am. I can't make any guarantees, obviously. But, again, the whole issue is the parking. And as far as I'm concerned, it's not an issue anymore, so it has yet to be seen. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: Was this part of a permit? MR. JOSEPH: Say it again. MR. ORTEGA: Was this part of a permit? MR. JOSEPH: The food bank? MR. ORTEGA: Uh-huh. MR. JOSEPH: I do not believe so, no. MR. ORTEGA: The only issue's parking? MR. JOSEPH: The only issue, as I understand it, is parking, yes. MS. PULSE: Yes. MR. LEFEBVRE: Jeff, did you have something? MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. The county feels 60 days is sufficient for them to meet with March 25, 2021 Page 11 Mr. Bellows. If it seems like there's progress being made with Mr. Bellows, then we would hold off on bringing the imposition back at that time. But this gives them enough opportunity to at least meet with them. CHAIRMAN KAUFMAN: Okay. So we're looking for a continuance of 60 days? MR. LEFEBVRE: Make a motion to grant a continuance of 60 days. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. JOSEPH: Thank you. You guys have a nice day. CHAIRMAN KAUFMAN: Thank you. We're going to the stipulation for No. 9; is that next? MS. BUCHILLON: We have extension of time. CHAIRMAN KAUFMAN: That one -- I thought that was withdrawn, wasn't it? MS. BUCHILLON: No. We have two more. CHAIRMAN KAUFMAN: Okay. March 25, 2021 Page 12 MS. BUCHILLON: Under Motions, Motion for Extension of Time, No. 2. CESD20190013491, Larry R. Davis. MS. DAVIS: I have a power -- I'm Jill Davis. Good morning. I have a power of attorney for my husband. He has moved into long-term care, and so I'm speaking on his behalf. Where do I give that? CHAIRMAN KAUFMAN: It's okay. (The speakers were duly sworn and indicated in the affirmative.) MS. DAVIS: Yes. MR. SHORT: I do. CHAIRMAN KAUFMAN: So we have a stipulation on this? MR. SHORT: That's not correct. This is a request for extension. CHAIRMAN KAUFMAN: Oh, this is the extension, okay. So why don't you give us a quick scenario of why you're requesting an extension and for how long, and we can go from there. MS. DAVIS: Okay. Our home was damaged by Irma, and so we requested some help -- we tried to get the moneys from our insurance company, and they really were not providing it. So then we went ahead, and we had a general contractor come in; Jarvis Construction. And they went ahead and they began construction, said they had a permit. They demolitioned the exterior of our home, and because I was a handyman here in Naples for over 12 years, I knew that there was mold going on, because our rock had fallen away from the home. And so we opened up the wall and, of course, a lo t of the 2x4s, et cetera, had to be replaced, so they went in, and they replaced the wall in the front and on the side. Then -- CHAIRMAN KAUFMAN: Instead of -- I don't want to go into explaining the whole case. March 25, 2021 Page 13 MS. DAVIS: Yeah. CHAIRMAN KAUFMAN: This portion, you're asking for additional time? MS. DAVIS: Correct. I have a buyer, and I would like to get them time to do a rehab on the home and get it back up to condition. CHAIRMAN KAUFMAN: Okay. And approximately how much of -- how much time are you requesting? MS. DAVIS: We close in April and -- tentatively, and I would like to have them have 90 days from that point, so they -- because they've got to put on the new roof, siding, et cetera. CHAIRMAN KAUFMAN: Well, once they close, it becomes their problem. MS. DAVIS: Correct. CHAIRMAN KAUFMAN: Okay. So you're requesting for you. MS. DAVIS: Yes, to have 90 days -- or 120 would be nice because -- but they have to come back in and then request for them; is that what you're say, sir? CHAIRMAN KAUFMAN: Yeah. In other words, if your request is granted and you ask for 60 days, for instance, and you close on this in April, you're done. MS. DAVIS: Yes. CHAIRMAN KAUFMAN: Okay. MS. DAVIS: I understand that. CHAIRMAN KAUFMAN: Now it's somebody else. MS. DAVIS: Correct. CHAIRMAN KAUFMAN: And they should be aware of this, by the way. MS. DAVIS: Correct, they are. CHAIRMAN KAUFMAN: So am I making any sense, Eric? MR. SHORT: Makes sense to me. March 25, 2021 Page 14 CHAIRMAN KAUFMAN: Okay. MR. SHORT: For the record, Supervisor Eric Short with Collier County Code Enforcement. And I believe the buyers are present here today. CHAIRMAN KAUFMAN: Okay. MR. SHORT: This gives the county some ease. CHAIRMAN KAUFMAN: Yeah. Everybody. Okay. So do you think it would be sufficient time if you ask for 60 days? MS. DAVIS: I would like to ask for 90, please, just to make sure that -- with the issues we're having with contractors, I want to make sure that they get the contractor for their roof, contractor for their siding. CHAIRMAN KAUFMAN: Again, that's them. MS. DAVIS: I would ask for 90, yes -- CHAIRMAN KAUFMAN: In other words -- MS. DAVIS: -- from this day. CHAIRMAN KAUFMAN: -- for some reason you think it might not close in April, you want additional time to make sure -- MS. DAVIS: That's correct. CHAIRMAN KAUFMAN: -- that it closes? MS. DAVIS: Correct. MR. WHITE: Point of order, Mr. Chairman. CHAIRMAN KAUFMAN: Yes. MR. WHITE: If the order is granted, let's say, for example, at 120 days, just like the rest of the sticks in the bundle of property, whatever you do today by way of your order is imposed in a sense on the property and buyers. They take with notice. CHAIRMAN KAUFMAN: I would think that the buyers would be in a position to request whatever time o nce they're cited. Jeff, do you have any comments on this, or you didn't but now you do? March 25, 2021 Page 15 MR. LETOURNEAU: Well, no, not really. I just -- I would say that whatever amount of time you give them, the property transfers. You've already stated the responsibility goes over to the new buyers. If they run into some issues, they can always come back, like this lady, and ask for more time. Obviously, the county would look favorably on some progress being done at that point. CHAIRMAN KAUFMAN: Okay. Anybody like to -- MR. LEFEBVRE: Well, I guess, has permits been -- has work started on this, or is it waiting till the new owner takes ownership? MS. DAVIS: The work has not -- is that what you asked, if the work has started? MR. LEFEBVRE: Yeah. MS. DAVIS: No, the work has not started. When they purchase the home, then they will begin to bring in contractors. CHAIRMAN KAUFMAN: Yeah. They don't own the home, so they're not in the position to sign off on anything at this time. MS. DAVIS: Correct. CHAIRMAN KAUFMAN: So -- MR. LEFEBVRE: Originally she was asking for 90 days from when the closing was. Now it's 90 days from today. So there's a difference there. It sounds like, with the scope of work and what's not known, that 90 -- or 90 days from today might be a short period. I would -- MS. DAVIS: I would like 120, if possible -- MR. LEFEBVRE: If I can finish. MS. DAVIS: -- from now, just in case we have any -- you know how it is today. If we have any issues in the closing or issues with the contractor, I believe that's sufficient time, since I was in construction for 15 years. MR. LEFEBVRE: Okay. Someone else can make a motion. CHAIRMAN KAUFMAN: Not hearing anything, I make a March 25, 2021 Page 16 motion that we extend the time 90 days. MR. BLANCO: I'll second that. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now, the new people -- hi, new people -- if you have a problem with timing, you can talk with Code Enforcement, and I would almost certainly guarantee that you'll get what you need. Okay? Okay. MS. DAVIS: Thank you. CHAIRMAN KAUFMAN: Thank you. MS. BUCHILLON: Next item, No. 3 under Motion for Extension of Time, CESD20200002928, Robert Douglas Hodge and Susan Norma Goldhorn. She's actually the new owner of the property. MR. LEFEBVRE: Who's the new owner? MS. BUCHILLON: She is. CHAIRMAN KAUFMAN: The baby is. MS. GOLDHORN: No, he's the grandchild. CHAIRMAN KAUFMAN: Okay. Swear him in. MS. GOLDHORN: He's probably going to be in law March 25, 2021 Page 17 enforcement, so yes. (The speakers were duly sworn and indicated in the affirmative.) MS. GOLDHORN: Yes, I do. Thank you. MR. MUCHA: I do. CHAIRMAN KAUFMAN: That could be our youngest respondent. MR. MUCHA: I told her to bring the baby; it would get her sympathy. CHAIRMAN KAUFMAN: There you go. MR. LEFEBVRE: It's working. CHAIRMAN KAUFMAN: Okay. Why don't you give us a quickie summary of what you are looking for and the reason for it, and we can -- MS. GOLDHORN: I'm looking for 90 to 120 days. I purchased a house that I guess the lanai came down in Irma. I was told there was an open permit. A week before settlement they told us it was a violation. It took us three months to go to settlement because the woman, I guess, moved to New York, went through a divorce, filed bankruptcy, and had other issues going on. We went to settlement in the end of January. And at this time I do have a contract for a new lanai to be replaced. We have architect drawings -- engineering drawings being drawn up so that we could apply for a permit. CHAIRMAN KAUFMAN: Okay. Joe? MR. MUCHA: For the record, Joe Mucha, Supervisor of Collier County Code Enforcement. I have no issue with that. I'm going to actually have her schedule a meeting with me and Renald, and we'll help her get this settled. CHAIRMAN KAUFMAN: Okay. Anybody like to make a motion from the Board? MR. BLANCO: I'll make a motion to continue the case for 120 March 25, 2021 Page 18 days. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. ORTEGA: Second. MS. GOLDHORN: The gentleman here just said I need to state my name. My name is Susan Norma Goldhorn. CHAIRMAN KAUFMAN: Okay. He's so picky. MS. GOLDHORN: I understand. CHAIRMAN KAUFMAN: We have a motion and a second for 120 days. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. GOLDHORN: Thank you. You might know his daddy; Lieutenant Chris Goldhorn. MS. BUCHILLON: Ready? CHAIRMAN KAUFMAN: I'm ready. MS. BUCHILLON: Next item on the agenda, first imposition, No. 9, under Hearings, CESD20200011986, Leon Gerald Austin, Jacqueline Franklin, and Lori Anderson. CHAIRMAN KAUFMAN: You said "imposition." You meant stipulation? MS. BUCHILLON: I said imposition? Oh, I'm sorry; stipulation. CHAIRMAN KAUFMAN: I don't want to change the agenda March 25, 2021 Page 19 again. (The speaker was duly sworn and indicated in the affirmative.) MR. CATHEY: I do. CHAIRMAN KAUFMAN: Let the record show the respondent is not present. Would you like to read the stipulation into the record for us? MR. CATHEY: Yes. For the record, Ryan Cathey, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.25 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by: Obtain all required Collier County building permits or demolition permit, inspections, certi -- excuse me -- certificate of completion/occupancy for the unpermitted addition/alterations to the rear of home within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of the abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Can I get a motion from the Board? MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion. MR. BLANCO: Second. March 25, 2021 Page 20 CHAIRMAN KAUFMAN: And a second to accept the stipulation as written. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. CATHEY: Thank you. MS. BUCHILLON: Next stipulation, No. 7, CELU20210001826, Bayshore Redevelopment GP, LLC. CHAIRMAN KAUFMAN: Good morning. MR. JOHNSON: Good morning, sir. (The speaker was duly sworn and indicated in the affirmative.) MR. JOHNSON: I do. CHAIRMAN KAUFMAN: Let the record show the respondent is not present. Would you like to read the stipulation into the record for us, John? MR. JOHNSON: Yes, sir. For the record, John Johnson, Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days of this hearing; Number 2, pay a civil penalty of $750 for this recurring violation; Number 3, abate all violations by immediately cease all use of March 25, 2021 Page 21 this parking lot on Mondays until such time as all of the required Collier County approvals have been obtained that would allow the parking lot to be open on Mondays. Number 4, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Number 5, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance 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. CHAIRMAN KAUFMAN: I don't remember this case. This was a parking lot that was being used when it shouldn't have been? MR. JOHNSON: This is in regards to the food truck over at Celebration Park. CHAIRMAN KAUFMAN: Oh, okay. MR. JOHNSON: They have a separate parking lot, and there was a HEX agreement, a Hearing Examiner agreement, that the county and staff at the Food Truck Park agreed to not have open on Mondays, and they violated that a few times, and that's the reason for the civil penalty. That's equivalent to what we would have charged them if we had written citations for each -- there's, like, three occurrences since the notice was served. And we had a meeting yesterday with the respondents, and it's not going to be used on Mondays anymore, although they've applied to reopen the HEX and try to get approval to use it on Mondays. CHAIRMAN KAUFMAN: Okay. And they agreed to the stipulation? MR. JOHNSON: Yes, sir. CHAIRMAN KAUFMAN: Get a motion from the Board. MS. ELROD: Motion to accept. March 25, 2021 Page 22 MR. LEFEBVRE: Second. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second to accept the stipulation as written. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, John. MR. JOHNSON: Thank you. MS. BUCHILLON: Next stipulation, No. 3, CESD20190003400, Carlos Arreaga and Veronica Arreaga. (The speakers were duly sworn and indicated in the affirmative.) MS. McGONAGLE: I do. MR. ARREAGA: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, please. (Unintelligible.) THE COURT REPORTER: Could you say it again; your name. MR. ARREAGA: Carlos Arreaga. CHAIRMAN KAUFMAN: Okay. Do you want to speak, or do you want her to read the stipulation? MR. ARREAGA: She do it. CHAIRMAN KAUFMAN: Why don't you read the stipulation into the record. MS. McGONAGLE: Good morning. For the record, March 25, 2021 Page 23 Investigator Michele McGonagle, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Col lier County building permits, inspections, and certificate of completion/occupancy for the guesthouse or return to a permitted state and close out Permit 960016270 within 180 days of this hearing, or a fine of $200 per day will be imposed until the violati on is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request investigator perform a site inspection to confirm compliance. Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement recall be assessed to the property owner. CHAIRMAN KAUFMAN: How many days did you say? MS. McGONAGLE: One hundred eighty. CHAIRMAN KAUFMAN: Six months. Okay. You agreed to that? MR. ARREAGA: Yes, I know. CHAIRMAN KAUFMAN: No problems? MR. ARREAGA: No problem. CHAIRMAN KAUFMAN: Okay. Can I get a motion from the Board. MS. ELROD: Motion to accept. MS. BOWMAN: Motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a motion to accept and seconded. All those in favor? March 25, 2021 Page 24 MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. McGONAGLE: Thank you. MR. ARREAGA: Have a nice day. CHAIRMAN KAUFMAN: Good luck. You, too. MS. BUCHILLON: Next case, No. 2, CELU20210001048, Dominick Cammuso. (The speaker was duly sworn and indicated in the affirmative.) MR. LETOURNEAU: I do. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. This is a little long-winded one; I'm sorry. Okay. Therefore, it is agreed between the parties that the respondent shall pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing and abate all violations by: Number 1, reducing the storage area of these processed materials to 20 percent or less than the total area of the approved nursery or obtain a Collier County conditional use permit, all required inspections, and all final approvals to exceed the current allowed storage area. The total area of the approved nursery is the March 25, 2021 Page 25 area of the property that is being used for the nursery, not the total area of the property. Number 2, cease allowing any business not owned or operated by the property owner on this property to bring in any unauthorized materials to the property or obtain a Collier County conditional use permit, all required inspections, and all final approvals to do so; Number 3, cease using the property as a collection and transfer site for resource recovery or obtain a Collier County conditional use permit, all required inspections, and all final approvals to do so; Number 4, failure to comply with any of these first three measures within 120 days of this hearing will result in a daily fine of $200 to be imposed until all the violations are abated; Number 5 -- I mean, excuse me, No. 5, the respondent must 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 using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. I assume somebody has met with the respondent, and he has agreed to all of this? MR. LETOURNEAU: I met with Mr. Dominick Cammuso this morning out here in the hallway, and he agreed to this, yes. MS. ELROD: Motion to accept the stipulation. CHAIRMAN KAUFMAN: We have a motion. MR. LEFEBVRE: Second. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. March 25, 2021 Page 26 CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Jeff. MR. LETOURNEAU: Thank you. MS. BUCHILLON: And last stipulation, No. 8, CELU20200012910, Anthony Wayne Heasly. (The speaker was duly sworn and indicated in the affirmative.) MR. HOLMES: I do. Good morning. CHAIRMAN KAUFMAN: Good morning. You look familiar. MR. HOLMES: Sort of. CHAIRMAN KAUFMAN: Okay. Let the record show the respondent is not present. Why don't you read the stipulation into the record for us. MR. HOLMES: For the record, Bradley Holmes, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by removing all unauthorized dumpsters and all other business-related items not permitted for outside storage to a site intended for such use, or store desired items in a completely enclosed structure, and cease and desist all business-related traffic to and from the property by those not legally March 25, 2021 Page 27 residing at the address within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance 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. CHAIRMAN KAUFMAN: Okay. This was, what, 59.28; was that the costs? MR. HOLMES: $59.28, yes, sir. CHAIRMAN KAUFMAN: Okay. Within 30 days. No problem from the respondent on this? MR. HOLMES: No, no. He thinks he's going to have everything squared away, so... CHAIRMAN KAUFMAN: Okay. MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. BLANCO: Second. CHAIRMAN KAUFMAN: And second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. March 25, 2021 Page 28 Thanks, Bradley. CHAIRMAN KAUFMAN: That takes care of the stipulations. MS. BUCHILLON: Yes, sir. And we will go back to public hearings. Under D, hearings, No. 1, CEVR20190003792, Capri K Tic, LLC, and Capri W. Tic, LLC. MS. RENGIFO: Good morning. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the record for us. MS. RENGIFO: My name is Victoria Rengifo. (The speakers were duly sworn and indicated in the affirmative.) MS. RENGIFO: I do. MS. PULSE: I do. CHAIRMAN KAUFMAN: Okay. You're up. MS. PULSE: Good morning. For the record -- CHAIRMAN KAUFMAN: Good morning. MS. PULSE: -- Dee Pulse, Collier County Code Enforcement Investigator. This is in reference to Case No. CEVR20190003792 dealing with violation of Collier County Land Development Code 04-41, as amended, Section 4.06.02(C)(1). It's for required east boundary buffer Type A for Villas of Capri is not conforming to approved Site Development Plan/PUD 94-123. It's located at 7725 Terrace Circle, Naples, Florida, 34104; Folio 67965022001. Service was given on May 15th, 2020. Our division received a complaint for lights shining into their property from cars parking at this community. A notice of violation was issued, and communication with management was consistent to move forward. After a while, though, my replies to my phone calls and emails were not returned, and the case was prepared for hearing. March 25, 2021 Page 29 As of March 24th, 2021, violation remains. CHAIRMAN KAUFMAN: Okay. Do you want to give us a quick description of that barrier that -- MS. PULSE: So that would be in my case evidence. I'm going to be showing that. I would like to present case evidence in the following exhibits: Four photos taken by me on March 10th, 2019; an aerial from Property Appraiser; zoning map snapshot; Site Development Plan buffer; Site Development Plan A buffer; and a Site Development Plan plant list. CHAIRMAN KAUFMAN: Okay. Has the respondent seen these exhibits? MS. PULSE: No. CHAIRMAN KAUFMAN: Do you want to show her the exhibits to see if she has any objection? MR. LETOURNEAU: Ma'am. CHAIRMAN KAUFMAN: Your helper. MS. PULSE: I'm sorry. MS. RENGIFO: I completely agreed, of the pictures that she take. CHAIRMAN KAUFMAN: Okay. Mr. Lefebvre brought up a point. What is your relationship with the LLC? MS. RENGIFO: LLC? CHAIRMAN KAUFMAN: Do you own the business? MS. RENGIFO: No. I'm the community property manager. CHAIRMAN KAUFMAN: Okay. So you're authorized speak for the owner of the property? MS. RENGIFO: Correct. THE COURT REPORTER: Can I have her spell her name? MS. RENGIFO: R-e-n-g-i, f like in Frank, o. March 25, 2021 Page 30 CHAIRMAN KAUFMAN: Okay. Get motion to accept the exhibits. MS. ELROD: Motion to accept. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. PULSE: Okay. So this is showing where the line of trees is is basically where the buffer should be. The Type A buffer is basically bushes, like cocoplum, or there's a couple of different ones they could choose from. I'm not sure -- I'm note even sure Vicki knows exactly where the plants went. She did mention there was some damage due to Irma. But this is the row of trees, and the buffer should be kind of along there. You'll see in another document where it shows the trees. CHAIRMAN KAUFMAN: Where's the parking lot? Or do you have a picture of that coming up? I don't want to rush you. MS. PULSE: I don't know if I have a picture of the parking lot, but it's on the other side of the building, and there are gaps where, when people pull in to park in their cars, it does shine across to the neighboring community. CHAIRMAN KAUFMAN: Okay. March 25, 2021 Page 31 MR. LEFEBVRE: What's the name of this community? MS. PULSE: This one is Villa of Capri. MR. LEFEBVRE: Where's that? MS. PULSE: It's on Radio and Santa Barbara, kind of a little bit east on Radio but near that intersection. MR. LEFEBVRE: Is that Granada Lakes? MS. RENGIFO: No. First is Granada, then is Villas of Capri by Plantation entrance. So we have the Plantation homeowners, and then, you know, by the lake is divided, you know, just in front of that. MR. LEFEBVRE: I know exactly where you're talking about now. Thank you. CHAIRMAN KAUFMAN: Okay. Those trees aren't new, obviously. They've been there for about the same of time I've been on earth. Okay. MR. LETOURNEAU: So, Dee, the people in these buildings are the ones that made the complaint about the headlights coming in there, or no? MS. PULSE: Well, the people that live in Plantation in the single-family residential properties. MR. LETOURNEAU: Okay. All right. CHAIRMAN KAUFMAN: As you show the pictures, we'll get a better idea. MS. PULSE: I mean, that's just showing that the buffer is not there. Right there you can see a lot of the -- there are a lot of stumps there where possibly -- you know, Irma damage, but there should be a buffer all along that -- CHAIRMAN KAUFMAN: Okay. MS. PULSE: -- tree line. MR. LETOURNEAU: What do you want to do next, Dee? MS. PULSE: How about buffer Type A or Site Development Plan buffer Page 2. I do have the entire landscape Site Development March 25, 2021 Page 32 Plan here. I don't know if you're interested to see that. But this is sections that I took from that landscape file. So all of the highlighted area is the east side buffer Type A. You can see the large circles are the trees, and the small circles are to be where the bushes are planted, and they are missing. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: And these were the buildings that were in your picture? MS. PULSE: Those are the buildings there, yes. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: What do you want to do next? MS. PULSE: Right down -- Type A, Page 9. Let's see what that is. Oh, that is another part of the buffer landscaping in the landscaping documents. It talks about the east boundary should have a Type A buffer. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: So the PUD states that a Type A buffer must be maintained within this PUD, so that's what we're here for. MS. PULSE: Yes, it is missing, and it's not -- it needs to be replaced and maintained. CHAIRMAN KAUFMAN: Okay. Why don't we continue. MS. PULSE: I think that's just a plant list that shows what kind of plants are acceptable in the Type A buffer if you want to see that. CHAIRMAN KAUFMAN: Okay. No. MR. LETOURNEAU: Anything else, Dee, you want to -- MS. PULSE: Not unless you want to show the aerial? CHAIRMAN KAUFMAN: Yeah, I'd like to see the aerial. MS. PULSE: Yeah. MR. ORTEGA: Is -- the property on the other side of that buffer, is that residential single-family? CHAIRMAN KAUFMAN: No; you'll see. March 25, 2021 Page 33 MS. PULSE: There's a pond there, and the properties on the east side of the pond are Plantation community. CHAIRMAN KAUFMAN: Single-family homes? MS. PULSE: Yes. CHAIRMAN KAUFMAN: Okay. MS. PULSE: And the black circle is basically where the major area missing is. I mean, that's where I can point that it might be affecting the properties in Plantation. CHAIRMAN KAUFMAN: Well, whether it -- MS. PULSE: Parking cars. CHAIRMAN KAUFMAN: Whether it affects it or not, it's supposed to be; it's supposed to be. Has the respondent commented one way or the other as to this? MS. PULSE: The respondent? CHAIRMAN KAUFMAN: Yes. Has -- have they said, you're right, we need to do something or -- MS. PULSE: Yes. CHAIRMAN KAUFMAN: -- you're wrong, we don't want to do anything? MS. PULSE: Yes. They are very cooperative, wanting to move forward. I don't know what happened. I don't know if there's -- some other things came up in their situation, but all of a sudden we didn't really have any more communication and -- but Vicki has advised me that she has now hired a landscape architect. MS. RENGIFO: Designer and architect, yes, company. CHAIRMAN KAUFMAN: Okay. You're done? MS. PULSE: Yes. We'll move over. Okay. So you see what the county is showing? MS. RENGIFO: Correct. CHAIRMAN KAUFMAN: And that you have hired somebody to resolve this situation? March 25, 2021 Page 34 MS. RENGIFO: Correct. We are working on it. We already fix an erosion issue that we have because also, beside all the buffers, we lose a lot of irrigation pipes because big trees pull down with hurricane. So we are working on erosion. We are working with the irrigation in order to replace the area that is missing, the vegetation missing over there. CHAIRMAN KAUFMAN: And what kind of time frame do you think? MS. RENGIFO: Okay. I was advised by the inspector that I need authorization from the owners in order to sign in a stipulation and just want to ask six months' time frame to get everything done, you know, erosion, irrigation, and replace the plants that was missing. CHAIRMAN KAUFMAN: To bring it into compliance with what the PUD requires. MS. RENGIFO: Correct. Six months just in case, but I'm on top of that now, and hopefully we're going to do it before. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: I have some questions. CHAIRMAN KAUFMAN: Sure. MR. LEFEBVRE: Is this property -- are these apartments, or are these condo units owned by individual owners? MS. RENGIFO: That is apartment complex, low income. MR. LEFEBVRE: Okay. So it's owned by one owner? MS. RENGIFO: Correct. MR. LEFEBVRE: So it's not like you have to go to multiple people to get approval for this? MS. RENGIFO: No. MR. LEFEBVRE: And when was this case opened? MS. PULSE: It was opened in 2019. MR. LEFEBVRE: 2019? MS. PULSE: Uh-huh, yes. March 25, 2021 Page 35 MR. LEFEBVRE: And when in 2019? Just curious. MS. PULSE: I don't have the exact date it was open. It was pretty early in the year. MR. LEFEBVRE: So nearly two years -- MS. PULSE: A couple months after. MR. LEFEBVRE: Nearly two years we've been dealing with this and asking for another six months. We're coming into raining season soon enough. This is going on for two years. I think that's too long. It's way too long for something like this to be occurring. This needs to be fixed right away. I mean, I don't know how long you've been working on it, but two years of work on this is just way too long. MS. RENGIFO: It's not an excuse, but, you know, we have big damages, 107 units that we have to vacate, having residents over there, in order to get the property again, you know, for -- be ready for occupy; was, you know, roof damages, walls, water penetration inside the units, and we almost, you know, recover for all those damages. MR. LEFEBVRE: Well, Irma happened four -- MS. RENGIFO: Everybody, I understand. MR. LEFEBVRE: Four years now. MR. ORTEGA: Well, you've identified the architect, but who's performing the work? MS. RENGIFO: I have the name on my phone. MR. ORTEGA: Have they given you any timeline as to how long it's going to take? MS. RENGIFO: They request the initial landscape for plants for the property. That was, like, three weeks ago, and we sent all that information. MR. ORTEGA: Once the plans are submitted to the contractor -- March 25, 2021 Page 36 MS. RENGIFO: What is? MR. ORTEGA: Did they indicate how long it's going to take? MS. RENGIFO: I don't have that answer, but I can find out, you know, how long they're going to take. CHAIRMAN KAUFMAN: Well, that's the whole point of the hearing today. Instead of six months, do you want to come up with a reasonable -- first of all, before we go forward -- MR. LEFEBVRE: Right. CHAIRMAN KAUFMAN: -- does a violation exist? MR. LEFEBVRE: I make a motion that one does. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and second a violation exists. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You want to see some progress; is that what you're intimating, Mr. Lefebvre? MR. LEFEBVRE: That would be what I'm looking for, yes, sir. CHAIRMAN KAUFMAN: And approximately when would you like to see some progress? Not that you signed an agreement, but shovel in the ground. MR. LEFEBVRE: Well, I'd like to hear what the recommendation is -- CHAIRMAN KAUFMAN: Okay. March 25, 2021 Page 37 MR. LEFEBVRE: -- because there usually is a recommendation for maintenance of the property and everything, so I'd like to see what that is. MS. PULSE: Okay. CHAIRMAN KAUFMAN: Okay. MS. PULSE: Recommend that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: Number 1, restoring and maintaining the required Type A buffer on the east boundary property line as indicated on the approved landscape plan for the Villas of Capri within blank days of this hearing, or a fine of blank days -- or blank dollars will be imposed until the violation is abated; Number 2, the respondent must notify the 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 using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. MR. LEFEBVRE: Is there anything in there stating the survivability rate of the flower -- or plants? Because we've done that before where it says a certain percentage over X amount of time has to survive. MS. PULSE: I'm not aware. CHAIRMAN KAUFMAN: I would think that either the buffer comes into compliance or it doesn't. Whether the plants die or not is -- MR. LEFEBVRE: Right. MR. ORTEGA: It is the association's responsibility to maintain March 25, 2021 Page 38 that buffer. CHAIRMAN KAUFMAN: Right. MR. ORTEGA: That's part of the SDP. MR. WHITE: If I may, Mr. Chairman, I'm aware that there are those survivability requirements in the Land Development Code. CHAIRMAN KAUFMAN: Okay. It doesn't change the fact that it's not into compliance and it needs to be in compliance. So what we are at now is how many days and how many dollars if it's not done in that time frame. I'm in favor of not giving six months, giving a shorter period of time, and if additional time is required, then come back before the Code Enforcement Board and show us the progress that's been done. Not that we had this signed or that signed. As Mr. Lefebvre said, we are going into rainy season, so we would think that a lot of this stuff would survive. Gerald, do you want to pick some time? MR. LEFEBVRE: Sure. Operational costs, if I'm correct, is 59.28; is that correct? CHAIRMAN KAUFMAN: Yes. MS. PULSE: Yes. MR. LEFEBVRE: Paid within 30 days, 120 days, or a fine of $300 a day. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. ORTEGA: Second. CHAIRMAN KAUFMAN: Okay. We have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. March 25, 2021 Page 39 MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have 120 days to get all your eggs in a row. Start the process. And if it's not done in 120 days, come back to Code Enforcement and say, this is the progress we've made. We may need a little more time. We just don't want to come back, you know, in the 120 days, and it looks just like that again. MS. RENGIFO: Yeah. CHAIRMAN KAUFMAN: Okay? MS. RENGIFO: Thank you very much. CHAIRMAN KAUFMAN: Okay. Thank you. MS. BUCHILLON: Next item on the agenda, No. 5, CEV20200000211, Miguel Cruz Estate. MR. CRUZ: I work for an HOA so I'm like, this is -- we're doing lake development, too. C HAIRMAN KAUFMAN: I think someone took your car. You have a license plate in your hand, but I don't see -- MR. CRUZ: No, it's for a trailer. It's been stolen -- my tag has been stolen three different times, so I don't put it on the trailer usually. I signed an agreement this morning but I guess it wasn't accepted. CHAIRMAN KAUFMAN: Well, we'll find out in a minute. (The speakers were duly sworn and indicated in the affirmative.) MR. CRUZ: Yes, ma'am. MS. McGONAGLE: I do. CHAIRMAN KAUFMAN: Okay. Can you state your name on the microphone for us, sir. MR. CRUZ: My name is Michael Cruz. March 25, 2021 Page 40 CHAIRMAN KAUFMAN: Okay, Michael. MR. CRUZ: Yes, sir. CHAIRMAN KAUFMAN: Michele. MS. McGONAGLE: Good morning. For the record, Investigator Michele McGonagle, Collier County Code Enforcement. This is in reference to Case No. CEV20200000211 dealing with a violation of Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95; numerous unlicensed/inoperable vehicles on the property. Location of the violation: 181 20th Street Southeast, Naples, Florida; Folio 39387120001. Notice of violation was served on January 23rd, 2020, to Mike Cruz. While on patrol January 6th, 2020, I observed numerous unlicensed/inoperable vehicles on the property. I met with the resident, Gabriel, and gave him a warning requesting that the vehicles be repaired and a valid license plate attached, they're stored in an enclosed building, or removed from the property by Januar y 20th. On site, January 20th -- January 21st, 2020, and observed the violation remained, and there was no contact from the property owner. A notice of violation was prepared and served to Mike Cruz on January 23rd, 2020. On February 24th, 2020, I met with the property owner's son, Mike Cruz. He said the vehicles would be removed from the property after he sets up an escrow account for his father's estate. Several site visits were made, and violation remained. On July 21st, 2020, the case was prepared for a hearing, but due to probate, additional time was granted; however, the violation remains, and the case was rescheduled for a hearing. As of March 25th, 2021, the violation remains. March 25, 2021 Page 41 I would now like to present case evidence in the following exhibits: Three pictures taken by me on September 15th, 2020, and three pictures taken by me on October 1st, 2020. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: Do you have any objection to those photos? MR. CRUZ: No, not at all. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion. MR. BLANCO: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Do you want to give us a little narrative as -- those are vehicles on the property. Is that a -- MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: -- three-acre property, five-acre property? MR. CRUZ: Acre and a quarter. MS. McGONAGLE: And that vehicle is in the front yard without a license plate. March 25, 2021 Page 42 CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: And then you can see there's a trailer to the left of the bushes right there. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: Didn't have a valid license plate on it, which he does have now, as he explained. The burgundy SUV, there's another car behind it. And then what you see there is the red car on the left is the one you could see in the previous picture as well as the tan SUV, and then there's a white truck in the background there that is also without a valid plate. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: This is a picture that was taken from the road looking toward the side of the property so that you can kind of see all the vehicles at the same time. Same thing; this is just another picture showing that the vehicle remained. That's it. CHAIRMAN KAUFMAN: Okay. Do you have any additional testimony? MS. McGONAGLE: No. CHAIRMAN KAUFMAN: Okay. We come over to you, Michael. MR. CRUZ: My problem is that those cars don't belong to me. My estate's still under probate with my father's stuff, and this is -- the people that called my sister owns one of those cars. So I would -- I went to this court last time, not the Board, but the court, and I asked them to give me one of those papers to have them removed so I can legally remove them instead of stealing -- them accusing me of theft, of stealing their cars. I've since been in touch with both the sisters, and they've agreed to remove their stuff this weekend. I got the text messages today. I can show it to you if you want. March 25, 2021 Page 43 So I'm not evading the court. It's just a matter of being accused of theft or not, you know, or going to jail. The property's still under probate. It will remain that way probably for a little bit more while my lawyers work it out with the -- there's eight siblings involved, so it's a mess. And as far as the burgundy SUV, I explained to her this morning, I'll put a tag on that. That's salvageable. The truck is -- the white truck is also mine. I don't mind cleaning it out and getting rid of it. It's worthless to me. I should have done it by now, to be honest with you, but I haven't. But I'll put my kids on it. You know, my one oldest son stays home. He can clean it out for me, and I can have it towed out. I have titles for it. As far as the other ones, you know, the red car is another sister's of mine, the white SUV's a sister's of mine, and then the tan SUV is under my father's name, so it's still under the estate, but I'm just going to get rid of it. And then any money that's taken from getting rid of the cars I'll put in an escrow account and just -- noninterest bearing so nobody accuses me of nothing, you know. That's where -- that's where -- I just don't want to be in jail, you know. But I went to the last court, and they gave me plenty of time, I'll be honest with you. They did. But me and my sisters don't talk v ery well. You know, they -- you know, they stole a lot of my dad's stuff when he died. My brothers did, too. They cleaned out everything and left that shell of a house. So all I can say is I signed an agreement for 60 days this morning, and if they don't remove them by 60 days, I'll take the chance and have them removed, you know, and see what happens. CHAIRMAN KAUFMAN: Okay. Let me first ask the Board, do they think a violation exists? MS. ELROD: Violation exists. March 25, 2021 Page 44 MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: (Absent.) MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So I'm going to go back to you, Michele. Do you have a suggestion for us? I heard the respondent say -- MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: -- he had something, 60 days. MS. McGONAGLE: Yes. He was going to sign a stipulation, but because he has no documentation showing that he's a representative for the estate, he could not sign the stipulation agreement. So the recommendation is that the Code Enforcement Board orders the respondent to pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: Number one, repairing and/or affixing a current valid license plate to each vehicle in violation or store these vehicles in a completely enclosed structure or remove offending vehicles from Estates-zoned property within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Number 2, the respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct a March 25, 2021 Page 45 final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the as sistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. I'm not positive of the law. I think I know what it is, but I'll ask ahead of time. If somebody comes to my house and parks a vehicle on my front lawn, can I have it towed away? MR. WHITE: I believe the law would consider it to be abandoned. CHAIRMAN KAUFMAN: Okay. And -- MR. WHITE: However, the testimony today is that the gentleman appearing here, Mr. Cruz, has knowledge of who the owners are and, I presume, believes them to be properly titled through those owners. It sounds like they're his siblings. So it's a little bit different fact pattern than a circumstance where someone had abandoned the vehicle and you didn't know who it was and you can hire a towing company and they may come and remove it. It sounds like the gentleman has a bit of experience with vehicles and title and having them removed if they're abandoned or disposed of in a wrecking yard. So I think the simpler answer to your question is, I understand his position, and I believe if I were in his circumstances, I wouldn't be having them removed under my authority; meaning, I believe he would have jeopardy. Legal jeopardy. CHAIRMAN KAUFMAN: Okay. Well, I disagree, but that doesn't mean anything one way or the other. MR. WHITE: It's up to the deputy, isn't it? CHAIRMAN KAUFMAN: Well, if I know you and you left a car on my front lawn, it would be gone . March 25, 2021 Page 46 Jeff, you're going to leave your car on my lawn? MR. LETOURNEAU: I would say I agree with Mr. White; however, there is a towing ordinance. I think that on private property you can put up signs, and from this guy's testimony, he has contacted the car owners. You know, if you document that and you put the signs up there, I think there's a lot of towing companies that would come in there and take those cars out of there. CHAIRMAN KAUFMAN: Yes. I managed a condominium association. That's what we did. We put up a sign, and then if someone parked there illegally, it could be -- and it could have plates on the car -- MR. CRUZ: I understand. CHAIRMAN KAUFMAN: -- also. You call them; they take it away. Period. MR. CRUZ: I get you. MR. LEFEBVRE: When do you think your father's estate might be settled? MR. CRUZ: We were hoping six months ago it would be settled by now, but there's one hold-off, and that's one of my youngest siblings that owns the white car. And I've made offers and offers, and we have the one hold-out. So as soon as she agrees to the terms, it should be over with. I mean, she's the only one. MR. LEFEBVRE: And who's this property going to transfer to? MR. CRUZ: Me. MR. LEFEBVRE: You? MR. CRUZ: Yeah. I have put a cash offer on the house, and I have the cash to pay for it and the property and everything. It's just -- it's a spite thing right now; you know, a family disagreement. You know, there's eight of us that own the estate. MR. LEFEBVRE: Do you think it would be -- 90 days would be suitable to get this -- March 25, 2021 Page 47 MR. CRUZ: Of course. Like I said, I'll remove them anyways. I'll take the chance. I don't mind. You know, I work for an HOA, so I understand where all you guys are coming from. You know, I hear all kinds of crap all the time from people, so -- but I think if you gave me the 60 or 90 days, that I'll have them towed out regardless. And