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CEB Minutes 06/23/2021June 23, 2021 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida June 23, 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 Danny Blanco Sue Curley Kathleen Elrod Lee Rubenstein Chloe Bowman (Excused) ALSO PRESENT: Helen Buchillon, Code Enforcement Elena Gonzalez, Code Enforcement Specialist Cristina Perez, Code Enforcement Patrick White, Attorney to the Board (attending remotely) 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 June 23, 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 Lee Rubenstein, Alternate George Andreozzi, 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 Ord er 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 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. 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: CESD20180011460 OWNER: Carlos Valdes and Dulce Valdes OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Addition of a tiki hut without obtaining a Collier County building permit. FOLIO NO: 26081640007 PROPERTY 191 Smallwood Dr, Chokoloskee, FL ADDRESS: B. STIPULATIONS (NON-CONTESTED CASES AND PRESENT AT THE HEARING) C. EMERGENCY CASES D. HEARINGS 1. CASE NO: CELU20190003159 OWNER: Roylan Reyes and Yaima Reyes OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 2.02.03 and 1.04.01(A). Vehicles parking on an unimproved lot. FOLIO NO: 3631976005 PROPERTY 5275 Golden Gate Pkwy, Naples, FL ADDRESS: 2. CASE NO: CEVR20200005901 OWNER: FIELDS OF GREEN LAWN CARE INC OFFICER: Bradley Holmes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 3.05.01(B). An unimproved, estates zoned property where more than 2 acres were cleared without any vegetation removal permit or issued Collier County building permit. FOLIO NO: 37923960009 PROPERTY 4792 11th Ave SW, Naples, FL ADDRESS: 3. CASE NO: CESD20190014019 OWNER: Yunior Lopez Morell OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Observed alterations made with no permits to rear of main residence and detached structure garage in rear yard. FOLIO NO: 37168800005 PROPERTY 275 1st St SW, Naples, FL ADDRESS: 4. CASE NO: CESD20200010077 OWNER: Gisella C Burgos OFFICER: William Shanahan VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Garage finished without a permit. FOLIO NO: 36370720000 PROPERTY 5425 26th Ave SW, Naples FL ADDRESS: 5. CASE NO: CESD20200013730 OWNER: Peggy L Mills 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). Master bath remodeled without the required permits. FOLIO NO: 33400000363 PROPERTY 431 La Peninsula Blvd, Naples, FL ADDRESS: 6. CASE NO: CESD20200012476 OWNER: FRENCH FAMILY TRUST 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). Unpermitted second story addition. FOLIO NO: 436000001 PROPERTY 258 Rose Apple Ln, Naples, FL ADDRESS: 7. CASE NO: CESD20210005432 OWNER: HIGHLAND PROP OF LEE AND COLLIER OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 6.01.05. Soil Erosion and Sediment Control system (silt fencing) has not been completely installed as required by the approved site development plan, silt fencing installed is not being used properly. FOLIO NO: 407360000 PROPERTY 4886 Santa Barbara Blvd, 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: 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: 2. CASE NO: CELU20180010455 OWNER: Michael J Tirpak and Patricia A Tirpak Living Trust OFFICER: Eric Short VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110- 31(a). Outdoor parking/storage of vehicles on unimproved property without an approved site plan and parking vehicles in the county right of way. FOLIO NO: 70721280003 PROPERTY 3047 Terrace Ave, Naples, FL ADDRESS: 3. CASE NO: CEROW20150023031 OWNER: Veronica Tressler, Barbara Dethloff and Elizabeth Lucky OFFICER: Sherry Patterson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a). A culvert drainage pipe in need of repair or replacement. FOLIO NO: 161080008 PROPERTY 231 Willoughby Dr, Naples, FL ADDRESS: 4. CASE NO: CESD20190009049 OWNER: Jose S Olivares-Gonzalez and Ana J Trejo De Olivares 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). Addition/alteration/porch overhang and shed on the property without permits. FOLIO NO: 25967802724 PROPERTY 14701 Apalachee St, Naples, FL ADDRESS: 5. CASE NO: CESD20200000511 OWNER: Guillermo Garcia and Sara Rojas De Garcia OFFICER: William Marchand VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). A shed was observed on property without Collier County Permit. FOLIO NO: 25967801204 PROPERTY 14592 Apalachee St, Naples, FL ADDRESS: 6. CASE NO: CESD20200000495 OWNER: Julio Aleman and Milagros Aleman OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). 1) Improvement(s) including, but not limited to, aluminum overhang and 2) Voided permit 2009040657. FOLIO NO: 25967801385 PROPERTY 14607 Chickee Dr, Naples, FL ADDRESS: 7. CASE NO: CESD20200006945 OWNER: Martha Cisneros OFFICER: Thomas Pitura VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110 Article II, Section 110-31(a) and Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). 1) Mobile home, shed, and storage container placed on the property without permits, and 2) Unpermitted driveway access to the property from Auto Ranch Road. FOLIO NO: 769240004 PROPERTY 980 Auto Ranch Rd, Naples, FL ADDRESS: 8. CASE NO: CESD20190002541 OWNER: Orlando Galindo and Maria Galindo OFFICER: Bradley Holmes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). An unpermitted storage structure, under construction without a Collier County Building Permit. FOLIO NO: 37340800001 PROPERTY 1035 31st St SW, Naples, FL ADDRESS: 9. CASE NO: CELU20200010724 OWNER: Greg Carlisle c/o E James Kurnik OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181. Observed a vacant residential lot being used to store litter/outside storage consisting of but not limited to boats, trailers, RV’s, storage containers, metals and plastics. FOLIO NO: 38103000005 PROPERTY NO SITE ADDRESS ADDRESS: 10. CASE NO: CESD20190005289 OWNER: RAAKEL BRAUN REVOCABLE TRUST 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). Interior remodeling without required permits. FOLIO NO: 48480640000 PROPERTY 1000 Manatee Rd Unit A304, 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 - JULY 22, 2021 AT 9:00AM XIV.ADJOURN June 23, 2021 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. 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 this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. And with that, I'd like everybody to stand for the pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: This morning just -- we have our alternate sitting in. He'll be a full voting member. I wanted to put that on the record. Lee, welcome to the Board. MR. RUBENSTEIN: Thank you. CHAIRMAN KAUFMAN: Anything you say can and will be used against you. No? Only kidding. So let's start out with the minutes. MR. LEFEBVRE: Roll call. CHAIRMAN KAUFMAN: Do you want to do the roll call or the minutes first? Either way? MS. BUCHILLON: Roll call. CHAIRMAN KAUFMAN: Go ahead. MS. BUCHILLON: Good morning. For the record, Helen June 23, 2021 Page 3 Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Mr. Lefebvre? MR. LEFEBVRE: Here. MS. BUCHILLON: Ms. Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Mr. Danny Blanco? MR. BLANCO: Here. MS. BUCHILLON: Chloe Bowman is excused. Ms. Sue Curley? MS. CURLEY: Here. MS. BUCHILLON: Mr. Lee Rubenstein? MR. RUBENSTEIN: Here. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: And we also have -- now we have a vacancy for a full member, and it will be advertised. CHAIRMAN KAUFMAN: Okay. And we want to thank Herminio for the time he spent on the Board over the last, I don't know how many years, six or seven years. We wish him well. Okay. Anybody have any comments on the minutes from last meeting? (No response.) CHAIRMAN KAUFMAN: Hearing none, I'll take a motion from the Board to accept the minutes. MR. LEFEBVRE: Make a motion. MS. ELROD: Second. MR. BLANCO: Second. CHAIRMAN KAUFMAN: Motion, second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. June 23, 2021 Page 4 MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. I'm guessing that we probably have some changes to the agenda. MS. BUCHILLON: Yes, we do. CHAIRMAN KAUFMAN: What a guess. MS. BUCHILLON: Okay. We have two stipulations. First stipulation, under Hearings, No. 4, CESD20200010077, Gisella Burgos. Next stipulation, No. 7, CESD20210005432, Highlands Properties of Lee and Collier County, Limited. And we also have withdrawns. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under Public Hearings, D, Hearings, No. 2, CEVR20200005901, Fields of Green Lawn Care, Inc., has been withdrawn per Code Enforcement. Number 5, CESD20200013730, Peggy L. Mills, has been withdrawn due to compliance efforts. Number 6, CESD20200012476, French Family Trust, has been withdrawn due to compliance efforts. Under Old Business, Motion for Imposition of Fines, No. 1, CESD20180006559, Anthony J. Baldoni and Dana S. Baldoni, has been withdrawn and will be rescheduled for next hearing. And those are all the changes. CHAIRMAN KAUFMAN: Okay. Could we get a motion from the Board to -- MS. CURLEY: I have a -- I have a question about a change. June 23, 2021 Page 5 May I ask now? CHAIRMAN KAUFMAN: Yeah. You can talk into the mic so -- MS. CURLEY: Yeah. So No. 2 under hearings, you said it was withdrawn because of Code Enforcement. What does that mean? This was withdrawn last month, too. Last month you withdrew it because it wanted to go to the County Attorney's Office and then it would be back on for this month. MS. PEREZ: Correct. For the record, Collier County Code Enforcement Supervisor, Cristina Perez. Last month it was withdrawn because they obtained legal counsel. And we did have a meeting with staff this week, and there's additional information that we need to research before being able to bring that case forward. MS. CURLEY: Okay. Well, it's been a year. CHAIRMAN KAUFMAN: Yeah, that is a problem. MS. CURLEY: If there's additional information the county needed to research, they should have done it a year ago. CHAIRMAN KAUFMAN: I agree with you. MS. CURLEY: Yeah. I mean, just because they -- just because the property owner lawyered up, then we decided to get our ducks in a row? MS. PEREZ: Well, there's a site visit that's scheduled for next Tuesday with the staff -- code staff, environmental staff, and the property owner so that we can complete the information that's needed to bring it forward. MS. CURLEY: But last July in 2010 [sic] the property owner couldn't -- you know, yeah. MR. LEFEBVRE: I agree with you, Sue, but it's their prerogative to withdraw it. So, unfortunately, there's not much we can do. June 23, 2021 Page 6 MS. CURLEY: No, I understand. I don't like it, but I understand. MS. ELROD: Motion to accept the changes. MR. BLANCO: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Going back to the previous case, Cristine, do you know who reported that as a code violation? MS. PEREZ: The No. 2 that we're discussing? CHAIRMAN KAUFMAN: Yeah. MS. PEREZ: Yeah. There was a specific complaint on the property, but this particular case was opened by staff. CHAIRMAN KAUFMAN: Okay. So it might have been a neighbor or somebody that reported it. MS. PEREZ: Yeah. The original complaint was addressed, and then this particular case was opened as a field observation by the investigator. CHAIRMAN KAUFMAN: Okay. Gerald. MR. LEFEBVRE: I don't think that's relevant, but we'll hear the case. CHAIRMAN KAUFMAN: Whenever things happen, I'm looking out for the public. So if somebody reports something, not June 23, 2021 Page 7 this particular case, anything, and it just goes on and on and on, I can understand the frustrations for the public, and that's my primary concern, the public. MS. CURLEY: That's what I was thinking. What if four of those people came all the way from wherever this is located to, you know, make a statement about it, if they were the complainant, and then they find out that it's not here, that we've given this person the luxury of another month? CHAIRMAN KAUFMAN: For those of us who watch all of the meetings on TV, it just happened with the planning board this week, as our eminent Terri could verify, okay. Which brings us going forward to probably the first stipulation, which would be No. 4. MS. BUCHILLON: Actually the Motion for Extension of Time. Okay. Number 1, CESD20180011460, Carlos Valdes and Dulce Valdes. CHAIRMAN KAUFMAN: Did they send a letter in that we have in our package or not? MR. LOMBARDO: Good morning, Mr. Chairman. We're here on their behalf. My name is Zach Lombardo. This is Cameron Woodward. And we have a presentation on this motion, and we've conferred with staff in advance of this meeting. CHAIRMAN KAUFMAN: Okay. (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: I do. MR. LOMBARDO: I do. MR. WOODWARD: I do. CHAIRMAN KAUFMAN: Yeah. We now swear in attorneys because -- you know... MR. LOMBARDO: And I think it's a good call. Okay. So we were before you some months ago and had just filed June 23, 2021 Page 8 our right-of-way vacation application, which is something that directly addresses this issue, and today we are coming before you because we are still in negotiations with the county on that application. The way right-of-way applications work is that the Transportation Department has to specifically agree to the proposal. So we've made a proposal. Mr. Matt McLean in the Transportation Department is the reviewing staff member, and we are awaiting the county's decision -- the county staff's decision as to whether the proposal will be sufficient. Cameron, if you could show the aerial really quickly. I can show you what's on the table at the moment and explain why that would resolve the outstanding code enforcement issue. This is the aerial of the north part of the property on Chokoloskee. And what is interesting here is that the yellow triangle is the property at issue for your violation. To the left of it you'll notice this skinny strip. That's a county right-of-way. It's actually a two-lane road. It's dirt at that point. And about a half a dozen houses, that's the only way to get to those houses. Now, it does connect on a road south and west of there, but because -- between the triangle -- and then that's a cemetery right there north of it-- that's only seven feet. And so the county at the current moment has no ability to connect South Lopez Lane to Smallwood Drive because they can't put a roadway within seven feet. And so what's currently being proposed is that our clients will transfer the north piece of that triangle to the county in exchange for pieces of the parking lot which is what's causing the code enforcement issue, because the chickee hut, two of the poles are sitting in the county right-of-way. And so -- and I know timing is a concern on this board. So if you could show the next aerial. June 23, 2021 Page 9 I wanted to bring this to put some context in all this. This is 1973 at that exact same spot. And this county right-of-way has been used as a parking lot at this property since at least the '70s. And so this is a long-standing issue that we are now very close to resolving through negotiations with county staff. And so my hope is that if we could have an additional three to six months to come in and check in with our negotiations on county staff to you-all, we can resolve not just this issue of are there two poles in the county right-of-way, but is there a parking lot, and how can we make sure that the only -- this is essentially the only piece of commercial real estate on the entire island -- is able to be redeveloped and hardened for storms because, more critically than this chickee hut, if they were to pull a building permit to remodel this building substantially, they wouldn't be able to build anything there because the setbacks of this space are quite large and the building is zero setback all the way across and has been since at least 1973. This is a DOT aerial. CHAIRMAN KAUFMAN: So your negotiations are going to take how long? MR. LOMBARDO: I don't know how long they're going to take specifically. We have made the offer. We're waiting for county staff to do a visit and confirm that all the measurements are there. As I indicated to you-all last time, more concerning about Chokoloskee is that a lot of the things aren't where the property lines say they are, and so they're going to send surveyors down to make sure that, is it, in fact, seven foot wide? What happens right there? Which, as I discussed last time, is an incident of Chokoloskee, you know, being a county hopper. This is the third county Chokoloskee has been a member of. CHAIRMAN KAUFMAN: So let me just -- quick reference. So it's either going to be okayed by the county, in which case this June 23, 2021 Page 10 case disappears -- MR. LOMBARDO: Well, I guess what I would say is, if it's okayed by the county, it would be possible for them to come into compliance with no adjustments to the property itself. CHAIRMAN KAUFMAN: Okay. So that's A. MR. LOMBARDO: A. CHAIRMAN KAUFMAN: Or, B, you can't negotiate because somebody doesn't agree. MR. LOMBARDO: And then they need to come into compliance. CHAIRMAN KAUFMAN: And then we would hear this case at that time. MR. LOMBARDO: Yes, sir. CHAIRMAN KAUFMAN: Okay. So you're looking for some additional time on this? MR. LOMBARDO: Yes, sir. CHAIRMAN KAUFMAN: Three to six months, is that what you said? MR. LOMBARDO: Yes, sir. CHAIRMAN KAUFMAN: Gerald? MR. LEFEBVRE: We've already heard the case. MR. LOMBARDO: Well, then we're looking for additional time for the -- I guess, the fee mitigation. MS. CURLEY: I remember this, and we went right -- MR. LEFEBVRE: It was a restaurant. MS. CURLEY: We went to the historical part of it, and because it's Chokoloskee, and who knows what surveys -- you know, techniques they were using when this was originally platted, if it was platted -- MR. LOMBARDO: It was platted in the 1950s, but this wasn't part of the plat. June 23, 2021 Page 11 MS. CURLEY: I mean, this is -- MR. LEFEBVRE: This is a tiki hut at a restaurant, right? MR. LOMBARDO: So what it is -- CHAIRMAN KAUFMAN: Yes. MR. LOMBARDO: It's, unfortunately, not on the Google map aerial that I show you. But they put a chickee hut next to a restaurant so they could have more outdoor seating during all of the madness, and -- but the front two poles are sitting, basically -- we're talking about, like, a six-inch right into the right-of-way which would have been -- to the extent it's a reasonable misunderstanding, they've been using that parking lot forever, like centuries -- not centuries, decades. MR. LEFEBVRE: I make a motion to continue this case for 180 days. MS. CURLEY: I would even be okay with just giving them enough time so they can sort it out, and the county's not -- CHAIRMAN KAUFMAN: Well -- MS. CURLEY: I mean, I know it's been since February '19, but the ladies came here, and they've just purchased the property, and we get it. We don't want -- we want -- MR. LEFEBVRE: How much time were you thinking? MR. LOMBARDO: One way to key it is we could key it to the right-of-way. So there's an active right-of-way application which is -- CHAIRMAN KAUFMAN: If we do six months, as the motion on the floor says, and after six months it's not resolved, we can do this all again; part two. MR. LOMBARDO: Okay. Sounds good to me. CHAIRMAN KAUFMAN: Okay. I second your motion. Okay. MS. CURLEY: Does the county agree with this? CHAIRMAN KAUFMAN: Do you have anything to say, June 23, 2021 Page 12 Cristine? No. Joe? MR. MUCHA: For the record, Joe Mucha, Collier County Code Enforcement Supervisor. I know they've been actively working with the county, and we have no objection. CHAIRMAN KAUFMAN: Okay. Just for my own curiosity, who filed the complaint on this? MR. MUCHA: There's a long-standing feud between this property and a neighboring property. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Do you want to share the date of what you were referencing, your paperwork that you said you'd filed for the zoning? MR. LOMBARDO: Oh, just for the record. For the right-of-way application, if you wanted to go look at what's been filed, is PL20200001674, and I believe that property owner -- by the way, Cameron, if you could flip back to the aerial, the current aerial -- is a property on South Lopez Lane who would be massively benefited by being able to connect South Lopez Lane to Smallwood Drive. So we're trying to come up with a more global way to fix the weirdness of this problem. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any other discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? June 23, 2021 Page 13 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LOMBARDO: Thank you. CHAIRMAN KAUFMAN: See you in six months, or maybe not. MS. ELROD: Hopefully not. MR. LOMBARDO: Maybe not. MR. LEFEBVRE: There's fines accruing on this, correct? MR. MUCHA: Yes, sir. MR. LEFEBVRE: Okay. So we will see him again. MS. BUCHILLON: Yeah. CHAIRMAN KAUFMAN: Unless they just want to pay fines and, you know -- MS. BUCHILLON: Next item on the agenda, Stipulation, No. 4, CESD20200010077, Gisella Burgos. MR. SHANAHAN: Good morning. CHAIRMAN KAUFMAN: Good morning. (The speaker was duly sworn and indicated in the affirmative.) MR. SHANAHAN: I will. For the record, Bill Shanahan, Collier County Code Enforcement. The stipulation reads: Therefore, it's 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 the hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permit for the structure, inspections, and certificate of completion or occupancy to permit the garage conversion into a living space, or return the original -- to the original permitted condition within 120 days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; June 23, 2021 Page 14 Three, cease and desist use of the unpermitted garage conversion and disconnect all unpermitted utilities until a valid permit, inspections, and certificate of completion or occupancy has been issued within three days of this hearing, or a fine of $150 will be imposed until the violation is abated; Four, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Five, that if the respondent fails to abate all the violations, 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: Take a breath. MR. SHANAHAN: Yes, sir. It was a long one, yes, sir. CHAIRMAN KAUFMAN: So the respondent turned the garage into living spacing? MR. SHANAHAN: No, sir. Actually, it was -- the previous owner did it without a permit and, unfortunately, buyer's remorse, the current owner now has to get the permit for the garage conversion. CHAIRMAN KAUFMAN: So since this was done by a prior owner -- MR. SHANAHAN: Yes, sir. CHAIRMAN KAUFMAN: -- they can do this by an affidavit, correct? MR. SHANAHAN: It depends on what the Building Department says. I believe they can. But she's currently trying to get the permit now. It hasn't been issued yet, though. MS. CURLEY: Is anyone living in the garage? MR. SHANAHAN: No, ma'am. CHAIRMAN KAUFMAN: Okay. And you're going to inspect June 23, 2021 Page 15 that at some point in the future to make sure that the breakers have been turned off, et cetera? MR. SHANAHAN: Actually on Monday, yes, sir. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Make a motion to accept the stipulation as written. MR. BLANCO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in -- yes. MS. CURLEY: No, I just couldn't read No. 2, but that's okay. Don't worry about it. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. SHANAHAN: Thank you. MS. BUCHILLON: Next Stipulation, No. 7, CESD20210005432, Highlands Properties of Lee and Collier County, Limited. (The speakers were duly sworn and indicated in the affirmative.) MS. PULSE: I do. MR. CADENHEAD: I do. June 23, 2021 Page 16 THE COURT REPORTER: Your name? MR. CADENHEAD: Bobby Cadenhead. CHAIRMAN KAUFMAN: Okay. Do you want to read the stipulation into the record for us. MS. PULSE: Yes, sir. Good morning. For the record, Dee Pulse, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: No. 1, pay all operational costs in the amount of $59.35 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by installing the required silt fence along the property lines as depicted on the approved Site Development Plan, and obtaining Collier County engineer approval within 30 days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; Number 3, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the 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 shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. First question, is this property -- you own this property? MR. CADENHEAD: No. The Highlands Property of Lee and Collier owns the property. CHAIRMAN KAUFMAN: I don't -- and you signed the stipulation? MR. CADENHEAD: I have an affidavit from the general partner of Highlands Lee to deal with the Board. MS. CURLEY: Who's the owner; James Siesky, the registered June 23, 2021 Page 17 agent? MR. LEFEBVRE: No. MS. PULSE: He's a register agent, but he's not the owner. MR. LEFEBVRE: Mr. Cadenhead has been here before regarding this property on other cases. MS. CURLEY: He's signing a stipulation. A little different than -- MS. PULSE: Do you have the affidavit? Can you put it on the screen. MR. LEFEBVRE: He's represented this group multiple times on other properties, including this one. MS. PULSE: This is a notarized affidavit. CHAIRMAN KAUFMAN: My eyes, actually, are not that good. MS. CURLEY: It's specific to this case. CHAIRMAN KAUFMAN: Okay. MS. PULSE: Do you want me to read it? CHAIRMAN KAUFMAN: No. MS. CURLEY: Thank you. CHAIRMAN KAUFMAN: As long as Terri can read it, we're okay. MS. ELROD: I make a motion to accept the stipulation as written. MR. BLANCO: Second. MS. CURLEY: So I just had a -- CHAIRMAN KAUFMAN: Go ahead. MS. CURLEY: I had a question about -- this is a pretty quick -- we're seeing this case pretty quick. So I notice it's on a preservation land. Is it a silt fence that's creating a pollution issue for this preserve property? MS. PULSE: No, it's not creating a pollution issue. There is an June 23, 2021 Page 18 active site development permit, and it's just not installed correctly. CHAIRMAN KAUFMAN: This is the -- MS. CURLEY: Silt fence. CHAIRMAN KAUFMAN: The silt fence. It has to be under the ground that -- MS. PULSE: Correct, buried six inches. CHAIRMAN KAUFMAN: And it's not? MS. PULSE: It's not. CHAIRMAN KAUFMAN: So you're going to -- MR. CADENHEAD: We're going to take care of everything. MS. CURLEY: Thirty days is a long time in rainy season. CHAIRMAN KAUFMAN: Okay. Well -- MS. CURLEY: It's meant to prevent erosion and runoff to -- CHAIRMAN KAUFMAN: Lee, do you have something you'd like to say? MR. RUBENSTEIN: There was a motion made, but there wasn't a second. MS. CURLEY: There was a second. MR. RUBENSTEIN: Oh, I'm sorry. MS. CURLEY: And then we're having a discussion between us on the motion. CHAIRMAN KAUFMAN: Okay. Any other questions? Comments? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: (No verbal response.) MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. June 23, 2021 Page 19 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CADENHEAD: Thank you, sir. MS. PULSE: Thank you. CHAIRMAN KAUFMAN: Okay. Helen, who's the next person who is here? MS. BUCHILLON: Under Hearings, No. 1, CELU20190003159, Roylan Reyes and Yaima Reyes. MR. LEFEBVRE: Which one? CHAIRMAN KAUFMAN: Number 1 under hearings. You look familiar. Weren't you just here? MS. PULSE: Yeah. MR. EVANS: May I start? Not yet. THE COURT REPORTER: I need to swear you in. (The speakers were duly sworn and indicated in the affirmative.) MS. PULSE: I do. MR. EVANS: I do. MS. REYES: I do. MR. REYES: I do. MR. VANASSE: I do. CHAIRMAN KAUFMAN: Can everybody state their name on the microphone for us. MR. EVANS: Josh Evans, J.R. Evans Engineering. CHAIRMAN KAUFMAN: Okay. MS. REYES: Yaima Reyes, property owner. MR. REYES: Roylan Reyes, property owner. MR. VANASSE: Patrick Vanasse with RWA, land-use planner. CHAIRMAN KAUFMAN: Okay. So you're up. MS. PULSE: Okay. For the record, Dee Pulse, Collier County Code Enforcement Investigator. June 23, 2021 Page 20 This is in reference to Case No. CELU20190003159 dealing with the code -- or with violation of the Collier County Land Development Code 04-41, as amended, Section 2.02.03 and Section 1.04.01.A. It's for vehicles parking on an unimproved lot. It's located at 5275 Golden Gate Parkway, Naples, Florida, 34116. Folio is 36319760005. Service was given on April 2nd, 2019. So this case was opened for vehicles parking on unimproved lot. Owners of the lot own the daycare located adjacent -- on the adjacent property. The parking situation on unimproved lot is due to lack of space for customer parking also. Owners have begun the processes of improving the lot for additional space for daycare operations. Many steps are needed for this improvement. Owners have been working diligently with county personnel as well as their personal engineering company. As of June 22nd, 2021, the violation remains. CHAIRMAN KAUFMAN: Was this violation reported by a neighbor? MS. PULSE: It was a field observation. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Is this in the city, Golden Gate City? MS. PULSE: Yes, right on Golden Gate Parkway. CHAIRMAN KAUFMAN: Do you have any pictures for us? MS. PULSE: Yes. I would like to now present case evidence in the following exhibits: One photo taken by myself on August 27th, 2019, one photo taken on June 22nd, 2021, and the property appraiser aerial for 2021 and the zoning map image of the property. CHAIRMAN KAUFMAN: Have the respondents seen the photos? MS. PULSE: They've seen the photos, but they haven't seen the aerial map or the zoning map. June 23, 2021 Page 21 CHAIRMAN KAUFMAN: Okay. Do you want to show that to them? MS. PULSE: Sure. CHAIRMAN KAUFMAN: Okay. For the respondents, do you have any objection to this being entered into evidence? MR. EVANS: No, sir. MR. REYES: No. CHAIRMAN KAUFMAN: Okay. Can I get a motion from the Board to accept the photos. MS. ELROD: Motion to accept the photos. MR. BLANCO: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Could you tell us the property -- that's -- they're all parked on that parcel? MS. PULSE: Yes, sir. When you see the aerial from the Property Appraiser, you'll be able to see more clearly the boundary lines. CHAIRMAN KAUFMAN: Okay. Now, the violation is parking on a property they don't own, A; B, they're parking on property that's not proper, doesn't have rock or pavement, et cetera? MS. PULSE: They -- CHAIRMAN KAUFMAN: So is that two violations or just June 23, 2021 Page 22 one? MS. PULSE: They own the property. CHAIRMAN KAUFMAN: Right. MS. PULSE: But it is a violation of land-use for parking on a -- or an unimproved lot. CHAIRMAN KAUFMAN: Okay. MS. PULSE: You can't really do anything on an unimproved lot. CHAIRMAN KAUFMAN: Okay. And I understand from what you said that this goes back to 2019? MS. PULSE: Yes. MS. CURLEY: Now, can they join the two lots and make it one contiguous lot that the zoning would be appropriate for contiguous -- MS. PULSE: Well, they have been going through all the planning that they have to accomplish. COVID slowed things down as well, and there, was issues with the actual zoning of the property and use as a daycare, actually, also, which the daycare's been there for years. But the zoning had to update or get -- CHAIRMAN KAUFMAN: It's not zoned commercial? MS. CURLEY: That zoning all along that street's weird. Each lot is weird. MS. PULSE: Yeah. And they also just completed a zoning change, actually, and an overlay for the property. So they have had to go through a lot of processes. They're very diligent to do whatever. They wish they could just do it tomorrow and be done, but they have to follow processes. CHAIRMAN KAUFMAN: Okay. Sir? MR. EVANS: Good morning. CHAIRMAN KAUFMAN: Your turn. MR. EVANS: Josh Evans, for the record. We were -- my firm, J.R. Evans Engineering was immediately hired after they obtained the June 23, 2021 Page 23 violation. And we had a pre-application meeting with the county. That pre-application meeting determined that they needed to rezone the property via a conditional use and then do a Site Development Plan, because they've been in business since 1985. The building was built back in the '70s, and it was really prior to a lot of Site Development Plan standards that exist today. So, unfortunately -- and I'm sure you guys have heard in other hearings, when you do a Site Development Plan, you've got to, to the extent possible, bring that entire site up to code, and that's an extremely expensive process and infrastructure improvement project. So that's led to things like needing to upgrade the pump station, repaving the entire parking lot, adding buffers. You know, it's like when I have clients come in and have this conversation, it hurts me to tell them all the things they're going to have to do and spend money on to get themselves just back into the same business they were in the day before. But with that being said, via the pre-application meeting, we'd found out that there's a Golden Gate Overlay District that was being modified, and that might fix the zoning for us, and a year-and-a-half, two years went by because of COVID. We were waiting on that to submit the Site Development Plan for the parking. In order to move things along, we wanted to even advance our schedule further while waiting on that and submitted a site improvement plan for the pump station which led to us getting the structure of the Site Development Plan put together. Those dates were -- we submitted that in February 2017 -- I'm sorry -- February 17th, 2020; second submittal on April 15th, 2020. And then we got that approved. The pump station's being constructed. And then for -- now that the overlay has been approved -- it got delayed almost a year because of COVID -- we immediately June 23, 2021 Page 24 submitted the Site Development Plan for the parking, which includes the whole property and brings it all together like you were suggesting. It's one defined development with buffers and ADA parking and all those things in this new Site Development Plan. That was submitted earlier this year. We resubmitted last week. We anticipate getting approval on that, you know, in the next 60 to 90 days. But there are some deviations that we needed to get into the zoning because it didn't carry over from the overlay district, which is going to require a hearing examiner, which is why Patrick Vanasse is here. He's a planner. That process is going through currently, and they anticipate a HEX with the Hearing Examiner in about four to five months. So everything's moving along fine. The Code Enforcement group offered us a stipulation of six months, which would have been great. I mean, we appreciated it. We're gracious of it. But we're really going to need more than that, because it's going to take us six months just to finish up all the entitlement and design work and permitting, and then a small business trying to get a contractor to do an asphalt parking lot for 10 parking spots is going to be a pretty tedious task, and it's going to take some time. So what I'm asking is -- the stipulation's great, but we would request a year in order to get that done. CHAIRMAN KAUFMAN: Can't you do some of the things in parallel? If you -- if you're going to get someone to pave it, can't you look for someone to pave it now so that when the time comes you can -- MR. EVANS: We can, but no one's giving pricing for 60 days, 90 days out right now is part of the problem, because prices are escalating so quickly. We can get a contractor lined up and probably identify one, and I think we would definitely do that. Once we submit -- once we get approval, and while we're waiting on the June 23, 2021 Page 25 Hearing Examiner, I'm confident that we would be bidding the project out. MS. CURLEY: So the five-month hearing zoning meeting that this gentleman's going to have is the county's calendar that you're following? MR. EVANS: Can you speak to the process with the Hearing Examiner. MS. CURLEY: I mean, it shouldn't take five months. MR. VANASSE: Good morning. For the record, Patrick Vanasse, RWA Engineering. So right now we're going through the sufficiency review component of the application. So the Golden Gate Overlay -- MS. CURLEY: I'm sorry. I just wanted to know is it your five months that you need, or is it the county that can't schedule to see you for five months? MR. VANASSE: We're going to need five months. That's our estimated time frame to get sufficiency and then to get scheduled and heard in front of the Hearing Examiner. So hopefully it's a little sooner, but four to five months is very likely. MR. LEFEBVRE: Will this have to go in front of the BCC? MR. VANASSE: No. It's just the HEX. MS. CURLEY: Well, I'm for whatever you need to do to accommodate a daycare center in Golden Gate City. And I know the history of the zoning there from the late '70s. So I understand this is not easy at all. So I would grant them whatever they want. MR. LEFEBVRE: Well, we have to find a violation. CHAIRMAN KAUFMAN: Yeah. Anybody else want to speak or -- do you want to speak? MR. REYES: Yes. CHAIRMAN KAUFMAN: Okay. MR. REYES: Okay. When you start talking about the case, you June 23, 2021 Page 26 say if it's possible as far -- the property or put some gavel or something. When the case was presented by the Code Enforcement, we go to the office, and we talk to everybody there. And one of the guys, one of the -- Renald Paul, we talked to him, and he say -- we give him that option, you know. Asphalt a little bit or something or put gravel or something. He said, it's no way we can give you a permit to do that. MS. CURLEY: He can't do it. CHAIRMAN KAUFMAN: No, I understand. MR. REYES: All right. And we told him, okay. If we need to do the Site Development Plan and do the permit, that's in the plan, because we buy the building in 2017. Right away IRMA pass and disappear everything. When that -- when that complaint coming, we in the process of figuring out how to building everybody back from Irma. And we said, okay, we need to do that, we do it. And we hiring Evans Engineering. But the process is too long. After that, we figured it out, and we have that problem with zoning. I don't know why, but these two lots is the only two lots all Golden Gate is not commercial. I don't know what happened there, how they figured it out, because that building is building for a daycare for Roland Landy (phonetic). I don't know if you guys are familiar. He's a guy here, one of the first in Collier County. Was building commercial for a daycare from 1985. It's working to daycare from 1985. I don't know why the property is still residential. And we buy the next lot because we figured it out, we have that problem with the parking lot. We have only nine parking lot [sic]. And me and my wife decide, okay, we better buy that property, and in the future we building the parking lot. But, you know, it's coming, the complaint. Everything pushing hard. And I said, okay, maybe that's the push we need to build the June 23, 2021 Page 27 parking lot. And we start right away the process. But it's coming -- that happened in 2019. We go to the meetings for the overlay on Golden Gate Parkway. They said that take maybe one year, two years. We never know. I said -- and if you do something now, the Site Development Plan, it's coming, the overlay, we approve the overlay, everything need to be on that new code. You better wait. That's what they told us. It's coming the pandemia. Supposed to be approved on March 19 -- last year, 2020, and they cancel everything. And they approve in March this year. And this right-of-way went partially -- it start working on the overlay, on the deviation. Yesterday we talked to Dee and Cristina, and we sign that six-month agreement. But honest, everybody know six months is not enough. They agree that. We agree that. That's why we come in here and we decide to present the case because at least we need one year. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: You could have built a new daycare in less time. MR. LEFEBVRE: I have a question. CHAIRMAN KAUFMAN: Go ahead, Gerald. MR. LEFEBVRE: If -- it appears that they're working extremely diligently on this, and with the overlay and everything issue -- approval of the overlay, why was this brought in front of us? Why wasn't this -- MR. REYES: That's my question, too, sir. MR. LEFEBVRE: I'm going to ask -- I just asked it, so... MS. PULSE: Well, when we have a case that's that -- been taking that much time, we do just want to bring it before you to continue processes. June 23, 2021 Page 28 MR. LEFEBVRE: But it's not any fault of this respondent whatsoever. MS. PULSE: Right. MR. LEFEBVRE: So I just -- MS. CURLEY: Well, some of the companies that they hire take five or six months to prep for a HEX meeting, and then they have the engineer with many clients. So it's not any fault of the owner's, but it's the dragnet of the vendors they hire. MR. LEFEBVRE: The respondent stated that the overlay -- they're waiting for the overlay to be approved. MS. CURLEY: Oh, yeah. MR. LEFEBVRE: It was supposed to be approved March of last year, and it was approved this year. So that is, in fact, the county. CHAIRMAN KAUFMAN: That's a year. MR. LEFEBVRE: The engineering firm couldn't do anything until they knew what the overlay's going to state. Why do a bunch of work that is going to have to be redone? So it wasn't, I don't think, a fault of any of the owners' vendors. It was a holdup over a year. So I honestly feel this case should have been held off for a bit more, because they've been extremely diligent, but -- CHAIRMAN KAUFMAN: We can resolve that problem. MR. LEFEBVRE: Okay. Very good. CHAIRMAN KAUFMAN: One quick question. That's a daycare. MR. EVANS: Yes. CHAIRMAN KAUFMAN: Is that for children or adults? MR. EVANS: Children. CHAIRMAN KAUFMAN: So the cars that are parked there are the little kids driving there? MR. LEFEBVRE: I was thinking the same thing. CHAIRMAN KAUFMAN: I just had to. June 23, 2021 Page 29 MR. LEFEBVRE: I thought about the same thing. MR. EVANS: The parking is predominately just employee parking and quick drop-offs, but they do a rotation of drop-offs and pickups. CHAIRMAN KAUFMAN: Okay. So you don't have the five- and six-year-olds parking there? MR. EVANS: I hope not, sir. MR. LEFEBVRE: They could fix a couple of their Power Wheels in one parking space. MS. CURLEY: And I don't mean to be -- but is there some sort of carpooling that's occurring so you don't have this overflow so you're not offending the county rules until this is resolved, or are you guys just parking there? MR. EVANS: I don't know the answer. Are you-all parking there now? MS. REYES: I'm sorry. MR. EVANS: Are you parking there now, your employees? MS. REYES: Yes. The thing is, we -- the building has only nine parking spaces, and there's a total of us, there are 12 employees. And our license capacity is for 90. So only nine parking spaces, 12 employees, and 90 kids. It just -- so the employees, we park in this area, the empty lot, and we leave those nine parking spaces to the parents because it's the safest area to -- they can, you know, park and drop off the kids. We don't want to use those nine parking spaces and parents have to go to the next lot to park and bring the kids. You know, we're right at Golden Gate Parkway. So we know that it's something that we have to fix right away but, like I said, it's not in our hands. But we try to use a little bit of, you know, common sense, leave those spaces just for the parents and the kids, because it's the safe place for them to get in and out of the building. June 23, 2021 Page 30 MS. CURLEY: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. Did you want to make a motion earlier? MS. CURLEY: I sort of did. I wanted to make a motion to grant the -- to grant an extension of a year for this case. But you said we had to vote -- we're hearing the case, so do you want to make a motion that they're -- a violation exists? CHAIRMAN KAUFMAN: Yeah. First, does a violation exist? Do you want to make that, Gerald? MS. CURLEY: I make a motion a violation exists. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now, your motion, to grant a year? MS. CURLEY: Yeah. I understand there's a stipulation that was provided for them, and a stipulation was given, six months, and nobody felt like that was enough, so -- MR. LEFEBVRE: Can we do just -- can we do this: Have them sign a stipulated agreement today that would be one year and just -- we just approve the agreement? MS. PEREZ: Good morning. CHAIRMAN KAUFMAN: We have to have -- we have to June 23, 2021 Page 31 change the stipulation to show a year. MR. LEFEBVRE: Right. We have all the parties here, so they can just sign -- change it to a year. CHAIRMAN KAUFMAN: Cristine, do you want to change it to a year? MS. PEREZ: Terri. (The speaker was duly sworn and indicated in the affirmative.) MS. PEREZ: Yes, I do. For the record, Cristina Perez, Collier County Code Enforcement. So the issue, obviously, is a vacant parcel, vacant lot, illegal land use to use it of any form. The two options from the beginning was to get the approvals to allow them to use it as the parking lot for the adjacent daycare or remove the vehicles from the vacant lot. Having different options, I know we've talked about the property owner -- or the business owners doing a drive-by for the parents to where the parents aren't actually parking. They're driving by, dropping off the children. I've suggested a carpooling system or, from the beginning in March of 2019 when this case started, they did have the option to come in through a conditional-use process. Even though the overlay was in discussion at that time, the option on the table, because it is residential/multifamily zoned, was for them to go through a conditional-use process. Obviously, that is a more costly procedure for them to follow through on that. So, financially, it would have been more of a burden for them, which is why they came in and discussed this overlay that was in place. But throughout the course of this time, the option has always been for them to just simply remove the vehicles, park them on the daycare property, carpool, or of any sense. So the county has no objection discussing the time frame if the Board still feels that, you know, six months -- I had the discussion June 23, 2021 Page 32 with their contractors and themselves with that stipulation, that if they did not feel those six months were going to be enough not to sign it. So they signed it and I didn't this morning, having that discussion -- of discussing that with you because, you know, I felt that it would only be fair. CHAIRMAN KAUFMAN: Is that six months? MS. PEREZ: That was for -- that stipulation was for six months. CHAIRMAN KAUFMAN: Can that stipulation be modified to show one year? MS. CURLEY: Well, of course it probably can, but we still have an issue of them violating -- they're still parking there. So it seems like we're giving them a year, but they're not able to relocate their cars to run their business. And so we're going to let them park their cars illegally for three years. CHAIRMAN KAUFMAN: Well, as long as the fines don't start now and accrue, when we come up with our date, let's say we come up with the date that's next year -- MS. CURLEY: Right, but the situation is that the cars are still parked -- CHAIRMAN KAUFMAN: I understand that. MS. CURLEY: -- in the wrong place. So are we going to let them do that for a year? CHAIRMAN KAUFMAN: Well, if you grant them one year to come back, there are no fines that would accrue until after the year. MS. CURLEY: Yes, I understand that. MS. PEREZ: The county's recommendation, you know, without putting it on the Board, was for them to cease and desist the unauthorized parking or seek county approvals through, you know, permits and whatnot. And what I explained to him this morning, I said, if in four June 23, 2021 Page 33 months your project is approved and your contractor starts the project and your contractor says all the cars have got to be off the parking -- you know, the parking space so we could go in and do whatever work needs to be done, then at that point the case was resolved because the vehicles have been removed, you know, from that area. So, you know, I'm not sure how this contractor would -- you know, would -- their theory was, well, perhaps we'll park in one section of the property while the contractor works on the other section and then vice versa. Once that side's flipped, then we'll -- you know, we'll park on the other way. But my suggestion was, you know, the stipulation reads you cease and desist the parking. If that happens in four months and your stip is for six, then your case would be resolved and you continue to, you know, do the Site Development Plan until it's finalized. MR. LEFEBVRE: Is there any neighboring business that they could potentially park some cars at, work out an agreement? MR. EVANS: Unfortunately not. The business next to us has limited parking also and hasn't been super helpful with -- we had an opportunity to run a force main slightly through their property. It would have saved a substantial amount of money, and that was not considered. So, no, they don't really have a cooperative neighbor. CHAIRMAN KAUFMAN: Well, they've been parking the cars there since 2019? MR. EVANS: Yes. CHAIRMAN KAUFMAN: Probably since 1985? MR. EVANS: No, they purchased the side lot -- when did you buy the next lot? MS. PEREZ: 2015. CHAIRMAN KAUFMAN: So another year isn't going to do anything one way or the other. MR. EVANS: It would be pretty catastrophic to have to change June 23, 2021 Page 34 the way they do their business at this point when we're so close. I really don't think it will take a year, but I know it's more than six months. MR. RUBENSTEIN: Mr. Chairman, just a couple points. I think a year is way too long, and another concern that I would have is I heard that the owners are concerned about the cost of the paving. And what if everything falls into place and all of a sudden they don't like the price to pay for 10 or 12 spots; are we back in here again starting all over? I think there should be some time restraints in regards to having some type of paving bid submitted that you're [sic] acceptable; that this whole process doesn't continue for another six months or a year. I think that the -- your due diligence on your paving contract should be done now and not later. MR. EVANS: Okay. I think that's a reasonable expectation. So we can have -- how about that we commit to having our bidding completed by the time the Hearing Examiner occurs so that immediately after the approval of that we could initiate the contractor? CHAIRMAN KAUFMAN: I have a suggestion. MR. EVANS: Okay. CHAIRMAN KAUFMAN: Why don't you all get up and go out in the hall and see what you can agree to, because it should be done today, to modify the original stipulation so that it meets everybody's expectations. MS. CURLEY: Especially the county's. MR. EVANS: I mean, I don't know if we need to -- we can pop out if you want, but if we agree to -- by the time of Hearing Examiner having a contractor under a contract to do those improvements -- the Hearing Examiner is the only part that's not part of our -- we're not in control of that schedule, so -- June 23, 2021 Page 35 CHAIRMAN KAUFMAN: You can always come back before the Board, given the particular time frame, to ask for additional time showing that we've made progress, we've done this, this, and this, and we need another month, or whatever it is at that time, but -- go ahead. MR. EVANS: Well, that was -- we had that six-month stipulation this morning, and we were going to sign it, but I maybe wrongfully recommended to my client and said, you know, if we know it's going to take more than six months, let's not bother them to come back in six months when we know it's going to take longer. CHAIRMAN KAUFMAN: It's no bother. MS. CURLEY: And we -- your advice for them to have a hearing was good. This is really complicated, and it's good that we know this because now we have the history of it. But when you hear the county's side of it, it is a little -- it is a little different. And I'm one of the proponents that says, I don't want see you back in three months. Let's give you nine or whatever the case it. MR. LEFEBVRE: We're not here to micromanage how you get to the end result, to the end zone. We don't care, but we just want it to be resolved. So we have a motion; we have a second. We should probably vote on that or -- and then we can structure -- if we're going to go that route instead of a stipulated agreement, let's structure a -- MS. CURLEY: Who's made the motion? MR. LEFEBVRE: We had a -- MS. CURLEY: I just didn't hear -- I didn't see the rest of the stip. The stip's got a lot of other language in it that would be helpful for us to see. MS. PULSE: Yeah, I haven't read the recommendation. MR. LEFEBVRE: Yeah. You need to read the recommendation. So we have a first, and we have a second. We need to -- June 23, 2021 Page 36 MR. RUBENSTEIN: Can you repeat the motion, please. MS. CURLEY: We don't have one. MR. RUBENSTEIN: He just said we had a first and second. MS. CURLEY: That a violation exists. MR. LEFEBVRE: Right. It's a two-step process. CHAIRMAN KAUFMAN: Okay. Let me go back to before. Now that we've heard everything, if you were to go back in the hallway and say, listen, why don't we just take what the county was offering, and if there's a problem when you're getting near the end of that time frame, that you come back and request some additional time. I think that would make everybody happy. MR. REYES: But I think if you guys give us a year, we don't need to come back here. CHAIRMAN KAUFMAN: Right, but that's -- this is a stopgap measure. It looks like there are people on the Board who don't want to go out one year at this point. They may go out six months six months from now seeing all the progress that's been made. Okay. So this goes on all the time. MR. LEFEBVRE: Mr. Chairman, we have a first, and we have a second. I call -- CHAIRMAN KAUFMAN: Okay. Hold on. Terri, do you have the motion? THE COURT REPORTER: I don't think you made a motion. I think you just did the -- MS. CURLEY: I made a motion a violation exists. THE COURT REPORTER: Right, you did that. So there's no second motion. CHAIRMAN KAUFMAN: So a violation exists. One of the things that we could do is to come up with our ruling on what it's going to be. MS. CURLEY: Let's take the -- June 23, 2021 Page 37 CHAIRMAN KAUFMAN: That's what I'm looking for, and I don't think we had a real motion. Terri doesn't have it, and I don't have it in my head so -- okay? MS. CURLEY: We were going to let -- CHAIRMAN KAUFMAN: Unless you'd like to make that motion. MS. CURLEY: We're going to let Dee read her suggestion in, and then we're going to fill in the blanks for her. CHAIRMAN KAUFMAN: Okay. Let's do that. MS. PULSE: Okay. It is recommended 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, discontinuing the unauthorized parking on the vacant unimproved parcel or obtain all required Collier County approvals, permits, inspections, and certificate of completion/occupancy for such use within blank days of this hearing, or a fine of blank 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 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. The only problem I have with the suggestion is under No. 1, discontinue the parking immediately. And we can change that "discontinue the parking" in six months. MS. CURLEY: Well, it should be 1 and 2, because I wouldn't mind giving them a year but making the parking stop in six months. I June 23, 2021 Page 38 mean, the -- discontinue the parking is the motivator. If we say we want the parking gone in 30 days, I bet that guy's hearing won't be five months. MR. EVANS: What about just meeting in the middle -- and I don't know if this is my place to do this, so I apologize if I'm being offensive. But what about just make it nine months? And I think we can get it done. MS. CURLEY: I can see why they didn't accept this, because 1 is two things; 1 is two topics. MR. LEFEBVRE: Right. MS. PEREZ: Well, the stipulation is written to be one or the other within the six months. You know, you either stop parking or you get all the approvals within that six-month period. So there's no immediate parking. It was going to be consistent. That's why I had mentioned if your project starts in four months and you have to get rid of the cars anyway, that brings the case into compliance as well. MS. CURLEY: So then what businesspeople think is, well, after six months and fines start accruing, and then they go in for their CEV loan, you know, or their small business loan and they have fines on the property, then that gets in the way of their financing, and it becomes a real mess for them. MR. LEFEBVRE: This is no different than in a converted garage where we tell them to turn off the power. CHAIRMAN KAUFMAN: Right. MR. LEFEBVRE: This No. 1 is combining the two, the parking -- current parking and getting approvals. That should be separated. We should have a time frame for when the parking has to stop, and then the approvals. MS. CURLEY: Let's just deal with what we've got. Let's just say we'll give them -- instead of days, we'll give them nine months, June 23, 2021 Page 39 and then after that it's $50 a day until they can complete their project for the cars parking in the spot. We give them nine months. The county offered six. He asked for 12. We meet in the middle with nine, and after nine months, they're going to be charged $50 a day for every day that they have cars parked there. CHAIRMAN KAUFMAN: Lee, do you have a comment? MR. RUBENSTEIN: No. CHAIRMAN KAUFMAN: Okay. So what we're trying to do is combine what you have in Item No. 1 with the parking and the days and the fine. All three of those are in Item No. 1. So let me see if I understand you. So you're saying nine months -- MS. CURLEY: To get a permit. CHAIRMAN KAUFMAN: -- does all three? MS. CURLEY: Yes, sir. CHAIRMAN KAUFMAN: The amount is $50. MS. CURLEY: After nine months. CHAIRMAN KAUFMAN: After nine months. MS. CURLEY: And it's not a life-safety issue. If you considered [sic] this to, you know, a garage conversion, it would be different. This is cars parked there. We would ask them to do their best to minimize the overflow parking and do what they can. But you've got nine months to get those cars off the property. We don't really care what you do with the property after that. MR. LEFEBVRE: I wasn't trying to compare between life and safety. I was trying to compare separating out the sections, which we're not doing here, so that's -- MS. CURLEY: I wish that the county would make this a fast track. I don't know if there's a process for that. But when the owner discusses a safety of taking the kids in and out of the daycare and getting them in their cars and out of their cars, like you said, there is a variety of ways to do it. It needs to be done. It needs to be done June 23, 2021 Page 40 faster. CHAIRMAN KAUFMAN: Yeah. Well, it's not easy to move heaven and earth. So that's not part of this meeting. Okay. So yours is 90 days [sic]. Days, parking, and the fine is $50. MS. CURLEY: Nine months. CHAIRMAN KAUFMAN: Nine months, excuse me. Yeah, nine days would probably be out of line. MR. EVANS: Nine days, yeah. CHAIRMAN KAUFMAN: That's your motion. MS. CURLEY: Fifty bucks. CHAIRMAN KAUFMAN: Do we have a second? MR. BLANCO: I'll second. CHAIRMAN KAUFMAN: Okay. We have a second. Any comments on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? MR. LEFEBVRE: Nay. CHAIRMAN KAUFMAN: Okay. It passes -- THE COURT REPORTER: I'm sorry. Mr. Rubenstein, I didn't see you answer. MS. CURLEY: Did you vote? She's asking for your vote. MR. RUBENSTEIN: I oppose. CHAIRMAN KAUFMAN: Okay. We have two nos and one, two, three, four yeses, so it passes. Now, if it's not done in eight months, I would suggest that you June 23, 2021 Page 41 be on the phone trying to get yourself back in here to see what we can do to resolve the situation. MR. EVANS: Thank you. Understood. CHAIRMAN KAUFMAN: Okay. MR. EVANS: Thank you. CHAIRMAN KAUFMAN: Thank you. Tell those kids they can't drive until they're 15 years old or so. MS. BUCHILLON: Next item on the agenda under Hearings, No. 3, CESD20190014019, Junior Lopez Morell. CHAIRMAN KAUFMAN: Terri, you're good till 10:30. THE COURT REPORTER: Yes. CHAIRMAN KAUFMAN: Do you want a hand mic where you can sit down? THE INTERPRETER: Me? No, I'm fine, thank you. CHAIRMAN KAUFMAN: So that we can hear you. Helen will give you a microphone. You can either sing or interpret, whatever you want. (Raakel Braun, the interpreter, was sworn to truly and correctly interpret English into Spanish and Spanish into English.) TNE INTERPRETER: I do. (The speaker was duly sworn and indicated in the affirmative.) MR. LOPEZ: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone at the podium for us. MR. LOPEZ: My name's Junior Lopez. CHAIRMAN KAUFMAN: Okay. Paula, you're all sworn. MS. GUY: No. (The speaker was duly sworn and indicated in the affirmative.) MS. GUY: I do. CHAIRMAN KAUFMAN: Okay. MS. GUY: Good morning. June 23, 2021 Page 42 CHAIRMAN KAUFMAN: Good morning, Paula. You're up. MS. GUY: For the record, Paula Guy, Collier County Code Enforcement. This is in reference to Case No. CESD20190014019. CHAIRMAN KAUFMAN: Let me stop you one second. Is that -- do we have to stop periodically so that you can translate this? THE INTERPRETER: He understands. CHAIRMAN KAUFMAN: Okay. THE INTERPRETER: But, you know, something he doesn't understand, then I can ask him. CHAIRMAN KAUFMAN: Okay. Unless he doesn't understand, he'll tell you, and we'll go from there. MS. GUY: Okay. This is dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). There's alterations made with no permits to the rear of the main residence and a detached structure/garage in the rear yard. The location is 275 1st Street Southwest, Naples, Florida, 34117; Folio 37168800005. Service was given on December 12th, 2019. On November 20th, 2019, a citizen complaint was received from alleged occupants of detached structure for alterations made to the residence without permits from the Collier County building permit [sic] and unsuitable living conditions. CHAIRMAN KAUFMAN: Could I stop you one second? I'm not -- the complaint was made by the people who were in this structure that was not permitted? MS. GUY: Yes, that's what -- the complaint was received. CHAIRMAN KAUFMAN: Okay. MS. GUY: And upon verification of the complaint, they were no longer residents there. So on November 22nd, I was able to make contact with the June 23, 2021 Page 43 owner. Due to a language barrier and translator needed, I -- to obtain access permission to view the alleged violation [sic]. On November 26th, access was granted by the owner to Code Enforcement and the Department of Health for complaints. Observations of the detached structure confirmed there's no occupancy by any persons for the detached structure. I verified that the plumbing and electrical are in place. Also observed a main residence to have an addition on the rear home to include possible enclosures of the open porch. No permits could be located for revisions to structures. Original house plans were ordered, and meeting set with the building official for review for violations. On December 11th, the building official had determined that the violations exist for the property to include revisions made to the detached structure and revisions made to the main residence. Those were all made by previous owner of the property. On December 12th, the violation was issued and served to owner, and a translator provided to owner upon service. CHAIRMAN KAUFMAN: Let me stop you again. Since this started in 2019, the December that you're mentioning, is that 2020? MS. GUY: No, we're in December 2019. CHAIRMAN KAUFMAN: Still there, okay. MS. GUY: Yes. So in December of 2019, the owner was able to make a meeting and scheduled with Renald Paul which subsequently was two separate meetings, and the last one was on January 27th, 2020. So from March of 2020 to March of 2021, the owner has hired three different permitting companies to apply for these permits. Successful permit submittal was in March of 2021. On April 29th, 2021, the permit has been rejected. Correction letters have been sent to Maria Cruz, the current permitting service June 23, 2021 Page 44 provider for property owner. In summary the owner has been in constant communication during this process. He has encumbered several delays based on the hired services and financial hardships incurred with the COVID, because it started right in March of 2020. And then as of today's date, he has two permits to obtain compliance. They are still in rejected status and are pending for the corrections to be returned. CHAIRMAN KAUFMAN: When were they rejected? MS. GUY: On April -- well, the letter was sent on April 29th. The building permit, I don't know why it took so long for the letter to go out, because the rejection in the permit stated it was on 3/19. And the letter wasn't even provided to the owner. It was sent to the permitting company. CHAIRMAN KAUFMAN: Okay. So the letter saying you're building permit was rejected was sent to the respondent or the respondent's -- MS. GUY: Service provider, not to the respondent. CHAIRMAN KAUFMAN: In April? MS. GUY: In April. CHAIRMAN KAUFMAN: Okay. MS. GUY: April 29th. But on the permit activity, on both of the permit activities it states that it was rejected. The last entry was March 19th. CHAIRMAN KAUFMAN: Do you know what the rejection was for? MS. GUY: I have the -- I did upload the correction letters, if you'd like to see the details of them. CHAIRMAN KAUFMAN: It will give us a better idea of what actually has to be done to come into compliance -- MS. GUY: Correct. CHAIRMAN KAUFMAN: -- at that time. Okay. You June 23, 2021 Page 45 probably have other testimony and photos, et cetera? MS. GUY: That's correct. I'd like to present into evidence -- I do have the original house plans if need to be reviewed, I have the determination from the building official with supporting documents to clarify the areas that were changed, and I have eight photos taken by myself on November 26th, 2019, and I would also like to add in the correction letters to be reviewed upon, if needed. CHAIRMAN KAUFMAN: Has the respondent seen the photos, et cetera? MS. GUY: Yes, that's correct. We reviewed them this morning. CHAIRMAN KAUFMAN: Okay. And are you -- are we able to show those? Do you have any objection to those photos being presented as evidence? MR. LOPEZ: Yes [sic]. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the -- MS. ELROD: Motion to accept. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay, Paula. Oh, another eye test. MS. CURLEY: Paula, I have a -- just a couple questions to fill June 23, 2021 Page 46 in the blanks. I just went through everything you said. And in December of '19, did this -- did Junior own this property at that time, or was this original violation for the previous owners and they sold it in between this? MS. GUY: No, this -- Junior, he bought the home in 2016. MS. CURLEY: Okay. MS. GUY: But all of these alterations had took place by the previous owner. MS. CURLEY: I just wanted to know if this was one of these cases that the violation was sold. MS. GUY: No. CHAIRMAN KAUFMAN: So this can be brought into compliance via affidavits if the respondent -- MS. GUY: That is the venue that's in place, yes. CHAIRMAN KAUFMAN: Okay. I understand. MS. CURLEY: Okay. MS. GUY: So the house plans are -- yeah, they're pretty intricate. If you go over to the actual photos, that's the left side of the home. That actually should be a lanai that was enclosed on the back of the residence. It only -- they only enclosed half of it. The other portion was left. That's the interior on the detached garage structure. It has plumbing and electric. It's not occupied. It's used for storage. There was -- and there's plumbing on the outside, north side of the building there. MS. CURLEY: Is that a sink? MS. GUY: It is. CHAIRMAN KAUFMAN: Do we have any zoning issues here? MS. GUY: Well, the zoning is one of the rejected. I noticed this morning it did pass environmental, but -- when I was looking at it again this morning. And these are the correction -- outstanding June 23, 2021 Page 47 corrections needed. And, of course, there's two of them. There's a separate permit for the detached structure and then one other permit for the revisions to the main residence. CHAIRMAN KAUFMAN: Okay. Can you read that, Gerald? MR. LEFEBVRE: No. CHAIRMAN KAUFMAN: And you have glasses on, so you imagine how I feel. MS. CURLEY: We can't see this one because of the lighting. The lights glare. CHAIRMAN KAUFMAN: Can you glow it up, Cristine? In other words, make it bigger. MS. CURLEY: Maybe you can just tell us what the -- in summary, what the outstanding -- MS. GUY: Yeah. It's right here. I'm looking at it. It's for the Health Department review corrections in regards to septic, and this is for the permit -- MS. CURLEY: Did you say septic? MS. GUY: Uh-huh. That's what it says, yeah. They need a site plan to provide for the septic system in relation to the proposed addition or change. MS. PEREZ: This correctional letter that we're looking at is for the shed. So as Paula said, the first rejection from the Health Department is saying they want to provide the site plan and locate on the site plan where the septic system is -- you know, identify it on there. CHAIRMAN KAUFMAN: Okay. And the other? MS. PEREZ: And then there's another one for a residential rejection, and that one appears to say that they need to provide the affidavit of engineering documentation for the shed being applied for. As it's being applied for as a permit by affidavit, they