then I'll use this hearing as a -- as a background for me that, hey, I had to go to all these things, and you guys didn't take them out. MR. LEFEBVRE: Well, the other option, too, is if there's one hold-out -- does that person have a vehicle on the property? MR. CRUZ: Yes. MR. LEFEBVRE: So move all the other cars and leave that one on the property. MR. CRUZ: Okay. MR. LEFEBVRE: And you're substantially completing our order within, let's say, 90 days, and you come in front of us, if we agree to that, and say, I need a little more time. This one sister's still holding out, and we'll take that into consideration, but I think there has to be some kind of -- MR. CRUZ: Movement. MR. LEFEBVRE: Thank you very much. MR. CRUZ: I get you. I completely understand. MR. LEFEBVRE: So I make a motion that the operational costs of 59.28 be paid within 30 days, a fine of $150 a day after 90 days -- MR. CRUZ: That's fair. MR. LEFEBVRE: -- be imposed. MR. CRUZ: That's fair. MR. WHITE: And could you just state on the record who the personal representative is, if you know. MR. CRUZ: I'm the only one that has a lawyer and is involved in this. Nobody else does. So I've been representing the estate. You talking about my lawyer? March 25, 2021 Page 48 MR. WHITE: I'm talking about the estate having a personal representative being designated. MR. CRUZ: We don't -- I'm just the only one with the lawyer fighting with the one. We don't have a -- my dad never did a will. He died unexpectedly in the passenger's seat of my car one day. MR. WHITE: I'm sorry to hear that. MR. CRUZ: That's all right. MR. WHITE: No letters of administration have issued then? MR. CRUZ: No. MR. WHITE: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. We have a motion. We have a second? MS. BOWMAN: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Ninety days. Good luck. MR. CRUZ: Thank you, sir. CHAIRMAN KAUFMAN: And if a car disappears in the middle of the night, you know, what can I tell you? MR. CRUZ: It was probably stolen; I don't know. Have a good day. Thank you very much. MS. BUCHILLON: Next item on the agenda, No. 11, CELU20200002226, John D. Harlem and Megan K. Harlem. March 25, 2021 Page 49 (The speakers were duly sworn and indicated in the affirmative.) MR. HARLEM: I do. MR. ASARO: I do. CHAIRMAN KAUFMAN: Okay, Tony. You're up. MR. ASARO: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. ASARO: We have Mr. Harlem present today. I don't know if you want to let him speak first. CHAIRMAN KAUFMAN: Well, generally you go first unless there's some request that we should know about before. MR. ASARO: Okay. CHAIRMAN KAUFMAN: Do you have pictures and stuff? MR. ASARO: I do. CHAIRMAN KAUFMAN: Okay. Let's start with that. MR. ASARO: Okay. I'll start with the presentation. Did you want to see the photos first? CHAIRMAN KAUFMAN: Why don't you -- first of all, how many photos do you have? MR. ASARO: I just have one photo. CHAIRMAN KAUFMAN: And the respondent has seen the photo? MR. ASARO: He has seen the photo. CHAIRMAN KAUFMAN: Do you have any objection to that photo being introduced? MR. HARLEM: I do not. CHAIRMAN KAUFMAN: Okay. Get a motion from -- MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion to accept the photo. MR. BLANCO: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? March 25, 2021 Page 50 MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. You can show us the picture and -- MR. LEFEBVRE: How about explaining the case first and then -- CHAIRMAN KAUFMAN: Well, it will probably go with it. Go ahead. MR. ASARO: Okay. For the record, Tony Asaro with the Collier County Code Enforcement Department. This is in reference to Case No. CELU20200002226 dealing with a violation of the Collier County Land Development Code 04-41, Section 1.04.01(A) and Section 4.06.05(1)(D) and (7). Property's located at 6091 Wax Myrtle Way, Naples, Florida, 34109. On March 3rd, 2020, I conducted a site visit and observed synthetic turf installed throughout the property. To date the property owner has failed to correct the violation. I would like to present case evidence in the following: One photo dated by -- taken by myself and dated March 3rd, 2020. CHAIRMAN KAUFMAN: I see the photo. Grass is green. MR. ASARO: Beautiful synthetic turf. CHAIRMAN KAUFMAN: Probably reported by somebody who cuts grass. Go ahead. MR. ASARO: Okay. March 25, 2021 Page 51 MR. ORTEGA: Looks familiar. CHAIRMAN KAUFMAN: That entire area there is the synthetic -- MR. ASARO: That's the synthetic turf in the front area. CHAIRMAN KAUFMAN: And the code says 30 percent? Not to exceed 30 -- MR. ASARO: It's not to exceed the allowable area of 30 percent. MR. LEFEBVRE: It says rear yard. MR. ASARO: Of the rear yard, but this is in the front year. So he can't have it in the front yard. MR. LEFEBVRE: At all? MR. ASARO: At all, according to the code. MR. LEFEBVRE: Okay. So then why doesn't it say synthetic turf installed in property exceeding lot -- not allowed in the front of the area, front yard? MR. ASARO: Well, you mean in the notice of violation? MR. LEFEBVRE: Yeah. MR. ASARO: Well, it's a little typo error on my part. MR. LEFEBVRE: It's a -- to me, I think it's a -- it's a whole different description. So it's a little more than just a typo. I'm not sure -- CHAIRMAN KAUFMAN: Eric, you're coming to the rescue here. MR. SHORT: I'll try. (The speaker was duly sworn and indicated in the affirmative.) MR. SHORT: I do. Supervisor Eric Short with Collier County Code Enforcement. Jeff, if you could pull up -- there is a copy of the ordinance that was cited, and there's a highlighted section that may clarify a little bit. MR. LEFEBVRE: Okay. March 25, 2021 Page 52 MR. ORTEGA: Does the association have any issues with this? MR. LEFEBVRE: What community is this in? MR. HARLEM: Tall Pines. MR. LEFEBVRE: Thank you. CHAIRMAN KAUFMAN: Is there an official HOA in Tall Pines? MR. HARLEM: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. SHORT: And as you can see in the highlighted section it says may not be used in any landscape areas except in the rear yard and at that 30 percent. MR. LEFEBVRE: I think the description could -- the description could have been a little clearer on here to spell out specifically that it's not allowed in the front yard. CHAIRMAN KAUFMAN: Okay. MR. SHORT: I don't think the respondent is arguing whether or not he's in violation. I believe he's seeking to change the ordinance. MR. HARLEM: Yes. I'm requesting a six-month extension. I've been working with multiple people at Collier County. Most major cities in Florida have changed the ruling. They're going to allow turf throughout the yard. Marco Island does it. The City of Naples does it. It, you know, goes in with the Florida landscape ruling where they want to conserve water and protect water. The turf is permeable. I just was granted a petition with the Board for April 27th. I'm working with Cormac Giblin, Collier County Planning and Development. He's looking into the rule and, if other cities are changing the rule, to be able to change it in Collier County as well. MR. LEFEBVRE: So is your whole yard all -- MR. HARLEM: Yes, sir. MR. LEFEBVRE: Okay. How far along are you in that March 25, 2021 Page 53 process? MR. HARLEM: Well, I just was granted the April 27th meeting yesterday with Corbin [sic]. He just picked up the case with the petition, so... MR. LEFEBVRE: I'm wondering if this might be better just to pull this and let the county work through the normal process to see where we're at in maybe three months, four months, than to fine him for something that might be changed. What's the thought of the Board? CHAIRMAN KAUFMAN: I agree. MS. ELROD: I like that. MR. SHORT: The county is not in a position to withdraw the case. You may continue the case. And the reason for that is we could have every respondent do that. We don't like the code. We're in violation of the code. Let's change the code. So we're not in a position to say we're willing to give you time to do that but, by all means, if the Board would like to do so, at least to see if the commissioners entertain it on April 27th. MR. LEFEBVRE: Right. MS. BOWMAN: There are other homes in that neighborhood that have that turf, too, right? MR. HARLEM: Correct. CHAIRMAN KAUFMAN: Is it the HOA that's going -- MR. HARLEM: It's one neighbor who's complained about multiple people in the neighborhood who have -- if they have a shrub in the wrong place or a tree that they don't like where it's at, it's one person that complains about everybody. MS. ELROD: There's always one. CHAIRMAN KAUFMAN: Okay. Are you finished, Tony, with your presentation? MR. ASARO: Yes. March 25, 2021 Page 54 CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Make a motion to continue the case for six months. MR. LEFEBVRE: Well, we have to find that there's a violation. CHAIRMAN KAUFMAN: We need to have the respondent be able to testify also. MR. WHITE: But I was referring to what Gerald was saying, and since he's going through that process with the county, to not even hear the case at this moment. Since the county won't withdraw it, just continue without finding the respondent in violation since we don 't know what -- CHAIRMAN KAUFMAN: Well, we have to find -- we'd have to find them in violation in order to continue it; otherwise, we just dismiss it. MR. LEFEBVRE: Right. And I don't think we -- typically, when something like this comes up, the county withdraws the case, but since they're not willing to do that, I think we're bound to make a ruling. But if it is allowed by Land Development Code in the future, then this case would just go away. MR. ORTEGA: Can we say something like there is a violation; however, to date, subject to changing the Land Development Code. Because it's exactly what you said, he removes it tomorrow, and a week later they allow it. MR. LEFEBVRE: Right. CHAIRMAN KAUFMAN: You know, there's two things: I want the respondent to testify, number one. Number two, this is in an HOA. This is not, you know, on my street, for instance. So HOAs have the ability to imposed rules that are not in the LDC. MR. ORTEGA: But they haven't. CHAIRMAN KAUFMAN: I don't know, because we haven't spoken with the respondent yet. So why don't you testify, let us March 25, 2021 Page 55 know what's going on, what the HOA says, do they have their own separate rule on this, et cetera. MR. HARLEM: There's no ruling in the HOA for it. I was actually the vice president of the HOA until the last meeting, which was a month ago. They want to -- this one neighbor wants to add it into the new docs when new docs are done, to not allow it further moving forward. But as of now, there's no ruling against artificial turf. CHAIRMAN KAUFMAN: Okay. That clears up some of this. So the HOA hasn't prohibited you from this? MR. HARLEM: No, sir. CHAIRMAN KAUFMAN: This is strictly the county? MR. HARLEM: This is one neighbor who's made complaints. That's it. CHAIRMAN KAUFMAN: Okay. And you feel that you'll be in a better position to respond to this three months from now, six months from now? MR. HARLEM: I feel the county will look into changing the ruling because, again, you know, most major cities in Florida are going to it. I was told by the county in that department it's an old ruling and that they're going to look further into it to change it. Many, many yards all over Collier County have it front to back. CHAIRMAN KAUFMAN: Okay. MS. ELROD: How many in your development have it? MR. HARLEM: There's only two in my development. One -- mine is front and back and the other one is in their back. CHAIRMAN KAUFMAN: Well, based on the code, the LDC code, I think we are in a position that we need to find that a violation exists, and then how we handle the violation is the next step. So anybody want to make a motion that a violation exists? MR. LEFEBVRE: A make a motion a violation exists. March 25, 2021 Page 56 CHAIRMAN KAUFMAN: Okay. And I second it. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So a violation exists. Now, what do we do about it? Do you have a suggestion for us, Tony? MR. ASARO: Well, I've been working with John. John's been very cooperative. I mean, my suggestion would be, is to put a hold on it, because if they do change the ordinance, he has to spend money to replace it. But I'll read the recommendation to you. CHAIRMAN KAUFMAN: Okay. MR. ASARO: Okay. Code Enforcement Board orders the respondent to pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: One, must replace all synthetic turf with approved Collier County grass/turf except in the rear yard area for recreation that is no greater than 30 percent of the rear yard previous [sic] area within blank days of this hearing, or a fine of blank dollars will be imposed until the violation is abated; Number two, the respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct the final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any March 25, 2021 Page 57 method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. I would suggest to the Board that -- to follow your direction, and I get the feeling of the Board that we give this all kinds of time to be resolved, and then hopefully things will be straightened out by that time. MR. LEFEBVRE: Mr. Harlem, have you been given a time frame it will take to get this changed? MR. HARLEM: I just started working with Cormac Giblin with the Planning Development Department. I sent him a bunch of information yesterday. He said he's going to look into it; he's going to speak with the other counties that are allowing it. I gave him information on those counties, so I would think six months would be -- CHAIRMAN KAUFMAN: I was thinking more in the line of 365 days. MR. LEFEBVRE: Yes. So this is what I would propose is pay the operational costs of 59.28. CHAIRMAN KAUFMAN: Within 30 days. MR. LEFEBVRE: Well, I'm just thinking that it really shouldn't be any costs to him if it gets -- CHAIRMAN KAUFMAN: Resolved? MR. LEFEBVRE: -- resolved. CHAIRMAN KAUFMAN: Well, we have the ability to extend that 30 days to whatever we want. MR. LEFEBVRE: Okay. How about making it -- I guess it doesn't matter, because he can come back in front of us and ask for fines to be reduced. So let's say within 30 days and give him 360 days or a $50 fine a day. March 25, 2021 Page 58 CHAIRMAN KAUFMAN: Make it 365. MR. LEFEBVRE: Three sixty-five fine. CHAIRMAN KAUFMAN: It's a round number. It's not, but what -- okay. We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck to you. MR. HARLEM: Thank you. CHAIRMAN KAUFMAN: And let me know when you get the -- Okay. We're going to take a 10-minute break right now for Ms. Fingers. (A brief recess was had from 10:28 a.m. to 10:40 a.m.) CHAIRMAN KAUFMAN: Okay. Next on the agenda. MS. BUCHILLON: Actually, we're going to bring up No. 10; under Motion for Imposition of Fines, No. 10. The gentleman has some health issues so he has to leave. CESD20200001059, St. Luc Charelus and Masina Charelus. (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: I do. MR. CHARELUS: I do. March 25, 2021 Page 59 CHAIRMAN KAUFMAN: If you give me a minute, I'll try and find the case. MR. CHARELUS: Good morning. My name is St. Luc Charelus. CHAIRMAN KAUFMAN: Okay. Joe? MR. MUCHA: Good morning. CHAIRMAN KAUFMAN: Good morning. I'm reading the one line on here: This violation has not been abated; is that correct? MR. MUCHA: That is correct. The gentleman has -- for the record, Joe Mucha, Supervisor of Collier County Code Enforcement. The gentleman has submitted a permit application, and it -- there was some corrections that needed to be made, and I believe he just resubmitted those corrections. I mean, unfortunately with them being so backed up over there, they haven't started to review those corrections yet. But I think he's here to ask for some additional time, and he has paid his operational costs. CHAIRMAN KAUFMAN: Okay. So you're asking for a continuance? MR. CHARELUS: Yes, because -- I'm not going to go over every single aspect of my case, but I already pay -- I already ask for stipulation. That's over. But now my case is under review now. CHAIRMAN KAUFMAN: Let me see if I can explain something. The case that's before us is the implementation of the fine. So if you want us to delay hearing this, you would request a continuation. You can't get a -- because it still shows as a violation existing, we can't go in there and grant a stipulation or anything else. MR. CHARELUS: No. In my mind there is a confusion because the time I receive that paper, I come from the county at the same time. But last Tuesday, yesterday, on Tuesday, I receive a phone call from the county because in that paper I have i n my hand they rejected my application because they need to -- some corrections March 25, 2021 Page 60 need to be made. CHAIRMAN KAUFMAN: Okay. MR. CHARELUS: I already submitted the correction. CHAIRMAN KAUFMAN: We're not here to hear the case. We're only here to hear the violation and impose the fine. MR. CHARELUS: Okay. CHAIRMAN KAUFMAN: So if you think you have this thing just about resolved, what you should do is request a continuation of this -- MR. CHARELUS: Okay. CHAIRMAN KAUFMAN: -- so that the next time I see this paper it will say that the violation has been abated. Am I making myself somewhat clear? MR. CHARELUS: Yes, that will be clear. CHAIRMAN KAUFMAN: Okay. So why don't we start again. What would you like to do? MR. CHARELUS: I want an extension because they are working on that. CHAIRMAN KAUFMAN: Okay, good. Good. So -- and how much of an extension do you think you need, an extension -- you need a continuance. How much time do you think you need to get this into compliance? MR. CHARELUS: According to my understanding, I think 90 days is enough because every single paper has been submitted, I think that's not a big issue. CHAIRMAN KAUFMAN: Okay. Let me ask another way. It says this was a rear addition built without a permit. So you are -- it's built already? Has it been built already? MR. MUCHA: If I could just interject. Yes, the work has been done. CHAIRMAN KAUFMAN: Okay. So to make this into March 25, 2021 Page 61 compliance, he would need a building permit issued and then the necessary inspections. MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: And then this would come back for imposition, only it would say that the violation has been abated. MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. And he's saying he needs 90 days. Does the county concur? MR. MUCHA: I think that's fair, because from the minor corrections I see here, I think 90 days would be sufficient. CHAIRMAN KAUFMAN: Okay. So anybody from the Board like to make a motion? MS. BOWMAN: I'll make a motion to grant a continuance of 90 days. MR. LEFEBVRE: Second. MR. BLANCO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. You have 90 days to get everything done. If it's not done, you need to come back here -- you probably need to come back here anyhow because the fine's still going on until it's cleared up. MR. CHARELUS: Okay. March 25, 2021 Page 62 CHAIRMAN KAUFMAN: Joe would be glad to tell you all the ins and outs of this. MR. CHARELUS: Okay. CHAIRMAN KAUFMAN: Okay? Thanks, Joe. MR. CHARELUS: Thank you so much. CHAIRMAN KAUFMAN: Thank you. MS. BUCHILLON: Next item on the agenda under Imposition of Fines, No. 5, CESD20180006559, Anthony J. Baldoni and Dana S. Baldoni. MR. ORTEGA: I'm going to have to recuse myself from this case. CHAIRMAN KAUFMAN: Sure. MR. ORTEGA: His information was submitted yesterday, but he can't see it online. CHAIRMAN KAUFMAN: Okay. So you need to sign a slip from -- MR. ORTEGA: Yes. CHAIRMAN KAUFMAN: -- our attorney. (The speakers were duly sworn and indicated in the affirmative.) MS. PULSE: I do. MR. BALDONI: I do. Good morning. My name is Anthony Baldoni. Irma has caused a lot of us a lot of grief, and I hired a contractor to come in and correct some things. As you heard previously with other respondents, the contractor did not pull the permit. I was out of town. Subsequently, I got a notice that I was out of compliance, and here we are. So I hired Mr. Ortega to walk me through the process. This was December of '19, 2019, and paid him a considerable fee in full, 3,500 bucks, to get it done. I was leaving December 1st to go to my wife's March 25, 2021 Page 63 country. We were going to be gone for a month, and he assured me that if he was paid in full that we would be through this process and, by the time I got back, everything would be completed. Fast forward here, 2021, and I have nothing but it delays, procrastination, and excuses. And I'm at my wits end. I don't know what to do. I have completed all the requirements including sending him pictures three separate times of the grounding work that needed to be done for the spa. So I would like to ask, you know, a commitment from him as to when it's going to be done. I've taken care of all my responsibilities. Dee and I have been in constant communication through this process. I have responded quickly whenever she wanted something. I have gone several times to Mr. Ortega to try to get this rectified. So what I'm asking for is 90 more days to get Mr. Ortega time to complete the work he's been paid to do and fulfill his obligation, as I have done mine. CHAIRMAN KAUFMAN: Okay. So this, similar to our previous case, is showing that the violation has not been abated. You think you need 90 days' continuance on this -- MR. BALDONI: Correct. CHAIRMAN KAUFMAN: -- to get all the ducks in a row? MR. BALDONI: Correct. And I was assured that some paperwork was submitted last night in, you know, the crucial closing hour of 5:00 p.m., which is not showing up today. So apparently we're heading in the right direction, and I'm hoping that 90 days additionally we can get this over the goal line. CHAIRMAN KAUFMAN: Okay. The county have any objection? MS. PULSE: I have no objections. CHAIRMAN KAUFMAN: Anybody like to make a motion from the Board as to a continuance? March 25, 2021 Page 64 MS. BOWMAN: I make a motion to grant a continuance of 90 days. CHAIRMAN KAUFMAN: Okay. We have a motion to grant a -- MS. ELROD: The second. CHAIRMAN KAUFMAN: -- 90-day continuance, and then we have a second. The second almost came out before the first. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: (No verbal response.) MR. ORTEGA: (Sustained.) CHAIRMAN KAUFMAN: Opposed? (No response.) MR. WHITE: For the record, Mr. Chairman, Mr. Ortega will have abstained, so it will be five with one abstention. CHAIRMAN KAUFMAN: Okay. MR. BALDONI: Thank you. MS. PULSE: Thank you. MS. BUCHILLON: Next item, No. 9, CESD20190010811. CHAIRMAN KAUFMAN: This is hearings? MS. BUCHILLON: NAFDOF02, LLC. CHAIRMAN KAUFMAN: Is this an imposition or -- MS. BUCHILLON: Oh, I'm sorry; imposition. (The speakers were duly sworn and indicated in the affirmative.) MR. DELIA: I do. MR. VAGNER: I do. THE COURT REPORTER: Could I get your name. MR. VAGNER: Alex Vagner, V-a-g-n-e-r; V as in Victor. March 25, 2021 Page 65 CHAIRMAN KAUFMAN: Excuse me for one minute. MR. VAGNER: That's okay. CHAIRMAN KAUFMAN: Okay. We're all on the same page now. Good morning. MR. DELIA: Good morning. MR. VAGNER: Good morning. CHAIRMAN KAUFMAN: Unlike the others, this one looks like the violation has been abated. Do you want to give us a rundown on this or read through it -- MR. DELIA: Sure. CHAIRMAN KAUFMAN: -- into the record. MR. DELIA: For the record, Jack Delia, Collier County Code Enforcement. Violations: Collier County Land Development Code 04-41 as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06 (B)(1)(e)(i). Location is 290 Leawood Circle, Naples, Florida. Folio is 54670003409. Description: Changing exterior door and replacing toilets without required permits. Past orders: On August 28, 2020, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5817, Page 3096, for more information. The violation has been abated as of March 19, 2021. Fines and costs to date are as follows. Fines have occurred at a rate of $200 per day for the period from December 27th, 2020, to March 19, 2021, 83 days, for a total fine amount of 16,600. Fines continue to occur. Previously assessed operational costs of 59.53 have been paid. March 25, 2021 Page 66 Operational costs for today's hearing is 59.35. CHAIRMAN KAUFMAN: Okay. And you are here to request something, I'm guessing? MR. VAGNER: Well, him and I, we were thrown into this case without knowing what's going on. I'm the property manager for the company, and I inherited this and I had to fix the situation, and we did, as you can see. And I'm asking for lenience not to have those humungous fines levied to the property. CHAIRMAN KAUFMAN: Okay. This was -- Leawood Circle. Is that a condo? MR. VAGNER: No. It's single-family homes in a nice community on Leawood. CHAIRMAN KAUFMAN: Okay. And you said you were thrust into this. You're not the owner of the property? MR. VAGNER: No. I'm the property manager. CHAIRMAN KAUFMAN: Okay. And you have the authorization to speak for the owner of the property? MR. VAGNER: Yes. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? MR. ORTEGA: Just one. Whenever we get into a situation like this where they have the authorization to speak on the owner's behalf, are they supposed to provide any paperwork? CHAIRMAN KAUFMAN: They are. MR. VAGNER: I'm an employee of NAFDOF, the ownership, the company that owns the property, so -- MR. ORTEGA: Thank you. I mean a power of attorney. MR. VAGNER: I do not have one. Again, I'm an employee, so... MR. ORTEGA: I'm speaking to the Chairman. MR. VAGNER: I'm sorry. March 25, 2021 Page 67 CHAIRMAN KAUFMAN: Yeah. That is ordinarily the way we go, because you could be anybody. We don't know who you are. We have no authorization, et cetera. Jeff, do you have any comment on this? MR. LETOURNEAU: I think that he doesn't have proper authorization to be up here; however, I do think you can entertain his testimony or input due to the fact that he is an employee and take that, you know, as part of the evidence supplied. But I think that, depending on how you go with this, this is one of these ones that, you know, normally there is some sort of adjustment of the fines, so... CHAIRMAN KAUFMAN: Okay. Anybody -- MR. VAGNER: May I point out that when we got the extension with Officer Latoya Thompson, I provided that power of attorney. And you will see when we ask for the 120 days' extension, I had that, so you can see my signature on that extension document, so... CHAIRMAN KAUFMAN: Okay. MR. VAGNER: The stipulation agreement was signed August 26th. CHAIRMAN KAUFMAN: Yeah, the past order on this was August, last August. MR. VAGNER: Yes. CHAIRMAN KAUFMAN: Is there any reason why it took so long? MR. VAGNER: Yes. So -- if I may speak? CHAIRMAN KAUFMAN: Sure. MR. VAGNER: Like I said, I was thrown into this right after the pandemic started, because the previous property manager, a young kid, was in charge with it, hired the wrong vendors without licenses. Officer Latoya Thompson stopped the work, and we were supposed to get the agency involved to get the permitting and then March 25, 2021 Page 68 continue the work; however, he left. I had to take over somewhere in May. And then I called the code compliance office trying to speak with Officer Latoya. Unfortunately, I couldn't; however, back in June or July I met with her at the property by accident, which was great. We had a good relationship going. And that's when she said, well, we have to go in front of the Board but, here, we can give you 120 days extra if you want to do it. Then, unfortunately, how it happens, in September, my mom decided to have a heart attack back in Ea stern Europe, so I had to fly there. I couldn't come back till end of September, and then I tried to get the other GCs involved. So it took a little longer to get the old GCs t hat pulled permit to cancel it. Then the new GC, Palo Alto, Mr. Don Ewy, we p ulled a new one and then tried to get the right people to install the doors; was even harder because the permit is about the hurricane doors. So just to give you an example of gouging, the company gave me $4,000 as a quote to install two hurricane doors on a wood frame house. Which I don't know about you, but I think it's too much. So long story, we did get in touch with everything. Just another example, the permitting required an electrician and a plumber to sign affidavits that the property is in good standing order. That cost me $200 even though they haven't done anything to the property. So finally we finalized it. The gentleman here helped me out through all the process. We finalized the permitting and everything, but these fines are still standing, so that's why I'm here today to ask for leniency. CHAIRMAN KAUFMAN: So you cured the problem using affidavits? MR. VAGNER: Yes, yes. March 25, 2021 Page 69 CHAIRMAN KAUFMAN: Okay. Anybody from the Board want to make a -- MS. ELROD: I'll make a motion to deny the county the imposition of fines. MR. BLANCO: I'll second. CHAIRMAN KAUFMAN: Okay. We have a motion and second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. VAGNER: Thank you. CHAIRMAN KAUFMAN: You're free. MR. VAGNER: Thank you very much. MR. WHITE: The costs? MS. ELROD: Total fine. CHAIRMAN KAUFMAN: Okay. MR. VAGNER: Thank you. MR. DELIA: Thank you. MR. ORTEGA: By the way, the question with regards to the power of attorney is with regards to legality for anyone that comes here before us. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Next item under imposition of fines, No. 11, CESD20200004952, All Building and Maintenance, LLC. March 25, 2021 Page 70 (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: I do. MR. HADJUK: I do. MS. BUCHILLON: Mr. Kaufman? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: There is some change on the operational costs that was paid, so the amount is going to be different from the sheet you have. CHAIRMAN KAUFMAN: Okay. THE COURT REPORTER: Could I get your name? MR. HADJUK: Norbert Hadjuk. THE COURT REPORTER: What is it? MR. HADJUK: Norbert Hadjuk. CHAIRMAN KAUFMAN: Okay, Joe. MR. MUCHA: Good morning. For the record, Joe Mucha, supervisor of Collier County Code Enforcement. This is dealing with a violation of the Collier County Land Development Code 04-41, as amended, Sections 10.02.06 (B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). The violation location is 302 Pinehurst Circle Naples. Folio No. 67030560003. Description of the violation was renovations and alterations including, but not limited to, drywall, kitchen cabinets, and windows. Past orders: On November 20th, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5874, Page 359, for more information. The violation has not been abated as of March 25th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from February 19, 2021, to March 25th, March 25, 2021 Page 71 2021, 35 days, for a total fine amount of $7,000. The fines continue to accrue. Previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing is $59.42, for a total fine amount of $7,059.42. CHAIRMAN KAUFMAN: Okay. Sir? MR. HADJUK: Yes. MS. BOWMAN: They have been paid. CHAIRMAN KAUFMAN: I know. MS. BOWMAN: Okay. CHAIRMAN KAUFMAN: I think Joe corrected that. MS. BOWMAN: Sorry. I just wanted to make sure. CHAIRMAN KAUFMAN: Okay. So you're here to request something. MR. HADJUK: Well, I'm -- two things. Well, I would like a continuance on it to -- I do have a permit right now that is rejected that we submitted for. But the items that they wanted for me to -- they wanted some -- a floor plan of the house and a couple of other descriptions, but I did not submit anything yet because I wanted to add onto that for some additional work that I'm going to be doing, you know, in the future that I haven't started yet. And just, pretty much, the reason I was doing that is not to have two permits on the property. CHAIRMAN KAUFMAN: The problem with doing something like that is these fines continue to accrue daily. MR. HADJUK: That was my second request, to have them put on hold because, I mean, they're -- you know, it's not like it's being ignored. It's being worked on. It's just -- and there were minor items and Jonathan -- originally, I had a stop work order, and Jonathan Walsh lifted that for me. And, you know, most of the work that was done on the house was cosmetic. There was tile. There was drywall, March 25, 2021 Page 72 painting, trim doors, a couple items that needed a permit were a pplied for, but I got a rejection on it, and the reason I didn't follow up with that was, you know, to add the other ones. I understand your point that it's occurring. And to be honest with you, I didn't even realize that they were occurring. And I thought, like from this date state they would have occurred, after this hearing but, you know, if -- CHAIRMAN KAUFMAN: On November 20th is when the order was signed. MR. HADJUK: Correct. And I had a stipulation, I think, that granted, like, three months on it or something like that. CHAIRMAN KAUFMAN: Right. And that was in November. MR. HADJUK: Correct. CHAIRMAN KAUFMAN: November to December to January to February. MR. HADJUK: Correct. CHAIRMAN KAUFMAN: So this is accruing the fines from February to today. MR. HADJUK: Correct. CHAIRMAN KAUFMAN: Right? Okay. Any comments from the county? MR. MUCHA: I mean, I know we tried to reach out to you a few times, and we didn't receive a call back. So, I mean -- I mean, I believe him, what he says. I mean, it's -- the corrections are pretty minor on the permit, but this permit was rejected in May of last year, so... CHAIRMAN KAUFMAN: When do you think this is going to be all 100 percent completed? MR. HADJUK: If I get a 60-day extension on it, I could -- you know, and I'll forget about trying to add the extra stuff to the permit. I'll just kind of update and bring -- you know, get them the information that I need for the permit that was submitted for the work March 25, 2021 Page 73 that was already done prior, and this way I get that obtained and get the necessary inspections and get it closed out. So I think 60 days would be sufficient for that. MR. ORTEGA: Was a permit filed last year or this year? MR. HADJUK: It was filed May of last year. MR. ORTEGA: Of last year? MR. HADJUK: Yeah, 2020, and I got a rejection -- I don't know exactly -- maybe June, about a month after. MR. ORTEGA: Can I ask what the future work is -- what you're doing? MR. HADJUK: I wanted to replace the sliding doors and the windows in the back of the house. There is something on there that says windows, but it wasn't for replacing windows. I had closed off two windows that were existing. And it is -- it's under my LLC, but it's my personal house, so that's why it's kind of -- you know, it's not like a project that I'm doing for a customer or anything like that. It's my personal house. MR. ORTEGA: The reason I'm saying that is because if you file for -- if you file for a separate permit later, he's going to fall into a new code; whereas, the permit that he filed for, if he has a revision, he falls into the older code. It may or may not impact him financially, but... CHAIRMAN KAUFMAN: Yeah. I don't know if the code changed or not. MR. ORTEGA: Yeah, it did, December 31st. MR. HADJUK: It did. CHAIRMAN KAUFMAN: Okay. Okay. Any comments or motion from the Board? MR. BLANCO: I make a motion to continue the case for 60 days with a requirement that the respondent updates the county every month on his progress and, you know -- March 25, 2021 Page 74 CHAIRMAN KAUFMAN: I would second that if you make it 30 days. The last time we did this nothing happened. MR. BLANCO: Part of the order will be a requirement for him to update the county every 30 days on his progress and, you know, what he's trying to do with the permits he's trying to pull. CHAIRMAN KAUFMAN: Well, that's why I said if we made this 30 days, that would automatically do that. MR. BLANCO: I'll amend it to 30 days. CHAIRMAN KAUFMAN: Okay. I'll second that. MR. MUCHA: So if in 30 days he has the permit issued, do we -- CHAIRMAN KAUFMAN: Then it shows some progress. MR. MUCHA: So we'd hold off on bringing it until -- as long as in 30 days he has something going? CHAIRMAN KAUFMAN: Yeah. I believe what Danny had made a motion is to continue this for 30 days. MR. MUCHA: Gotcha, gotcha. CHAIRMAN KAUFMAN: Okay. Am I correct? MR. BLANCO: Yes, sir. CHAIRMAN KAUFMAN: Any comments, Gerald? MR. LEFEBVRE: I just think 30 days is too short, but that's just my comment. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Does that mean he returns in 30 days regardless of what he does? CHAIRMAN KAUFMAN: Well, he owes, right now, $7,000. If you make it 120, he'll owe 30 days’ worth of continuance plus another 30 days because the fines continue to accrue. So this is really the best thing for the respondent. Come back and show us in 30 days that you've made progress in doing something because, I mean, that's the only way we're really going to know. March 25, 2021 Page 75 MS. BOWMAN: And continue it from there. CHAIRMAN KAUFMAN: So we have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? MR. LEFEBVRE: Opposed. CHAIRMAN KAUFMAN: Okay. One opposed. So in a month -- you're going to have to come back one way or the other because the fines are still there. (Simultaneous crosstalk.) CHAIRMAN KAUFMAN: But come back in a month. Show us some progress. MR. HADJUK: Okay. CHAIRMAN KAUFMAN: And then you can ask for whatever you want to ask for at that time. MR. HADJUK: Okay. And then to close this out completely, does the permit just need to be obtained, or does the permit need to be finalized? CHAIRMAN KAUFMAN: It needs to be finalized. MR. HADJUK: Okay. All the inspections done and -- okay. CHAIRMAN KAUFMAN: Okay? MR. HADJUK: Okay. CHAIRMAN KAUFMAN: Okay. Thank you. MR. HADJUK: Thank you. MS. BUCHILLON: Next item on the agenda under Imposition of Fines, No. 2, CEAU20200001629 John R. McCann, Jr., and Ashley Law McCann. March 25, 2021 Page 76 (The speaker was duly sworn and indicated in the affirmative.) MR. CATHEY: I do. CHAIRMAN KAUFMAN: Let the record show the respondent is not present. MR. CATHEY: I do have an email from the respondent with a request, as the violation's been abated. CHAIRMAN KAUFMAN: Okay. Do you want to read this into the record for us? MR. CATHEY: Yes. For the record, Ryan Cathey, Collier County Code Enforcement. The past orders are: October 23rd, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violations. See the attached order of the Board, OR5874, Page 506, for more information. Violation has been abated as of February 17th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from December 23rd, 2020, to February 17th, 2021, 57 days. Total fine amount: $5,700. Previous assessed operational costs of $59.21 have been paid. Operational costs for today's hearing: $59.42. Total: $5,759.42. CHAIRMAN KAUFMAN: Okay. And the respondent has requested that the fines be waived? MR. CATHEY: Correct. CHAIRMAN KAUFMAN: Okay. So any comments or motions from the Board? MS. BOWMAN: I'll make a motion to deny the county. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. BLANCO: Second. March 25, 2021 Page 77 CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. CATHEY: Thank you. MS. BUCHILLON: Next item, No. 4 under Imposition. CESD20160015155, Tomas Avila Reyes. (The speaker was duly sworn and indicated in the affirmative.) MS. PEREZ: Yes, I do. CHAIRMAN KAUFMAN: Good morning. MS. PEREZ: Good morning. For the record, Cristina -- CHAIRMAN KAUFMAN: They brought you in for the big bucks one. MS. PEREZ: They did, yes. I get the bingo on this one. For the record, Cristina Perez, Collier County Code Enforcement supervisor. CHAIRMAN KAUFMAN: Do you want to read the order into the record, Cristine? And, for the record, the respondent is not present. MS. PEREZ: Yes, sir. This is in reference to Case No. CESD20160015155. Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Section 10.02.06 (B)(1)(e). March 25, 2021 Page 78 Location: 2430 Golden Gate Boulevard West, Naples, Florida; Folio No. 36960880004. Description: Extensive remodeling in progress including plumbing, electric, and interior drywall being removed and replaced and studs removed without required Collier County building permits. Past orders: On November 16, 2018, the Code Enforcement Board issued a finding of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5575, Page 1971, for more information. On October 25th, 2019, the Code Enforcement Board granted a continuance. See the attached order of the Board in document and images for more information. The violation has not been abated as of March 25th, 2021. Fines have accrued at the rate of $200 per day for the period from May 16, 2019, to March 25th, 2021, 680 days, for a total fine amount of $136,000. Fines continue to accrue. Previously assessed operational costs of $59.63 have been paid, operational costs for today's hearing is $59.56, for a total amount of $136,059.56. CHAIRMAN KAUFMAN: Okay. Have you been in touch with the respondent? MS. PEREZ: The investigator, Paula Guy, has been in touch with the respondent since earlier this week. In fact, this morning she made contact with Mr. Reyes again and communicated that information with me. Yesterday I believe Mr. Reyes contacted the Building Department and wanted the expiration date updated on his permit. When the case was submitted for today's imposition of fine, it had been expired since January 10th, 2021. He had it extended until April 27th, but the last inspection that March 25, 2021 Page 79 had been completed on that property was on July 14, 2020. CHAIRMAN KAUFMAN: Yeah. And this case goes back to November of 2018. MS. PEREZ: Correct. So I asked the investigator if there was a reason why Mr. Reyes did not, you know, present himself today, and she said he felt that the case would be pulled because he extended his permit, that expiration date. CHAIRMAN KAUFMAN: Well, I think he's wrong. It wasn't pulled. It's here. It's in violation. It's been in violation for years. I think the Board's handcuffed on what they can do. MR. LEFEBVRE: Make a motion to impose. CHAIRMAN KAUFMAN: We have a motion -- MR. BLANCO: Second. CHAIRMAN KAUFMAN: -- and a second to impose the fine. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PEREZ: Thank you, Board Members. MR. BLANCO: Cristina, before you leave -- MS. PEREZ: Yes, sir. MR. BLANCO: -- I just wanted to congratulate you. I know your son just became a Marine, so... MS. PEREZ: Yes. Thank you so much. CHAIRMAN KAUFMAN: Semper fi. March 25, 2021 Page 80 MS. PEREZ: Yes, yes. And he got selected to be on a special team for his fitness and his shooting skills, so he'll be training for the next couple months. Like a competition that they do amongst Marines. So he's very happy about that. CHAIRMAN KAUFMAN: You can tell him to come see me if he needs help with the physical fitness part as a veteran. MS. PEREZ: I will tell him. Thank you for your service, too. MR. BLANCO: Well, thank him for his service. MS. BUCHILLON: Okay. Next item on the agenda, No. 6, CESD20190010308, Jason R. Stevens and Franny A. Downing. (The speaker was duly sworn and indicated in the affirmative.) MR. SHORT: I do. CHAIRMAN KAUFMAN: If you would read it into the record. MR. SHORT: For the record, Supervisor Eric Short, Collier County Code Enforcement. This is in regards to your past orders. On September 24th, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violations. See the attached order of the Board in OR Book 5831, Page 3987, for more information. The violation has been abated as of March 8th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from February 22nd, 2012, to March 8th, 2021, 15 days, for a total fine amount of $1,500. Previously assessed operational costs of $59.28 have been paid, the operational costs for today's hearing is $59.28, for a total of $1,559.28. MR. LEFEBVRE: Make a motion to deny the county's request to imposed the fine. MR. BLANCO: I'll second. March 25, 2021 MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. SHORT: Thank you. CHAIRMAN KAUFMAN: Thanks, Eric. I think we may be done. MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Make a motion we be adjourned. MR. BLANCO: Second. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 : 17 a.m. FO CEMENT BOARD R B _ MAN, CHAIRMAN 1 _ i These minutes approved by the Board on Apei c23, AO/ , as presented X or as corrected Page 81