need a list of the inspections. June 23, 2021 Page 48 And there's also a site plan that they want to see the shed, the finished floor elevation, the dimensions. So that's all in relation to the survey to show all the setbacks as the structure is related to the property line and the other -- the home. So it will list here in zoning as well what they need to identify on that site plan such as, you know -- well, it says all existing and proposed structures, showing where the property lines are, the setbacks, separations, any easements, bodies of water, crown-of-road elevation, and then the flood elevation levels for FEMA. CHAIRMAN KAUFMAN: Okay. Let me -- one quickie. You keep on saying "shed." MS. PEREZ: Yeah. This particular permit is for the detached shed structure. CHAIRMAN KAUFMAN: I understand. And that -- the use on that is a shed? MS. PEREZ: Correct, and that's -- CHAIRMAN KAUFMAN: Not living. MS. PEREZ: Not living, not the shed; yeah, correct. CHAIRMAN KAUFMAN: Okay. Do you have any photos of the inside of the shed? MS. GUY: No, I wasn't -- well, yes. Those were the two where you just saw the one room with the -- CHAIRMAN KAUFMAN: The toys? MS. GUY: Yes. And then to the right of that on the north side of the building is where the plumbing is where there is the sink, and there's a sink on the interior. All that plumbing is on that wall. CHAIRMAN KAUFMAN: No commode? MS. GUY: No. I could not locate any of that in there. It's a very small structure. And I did not get -- I was not able to get access into the addition that is enclosed, but from the exterior, the building official said that I could go ahead and issue the notice with that. June 23, 2021 Page 49 CHAIRMAN KAUFMAN: Okay. It appears that there are many, many items that would need to be -- MS. GUY: Yes. CHAIRMAN KAUFMAN: -- taken care of at this point, okay. MS. GUY: Correct. MS. CURLEY: I'll make a motion that a -- CHAIRMAN KAUFMAN: Whoa, whoa, whoa. We haven't found anybody in violation, and we haven't heard from the respondent yet. MS. CURLEY: All right. CHAIRMAN KAUFMAN: Okay. Are you done, Paula? MS. GUY: Yes, sir. CHAIRMAN KAUFMAN: Okay. THE INTERPRETER: Junior said -- excuse me. He bought this house five years ago, and all these repairs and additions were already there. He had nothing to do with them. CHAIRMAN KAUFMAN: Okay. Let me just -- so we can stop at each point so you understand. It doesn't matter -- what you bought, you own. So if you bought it and it was in violation before you bought it and now you own it, you actually own the violations as well. THE INTERPRETER: Okay. He understands. He's doing that. And he -- for the last permit they requested that he had the elevations of the shed and the house, and so he's waiting on that. He called the engineering company, and they told him it will take 21 days for him to get these certificates or these elevations before he can take them back to the permitting. CHAIRMAN KAUFMAN: Okay. When did you get the list of what needed to be done? THE INTERPRETER: Okay. He did not get a list of everything. He got one item at a time. Maybe the inspectors came June 23, 2021 Page 50 and looked at the shed, and so he got a violation for that, and then eventually they came to the house, and they found the other violations. So he didn't get, you know, a whole -- what he's supposed all at once. It's been one thing at a time. And he's trying to do it all, and so here he is. MS. PEREZ: Mr. Chairman, I can help answer that question. Earlier Paula -- for the record, Cristina Perez. Paula testified earlier that the correction letters went to the permitting technician that had been hired, and that's typically the process. The owner signed an affidavit giving her the authorization, you know, to apply for the permits, so the rejections went to her. I contacted Mr. Lopez on June 3rd and advised him the case was coming to a hearing and advised him of the rejections, which he was unaware. His response is, I'm waiting for the county to come do the inspections, thinking that his permit tech had submitted everything, and they're just waiting on the county. So he became aware of it June 3rd. Yesterday, I believe it was, when I physically e-mailed him -- or Monday. I e-mailed him the corrections letters, because after he spoke to his engineer and the permit tech, he was under the understanding he needed this elevation. And as I read, you know, some of that stuff requires setbacks and all these other measurements to be identified. So I e-mailed that over to his wife so he had a copy himself of those corrections. CHAIRMAN KAUFMAN: Okay. For whatever reason, you know, he is responsible, not the permitting company. MS. PEREZ: Ultimately, he's the property owner applying for this permit. He's just hiring their services to help him through the permitting process. CHAIRMAN KAUFMAN: And have you spoken with the permitting company at all? June 23, 2021 Page 51 MS. PEREZ: I have e-mailed the permitting tech multiple times, including when these permits were rejected. I think it was in the month of May that I had sent her an e-mail advising her of these rejections and that the case would, you know, be moved to a hearing if they were not submitted promptly. CHAIRMAN KAUFMAN: And did you hear back? MS. PEREZ: I have not heard back from her. I believe Mr. Junior has -- or Lopez has made contact with her after he and I have spoken. CHAIRMAN KAUFMAN: Okay. Why don't you describe where you are on getting everything fixed and inspected at this point in time. MR. LOPEZ: Now elevation, the house is good. Monday they call for the guy for elevation for the calle -- MS. PEREZ: The road. MR. LOPEZ: The road, the storage. This guy said 21 dia for me looking for only storage, the calle. MS. PEREZ: Road. MR. LOPEZ: Only 21 dia for elevation. CHAIRMAN KAUFMAN: Twenty-one days for the elevation. THE COURT REPORTER: I need him to go through the interpreter. THE INTERPRETER: Okay. He's trying to do it. He has no idea when he'll finish. He's waiting on the last permit, I think, and the money he received from the government he paid towards repairs that were needed, and so he doesn't really know how soon he would finish doing all repairs he needs to do. MS. CURLEY: I have a question. CHAIRMAN KAUFMAN: Go ahead. MS. CURLEY: So could you ask your son -- is this your son? THE INTERPRETER: No, I just met him here. June 23, 2021 Page 52 MS. PEREZ: She's generous. MS. CURLEY: Oh, oh. Yeah, thank you. Has he considered removing the contents inside the shed and just bringing everything into the compliance instead of -- THE INTERPRETER: To leave it like original? MS. CURLEY: No. To take it like it should have been originally, yeah. Has he thought about that for -- MR. LOPEZ: The shed, no water, nothing. It's clean. Only the storage? The storage? MS. CURLEY: My question was, has he considered removing all the illegal fixtures and just living in the house like it should be? THE INTERPRETER: Yes. He says yes. MS. CURLEY: That's the cheaper way, and faster. THE INTERPRETER: Okay. He says yes. CHAIRMAN KAUFMAN: Okay. Let's not confuse the house with the shed. MS. CURLEY: I'm talking about all of the infractions. THE INTERPRETER: Infractions from the house also? MS. CURLEY: Yes. THE INTERPRETER: Okay. MS. CURLEY: What is his answer? He's considered removing all of those? THE INTERPRETER: Yes. He says yes. MS. CURLEY: It's the fastest way. It's going to be determined on how much time we give him. CHAIRMAN KAUFMAN: Before we get into that -- that's after we find whether it's in violation. Lee? MS. PEREZ: The lanai and the shed will still have to be permitted regardless of the alterations that were removed, yeah. But you're right, that would help him. June 23, 2021 Page 53 MS. CURLEY: Yeah. I don't know if -- the reason I ask that is because there's been a lot of talk about it. But I don't know if anyone's said to him the easiest route is to demolish all these illegal items, and then he wouldn't, you know, be having all these surveys and spending his money on things that he probably might not need down the line. CHAIRMAN KAUFMAN: Okay. We're not going to engineer this whole situation. Lee, you have a -- MR. RUBENSTEIN: Yeah, a question for Code. It states on the violation it's -- you've got it written as a detached structure/garage. Is it a garage, or is it a shed? MS. GUY: It's referred to -- it's referred to as a garage. It's a detached structure, which means that it's not part of the main residence. It's considered an accessory structure. MR. RUBENSTEIN: I understand. Was that structure part of the construction when they built the house? MS. GUY: Yes. It's permitted -- MR. RUBENSTEIN: I couldn't see on the drawing. Was it part of the original construction? MS. GUY: It's in the original plans, but it is not permitted for plumbing and electric. MR. RUBENSTEIN: And is there plumbing and electric currently in there? MS. GUY: That's correct. CHAIRMAN KAUFMAN: There's a sink, not a commode, and it has electric. MS. GUY: Correct. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: Is somebody living in that building? MS. GUY: I verified upon my inspection that it is not occupied. June 23, 2021 Page 54 MR. RUBENSTEIN: Can you ask him; does anybody sleep there? MR. LOPEZ: No. Nothing. No. MR. RUBENSTEIN: So why do you have water and electric if nobody's there? MS. GUY: That was done by a previous owner, the alterations. MR. LOPEZ: When I buy my house, everything is the same. The water -- MR. BLANCO: The alterations were done -- CHAIRMAN KAUFMAN: He bought it like that. Okay. So what we have here, if I can summarize, is -- what we have here is a failure to communicated. It's Cool Hand Luke. It's an old movie. Anyhow, we have violations in the house, and we have violations in reference to the shed. Am I correct? MS. PULSE: Yes. CHAIRMAN KAUFMAN: Okay. So I ask the Board, does a violation exist? MR. LEFEBVRE: Make a motion a violation exists. MS. CURLEY: I'll second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So a violation exists. Where do we go from here? I know you June 23, 2021 Page 55 have a suggestion. Now, you had some questions or -- MS. CURLEY: No. CHAIRMAN KAUFMAN: -- concerns you want to talk before? MS. CURLEY: No more. CHAIRMAN KAUFMAN: Okay. Why don't you let us know what your recommendation is. MS. GUY: 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 obtaining all required county building permits or demolition permit, inspections, and certificate of completion or occupancy to keep or remove the unpermitted alterations of the main house and detached garage within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated. The respondent must notify the Code Enforcement Board 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 by 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. So before we fill in the blanks, I have some specific questions that may help us determine what we want to do as far as time is concerned. Does the respondent, whoever wants to -- unless he understands. Do you have a complete list of what needs to be done to bring everything into compliance? MR. LOPEZ: Yes. CHAIRMAN KAUFMAN: Yes, you have that list? MR. LOPEZ: Yes. June 23, 2021 Page 56 CHAIRMAN KAUFMAN: And based on that list of things that need to be done, how long do you think it's going to take you to do it? MR. LOPEZ: Maybe, you know, six months. THE INTERPRETER: Six months. MR. LOPEZ: Six months. CHAIRMAN KAUFMAN: Make sure you get that down, Terri. THE INTERPRETER: Six months. MS. CURLEY: Six months to repair it or remove it. THE INTERPRETER: Right, to be in compliance with -- CHAIRMAN KAUFMAN: To be in compliance, to have everything -- the affidavit filled out, everything completed so he gets a certificate of occupancy. MS. CURLEY: Let's give him seven. Let's give him seven. CHAIRMAN KAUFMAN: I understand the "street," but the other words -- MS. PEREZ: Yeah. He just says that it all depends on how quickly people want to work. You know, they're telling him 21 days just to come and do the elevation. So that's his concern of, you know, him trying to get people to -- he had to go and look for his engineer at his house because he wouldn't answer his phone. When I called him, he had to go and look for him at his home. CHAIRMAN KAUFMAN: Yeah. Everybody now is very, very busy and very, very expensive, I might add. But there are certain things you can do at the same time. He has to understand, is it possible to get everything into compliance? I would think one of the biggest concerns I have with his situation is the zoning. Is there any building that's encroaching or -- nothing there for that? MR. BLANCO: This is Estates-zoned property, right? MS. GUY: Yes, it's Estates-zoned. And I don't foresee any of that being an issue. CHAIRMAN KAUFMAN: Okay, great. That's terrific. June 23, 2021 Page 57 MS. CURLEY: I mean, I'll fill in the blanks. CHAIRMAN KAUFMAN: Okay. Go ahead. MS. CURLEY: I'll give him seven months and $50 a day after that. MR. BLANCO: I'll second. CHAIRMAN KAUFMAN: Okay. Operational costs of 59.28 paid within 30 days? MS. CURLEY: Yes. We need to have her explain that to him. CHAIRMAN KAUFMAN: Okay. So -- well, we have to vote on it. MS. CURLEY: That was my motion. CHAIRMAN KAUFMAN: Okay. That's your motion. MS. CURLEY: Seconded by Danny. CHAIRMAN KAUFMAN: And it was seconded by Danny. Okay. It's like pulling teeth here today. Okay. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have seven months, not six that you asked for, seven -- MR. LOPEZ: Yes, sir. CHAIRMAN KAUFMAN: -- to get everything done, okay? MR. LOPEZ: Okay. CHAIRMAN KAUFMAN: I suggest that you do more than one thing at a time. Get the elevation certificate and fix whatever needs to be fixed or whatever. And if you can't meet that seven months -- June 23, 2021 Page 58 you may want to -- that you come back to us. You tell Paula that it won't take me seven months; it may take me eight months. Come back here so that you don't accumulate too much in the way of fines, okay? So right now you get this fixed, everything okayed in six months, you're done. MS. CURLEY: Could we make sure we explain the $58 fees that needs to be paid within 30 days just so he knows that. MR. LEFEBVRE: Do we have a -- MS. CURLEY: You can see him outside. CHAIRMAN KAUFMAN: Okay. We're all set. MS. PEREZ: Thank you. CHAIRMAN KAUFMAN: Okay. Thank you. Good luck. MR. LOPEZ: Thank you. CHAIRMAN KAUFMAN: Okay. MS. GUY: I appreciate your consideration. CHAIRMAN KAUFMAN: You need to take your translator out for dinner. MS. BUCHILLON: Ms. Braun, you can stay there. I'm going to -- she has a case under imposition of fines, and since she helped -- she offered to help the gentleman, if we can just do her case right now. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Who is this? CHAIRMAN KAUFMAN: The translator has a case. And her name, again, for the record is? MS. BUCHILLON: Case No. 10 under imposition of fines, CESD20190005289, Raakel Braun Revocable Trust. (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: I do. MS. BRAUN: I do. June 23, 2021 Page 59 MS. CURLEY: Remind me what number. CHAIRMAN KAUFMAN: Ten. MS. BUCHILLON: Ten. CHAIRMAN KAUFMAN: In the package that you have. MS. CURLEY: Tirpak Living Trust? CHAIRMAN KAUFMAN: It's the last one in there. Good morning, Joe. MR. MUCHA: Good morning. CHAIRMAN KAUFMAN: Okay. So how do you want -- do you want the respondent to go first or -- MR. MUCHA: Yeah. They're going to have a request for you, and they can explain it a little bit. CHAIRMAN KAUFMAN: I have a letter here that you sent. MS. BRAUN: Yes, I did. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: That was fast. CHAIRMAN KAUFMAN: What was fast? MS. CURLEY: Her action on this based on COVID. CHAIRMAN KAUFMAN: Over a year, okay. Okay. Why don't you tell us what you're asking for, and then we can have the county read this into the record for us. MS. BRAUN: Well, I completed everything that I needed to do, and the inspectors came and signed off on it, so I couldn't understand why I was here. CHAIRMAN KAUFMAN: Okay. MS. BRAUN: See, we did -- after the hurricane, I was going to change the cabinets in my kitchen, which is a small, tiny, little kitchen, and my daughter started -- we had no idea we needed permits for that, because I did that, like, 20 years ago. And I just put new cabinets in, but we needed the permit because of the sink and a toilet. So that's when they stopped us from doing anything. June 23, 2021 Page 60 Eventually we got a permit, and we got a contractor to come and do it, and he did it all. And so, you know, I've complied now with everything. CHAIRMAN KAUFMAN: Okay. Joe, do you want to read this into the record for us? MR. MUCHA: Yes, sir, I will. For the record, Joe Mucha, Collier County Code Enforcement supervisor. Past order: On February 27th, 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 violation. See the attached order of the Board, OR5742, Page 244, for more information. The violation has been abated as of May 13th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from June 27th, 2020, to May 13th, 2021, for 321 days, for a total fine amount of $64,200. Previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing $59.35, for a total fine amount of $64,259.35. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: And I just wanted to say that I worked exclusively with the daughter, and I know there was an issue at one point that she had one contractor, and I think it was beyond what maybe he could do, and that caused some delays. But, I mean, she was great about keeping in touch with me, and we would have no objection to waiving the fines. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I'll make a motion to deny the county's imposition of fines, including the 59.35 of today. MR. BLANCO: I'll second that. MS. ELROD: Second. June 23, 2021 Page 61 CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BRAUN: Thank you very much. CHAIRMAN KAUFMAN: Good luck to you. Those could have been very expensive cabinets. MS. BRAUN: Yes. CHAIRMAN KAUFMAN: Okay. It is breaktime. Ten of, we'll be back. (A brief recess was had from 10:37 a.m. to 10:52 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement back to order. Our next order -- our next case is? Fill in the blanks. MS. BUCHILLON: Under Old Business, C, Motion for Imposition of fines, No. 2, CELU20180010455, Michael J. Tirpak and Patricia A. Tirpak Living Trust. (The speakers were duly sworn and indicated in the affirmative.) MR. TIRPAK: I do. MR. SHORT: I do. CHAIRMAN KAUFMAN: Good morning, Eric. MR. SHORT: Good morning. June 23, 2021 Page 62 CHAIRMAN KAUFMAN: Would you like to read this into the record for us, and then we'll go to the respondent. MR. SHORT: For the record, Supervisor Eric Short with Collier County. This is in regards to your past orders on February 28th, 2019. 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 violation. See attached order of the Board in OR Book 5607, Page 536, for more information. The violation has been abated as of May 12th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day from the period from August 28th, 2019, to May 12th, 2021, 624 days, for a total fine amount of $62,400. Previously assessed operational costs of $59.91 have been paid, operational costs for today's hearing is $59.42, for a total of $62,459.42. CHAIRMAN KAUFMAN: Okay. Sir, could you state your name on the microphone for us. MR. TIRPAK: Michael J. Tirpak. CHAIRMAN KAUFMAN: Okay. And you have something to say? MR. TIRPAK: Yes, sir. We're working on it. I hated this to be kicked down the road so long because of COVID and other things. But we are finally, right now -- in fact, it might even be approved today. We're waiting for one last little glitch with the fire department. And I was told that it was going to be worked out here this week. It's something to do with turnarounds. And they said it wouldn't be a big problem. That's the only -- that's the only obstacle. We're waiting to get our permit to do the actual changing in construction. June 23, 2021 Page 63 CHAIRMAN KAUFMAN: Let me see if -- I don't quite understand this. It says outdoor parking. Storage of vehicles on unimproved property. MR. TIRPAK: Yeah. We're doing a Site Improvement Plan. CHAIRMAN KAUFMAN: Why couldn't you just remove the vehicles? It's taken two years to do this? MR. TIRPAK: Well, I've -- there were -- I had several motor homes and boats and storage and everything. And I notified the people when I got -- when I got the notification that, you know, there was a problem; we had to get out of there. Most everybody got out except I had a problem with three people. One fellow had passed away and left just his wife, and she was in a nursing home. He was up in Canada. That took 18 months to get his motor home out of there. And another one was the same. Not quite as bad, but he had had a hip replacement and all that stuff, and it took 10 or 12 months to get his out of there. And just getting things gathered and getting drawings, getting engineering. I've hired an engineer. CHAIRMAN KAUFMAN: I don't understand. Is this a -- MR. SHORT: Mr. Chair, if I may. CHAIRMAN KAUFMAN: Go ahead. MR. SHORT: Very similar to your earlier daycare case where you had some parking occurring on a vacant unimproved property. He resolved this violation by no longer parking on that property and parking in the right-of-way. In the background, now that we're off his back, he can focus on his site plan and things like that. But at this point the violation has been abated. CHAIRMAN KAUFMAN: But the -- there was a piece of property. There were vehicles of one sort or another parked on the property. This was cited in February of 2019 to February of '20 to February of '21 to now. That's, like, two and a half years. MS. CURLEY: Six hundred twenty-four days. June 23, 2021 Page 64 CHAIRMAN KAUFMAN: Well, that's when the fines started to accrue. The notification, I'm sure, was even before that. MR. SHORT: Right. And I can give you some background if you'd like. One of the lots is zoned residential. There was -- the Tirpaks went in front of the Board of County Commissioners. I have some minutes in the IDrive if you'd like to review those -- MR. TIRPAK: Oh, yes. MR. SHORT: -- where the Board of County Commissioners gave him some options on how to come into compliance and utilize this property. MR. TIRPAK: I'm sorry. Mr. Kaufman, may I? Yeah, that long time span, I did go to two Board of County Commissioners' meetings to try to have them help me with this problem, and they did. They directed the people at Horseshoe Drive to help me out and do whatever they could to get me out of the situation. But it took two meetings with the Board of County Commissioners over a period of, God, I don't know, it was eight or 10 months. Just nothing -- you know, the wheels of government don't work very fast. CHAIRMAN KAUFMAN: I'm familiar. MR. TIRPAK: I mean, I was wanting to get this done, but I just couldn't get it done. CHAIRMAN KAUFMAN: You had a vehicle, and the owner of the vehicle died. MR. TIRPAK: Yeah. CHAIRMAN KAUFMAN: How did you move that vehicle after he died? MR. TIRPAK: Well, finally, a nephew came down from Canada and got the vehicle. CHAIRMAN KAUFMAN: So they towed it -- they towed it away? MR. TIRPAK: Well, they drove it away, yeah. June 23, 2021 Page 65 CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So I have a question. I know we haven't heard -- this isn't a time to hear the case and everything, but I don't mind the questions. But I guess, did they own this? Was this a business? Were they renting things? I mean, is this person making money with all these RVs on the property? I mean -- I'm speaking to the county. MR. TIRPAK: May I explain? MS. CURLEY: I'm speaking to the county right now. In just some summary like that, because I do agree that it's been a long time. MR. SHORT: It was an outdoor storage lot, and whether or not he was being compensated for vehicles being stored there, I don't know. MR. TIRPAK: When I bought it, it was. It was an outdoor storage lot. The man that had it before me, Jim Morandy, Morandy Kia, he had a Kia dealership here for a while, and he got ran out of town, but he bought it, and he had me fence it. There were two pieces of property there, 40-foot lots. He told me, Mike, fence this property. I bought it. It's commercial. It's right next door to yours, and I'm going to store cars there. I said, okay, Jim, because I had a fence company next door. I owned the property next door. And I fenced the property for him. I got a commercial permit, because I went on the county site. It said it was a commercial property, so I went and got a commercial permit to put a commercial fence up, and I did, and everything got approved fine. He parked cars there off and on for a year and a half or so until he got ran out of town. He got ran out of town. He lost the property. Went back to the -- to the guy that he had a land contract with. The guy that had the land contract came to me, he says, Mike, it's on the market. Do you want to buy it? June 23, 2021 Page 66 And I looked, and I said, ah, sure. Why not? I could use it to, you know, expand my property. MS. CURLEY: What year is that? MR. TIRPAK: It was commercial. MS. CURLEY: What year? MR. TIRPAK: Two thousand -- MS. TIRPAK: It had to be -- MR. TIRPAK: -- six. CHAIRMAN KAUFMAN: A long time ago. MS. CURLEY: Okay. That's fine. MS. TIRPAK: 2006. MR. TIRPAK: So, anyhow, it was 13 years -- 13 years I ran this storage place there because I thought -- he was parking cars. I just -- you know, call me stupid. I think I said these same words into this microphone a couple times, but I didn't know I had to go redo something that he had already done. But nobody bothered me for 13 years, and then I got a violation for parking in the right-of-way and parking, you know, without a permit in this lot. And I said, okay, fine. I'll get it done, you know. Then I find out that one of the properties isn't even commercial. The last one is zoned RFM-6 [sic], which I bought it as commercial C-5, as the other one is C-5. Then I -- that was my trap. Again, another thing I did stupidly. I didn't do due diligence when I bought the property. CHAIRMAN KAUFMAN: So to answer Ms. Curley's question, the answer is, yes, the short answer? MR. TIRPAK: What's the -- CHAIRMAN KAUFMAN: Were you being compensated for the vehicles that were -- MS. CURLEY: It's a business. MR. TIRPAK: Yes, yes. June 23, 2021 Page 67 CHAIRMAN KAUFMAN: Okay. That was the question. MR. TIRPAK: Yes. CHAIRMAN KAUFMAN: This is, what time is it, and you're going to tell me how the watch works. MR. TIRPAK: I'm sorry. CHAIRMAN KAUFMAN: That's okay. MS. CURLEY: What's the property being used for now? MR. SHORT: The property is not being used. MR. TIRPAK: Not being used at all. MR. BLANCO: Make a motion to deny the county's petition for imposition of fines. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? MS. CURLEY: Gerald? MR. LEFEBVRE: I haven't said anything. CHAIRMAN KAUFMAN: Okay. Well -- MS. CURLEY: Let's reward him for taking two years to do something. CHAIRMAN KAUFMAN: Well, you can vote yes, and you can vote no. So let me call the question. MR. RUBENSTEIN: Can you repeat the motion, please. CHAIRMAN KAUFMAN: The motion is to deny the county's ability to collect the 62,000 -- $62,400. MS. CURLEY: We let him operate his business for two years, and now we're relieving him of his debt. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: Aye. June 23, 2021 Page 68 MR. LEFEBVRE: Opposed. MR. RUBENSTEIN: Me. CHAIRMAN KAUFMAN: You're opposed? MR. RUBENSTEIN: Opposed. CHAIRMAN KAUFMAN: Sue's opposed. You're opposed. So we're denying your motion, Kathy and Danny. Am I correct? MR. LEFEBVRE: You opposed it, too? CHAIRMAN KAUFMAN: Yes. MR. LEFEBVRE: Okay. MS. CURLEY: Let's start over. MS. ELROD: Just for fun, I will remind us, we are compliance, not a revenue stream. MS. CURLEY: That's so stupid, Kathleen. That's the dumbest thing to say. MR. RUBENSTEIN: Where are we at here? MS. CURLEY: We're a quasi-judicial board. CHAIRMAN KAUFMAN: Okay. So what we have now is the motion failed to abate the fine. Can somebody -- MR. TIRPAK: Can I -- may I speak? MS. CURLEY: No. CHAIRMAN KAUFMAN: You don't get to vote. MR. TIRPAK: No, I don't want to vote, but I just want to reiterate what the Board of County Commissioners asked Horseshoe Drive to do two years, two-and-a-half years ago. They asked them to work with me as best as they possibly could to make this the least amount of money to waive the fees, and that's what I thought, you know, I was up with. And, you know, it wasn't my fault that it took it this long. I wasn't -- I was in the hospital three times. But still, you know, my engineer was bowled over with work. She couldn't get anything done. I haven't been -- you know, I haven't been stonewalling this. I wanted to get this done. June 23, 2021 Page 69 CHAIRMAN KAUFMAN: You already spoke. Now its up to the Board to determine what to do. For the life of me, I don't know what you need an engineer for. When you have vehicles parked on a piece of property that shouldn't be there, what do you need an engineer for, unless there's a crane -- MR. SHORT: Mr. Chair, if I may. CHAIRMAN KAUFMAN: Go ahead. MR. SHORT: If it will please the Board, I do have minutes that express the Board of County Commissioners' direction. They're highlighted. It may be a very simple read. CHAIRMAN KAUFMAN: Okay. Read it. MR. BLANCO: Mr. Chairman, additional comments on just kind of supporting Kathleen's comments. The respondent had no previous violations. This was not a health and safety issue either. You know, we had COVID. The respondent went in front of the BCC twice. Being a previous county employee a couple years ago, I can tell you that it takes a while to schedule something in front of the BCC. So just for the Board to keep that in mind. CHAIRMAN KAUFMAN: Okay. Eric, do you want to read the -- MR. SHORT: Okay. So, basically, they broke it down, and they gave five different options for Mr. Tirpak. This is the first option you see here, and that would cost around $46,000. If you look at Option 2, and we scroll down -- I mean, we can go into detail of what they say, that option there. We ended up deciding and agreeing to go with Option 5, and we'll scroll down. And this is all relative to the use of the property, and it's simultaneous with what the code enforcement case was about. CHAIRMAN KAUFMAN: I can't read the words from here. Cristina, if you could make it bigger. So where it says "utilize," is that in addition to -- you could June 23, 2021 Page 70 develop the lot as residential; is that what I'm reading? MR. SHORT: Yeah. So Lot 11 is zoned residential. The rest of the properties are commercial. Lot 11, the intention is to use that as additional buffering between -- because right next door is residential, and then go through the process of getting your Site Development Plan and using the lot as he was using it. Now, just like the case you heard earlier with the daycare, the childcare facility where, hey, they're parking on a lot, this was a little different. It was an established use. He bought right into it, started -- or maintained the storage of vehicles on the property, ran it as a business. We heard that. And he had two options. Hey, work on -- get a site plan. You have so much time, get the site plan approved, or remove the vehicles all within that same amount of time frame. Right away he started doing both. He hired an engineer. I have a planning application that's been rejected a few times. He resubmitted on the 21st of this month; has some minor corrections. Regardless, we finally had a conversation. Hard to get ahold of. He's had some health issues. And I said, hey, get Code off your back. Remove the vehicles; stop parking in the right-of-way. We'll leave you alone. Work on your site plan in the meantime, and that's where we are. MS. CURLEY: That was the original violation. MR. RUBENSTEIN: Mr. Chairman, I'd like to make a new motion. CHAIRMAN KAUFMAN: Okay. I'd like to drop all existing charges and instill a flat $1,500 fee. MS. CURLEY: I'll second that. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: Okay. We have a motion, and we have a second. Any discussion on the motion? June 23, 2021 Page 71 (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: That passes. Okay. Fifteen hundred is not 62,000. MR. TIRPAK: Well, yes, sir. I realize that. CHAIRMAN KAUFMAN: Okay. MR. TIRPAK: Thank you. MS. BUCHILLON: Next case, No. 3, CEROW20150023031, Veronica Tressler, Barbara Dethloff, and Elizabeth Lucky. (The speakers were duly sworn and indicated in the affirmative.) MS. TRESSLER: Yes, I do. MS. PATTERSON: Yes. THE COURT REPORTER: What is your name? MS. TRESSLER: Veronica. Tressler. CHAIRMAN KAUFMAN: Could you say it on the microphone. MS. CURLEY: Pull it down. CHAIRMAN KAUFMAN: Bring it down, yeah. MS. TRESSLER: Veronica Tressler. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. LEFEBVRE: I'm going to recuse myself on this case. CHAIRMAN KAUFMAN: Yes. June 23, 2021 Page 72 MR. LEFEBVRE: I had had discussions with Veronica regarding selling her property. CHAIRMAN KAUFMAN: Okay. Mr. White, are you listening to us? MR. WHITE: Yes, Mr. Chairman. I don't believe, unless there's a pecuniary interest that your board member has, that there's the need to recuse. CHAIRMAN KAUFMAN: Okay. In other words -- MR. WHITE: In other words, unless there was money received or something else of value, the discussion beforehand is cured simply by making the disclosure. CHAIRMAN KAUFMAN: Okay. So you don't have to recuse yourself. MR. LEFEBVRE: Thank you very much. CHAIRMAN KAUFMAN: Okay. You can go back to sleep, Mr. White. MR. WHITE: Thank you. MR. LEFEBVRE: He's our board attorney, by the way, that's remote. CHAIRMAN KAUFMAN: Yes. Okay. Do you want to read this into the record for us? MS. PATTERSON: Sure. So for the record, Sherry Patterson, Collier County Code Enforcement Senior Investigator. Past orders of the Board: On May 26th, 2016, the Code Enforcement Board issued a fining 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, OR5278, Page 2569, for more information. On January 26th, 2018, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5477, Page 2468, for more information. June 23, 2021 Page 73 The violation has not been abated by May 27th, 2021. The fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from September 24th, 2016, to May 27th, 2021, for a total of 1,707 days for a total fine amount of $256,250. The fines continue to accrue. Previous assessed operational costs of $65.85 and $59.28 have been paid, and operational costs for today's hearing is $59.42. Total amount: $256,109.42. CHAIRMAN KAUFMAN: Okay. I remember this case from years gone by. Can you update us on what -- I mean, it hasn't been abated. MS. TRESSLER: The reason I haven't gotten work done, finances. Last time I was here, my sister was very ill, Barbara. Now she's deceased. So I had to keep going back, you know, to try to take care of her, and come back, and funeral arrangements. Her husband was in the hospital at the same time. My other sister, Elizabeth, is going through cancer surgery. And so I just had -- this house was left to us by my father, and it's just been a, you know, nightmare, but it's the only place I have to live. I can't afford to go anywhere else. Between the hurricane, COVID, all the illnesses in my family. I came back, the permit had expired. I applied for a new permit. That took a while. I tried to cancel this date, this hearing, you know, to give me more time. The inspector just came yesterday, and I had replaced all the pipes last time I was here. The only thing I needed was the cement over the pipe. And the inspector came yesterday. He was supposed to call us and let us know. I stayed home all day. My son came over and was with me all day. I don't know when he came, but yesterday we found out that it didn't pass. He found something wrong with one of the pipes, which June 23, 2021 Page 74 I went out to look at. He called after 5:00, and I couldn't find the problem with a pipes at all. And -- CHAIRMAN KAUFMAN: So the pipe -- MS. TRESSLER: -- he said he would come back, and, you know, show me or let me know what needed to be done. So that's the reason, you know, I haven't been able to do it. Finances, medical things with my family, and lack of being here to take care of, you know -- CHAIRMAN KAUFMAN: So the culvert pipe was replaced? MS. TRESSLER: Both of them, two, because I have two entrances. MR. LEFEBVRE: Two of them. CHAIRMAN KAUFMAN: Two pipes. MS. TRESSLER: I mean -- and when we took the last pipes out, there was absolutely nothing wrong with the pipes. Nothing. There was a tree trunk, I guess, that had washed in with the hurricane onto it. And had I known more about how these things work or they operate, I would have just had somebody come and remove that and had an inspector come, instead of removing all those pipes. Then I had to remove a tree, which cost me $1,000, so they could do that swale that they do. And that's been a nightmare, because now there's mosquitoes all over the property, you know. So it's just been a nightmare from the beginning to end. CHAIRMAN KAUFMAN: Are you still waiting to hear back from the inspector to find out exactly what needs to be -- MS. TRESSLER: Right, right. He just came, and he -- yesterday is when he came. When, I don't know, because, like I said, I had my son come over to be there to hopefully understand better than I would of what needed to be done yet, and I don't know when he came, but he didn't come to the door. He didn't let us know he June 23, 2021 Page 75 was there or nothing. So now I'm still waiting to see what needs to be done and hopefully get this taken care of. I can't -- MR. LEFEBVRE: Let me ask a question. CHAIRMAN KAUFMAN: Go ahead. MR. LEFEBVRE: Can we pull up in CityView what the inspector from yesterday -- would it be recorded by today? MS. PATTERSON: Yes. If I may, in the IDrive, there's actually the pictures of the culvert, what it looked like before and what it looks like now. There's also the inspection report from the inspector. It's also in the IDrive, if we could pull that up. MR. LEFEBVRE: From yesterday? MS. PATTERSON: From yesterday, yeah. Now, she will be sent a corrections letter from the department. It's basically going to say exactly what's on here. But since it just happened yesterday, it's not going to be out today. She does have another inspection that's going to happen today, because it was already prescheduled. I would imagine the results of that are going to be that it's going to be rejected as well because she didn't pass this one, which was a courtesy inspection. MS. TRESSLER: I mean, that's three days -- two days apart; Monday and Wednesday. I mean -- MS. CURLEY: I have a question. So the contractor that you hired, has he been paid to do this? And wouldn't this -- part of your bill with this gentleman is to be -- let me finish, please -- was for you to finish it and have this approved by the county? Wouldn't his job have been that? MS. TRESSLER: Well, the first contractor we got never showed up. MS. CURLEY: I'm talking about the one that's done the work. MS. TRESSLER: That -- no, no. I had the work done independently by somebody. Somebody came in, and I paid them June 23, 2021 Page 76 $2,000 to take the pipes out, replace the pipes, and fill it. And that was another nightmare, because when they filled it, whatever was left in that dirt they put onto the grass, and it took months of rain and everything else. It finally settled in the thing. So, no. So I feel like I'm starting all over again with this. CHAIRMAN KAUFMAN: Let's take one nightmare at a time. MS. TRESSLER: Okay. CHAIRMAN KAUFMAN: What needs to be done? I can't really read that. It says -- Cristine, if you can. MS. CURLEY: Left side pipe is drained, and must be replaced. Slopes are incorrect, and meter -- at metered ends. Driveway have not been finished with asphalt. Driveway not correct dimensions at street edge. Needs to be 30 feet. Right side pipe is too low and must be replaced. MS. TRESSLER: And when I had it inspected before, the inspector -- he's retired now. He said it was a couple centimeters and it would be okay, you know, once they put the cement over it. So I don't understand how a pipe is damaged when they're new pipes. MR. LEFEBVRE: Well, driving over, without it being concrete or asphalt, probably crushed the pipe. MS. CURLEY: It could have been delivered broken. MR. LEFEBVRE: That's probably what happened is vehicles being driven over it. That's why you put down an apron, the concrete or asphalt, so it takes the weight of the vehicles, unfortunately. MS. CURLEY: That's why you hire a person that does this for a living. MR. LEFEBVRE: But there was other inspections -- MS. TRESSLER: I can't forward to hire -- you know, if I could have afforded to hire somebody, I would have done it a long -- when the county decided to do this. You know, when the -- this is something that happened, that the county decided they were going to, June 23, 2021 Page 77 you know, make pipes put in there. I mean, that neighborhood's been there forever. MS. CURLEY: So we're very aware of the drainage improvements that are happening there, and it's for the benefit of all of the northern part of the county. It's not for you. MS. TRESSLER: Right. MS. CURLEY: It's for drainage -- MS. TRESSLER: I understand that. If you don't have the money, what do you -- MS. CURLEY: Are you asking me that question? MS. TRESSLER: Well, I'm asking everybody that question. MS. CURLEY: I'd move. MS. TRESSLER: I'm just stating the fact. MS. PATTERSON: Mr. Chair, if I could just say something that might bring us up to speed, too, to help us a little bit. CHAIRMAN KAUFMAN: Sure. MS. PATTERSON: When Ms. Tressler was found in violation of the right-of-way, a permit was issued back on April 25th, 2018. Multiple inspection were performed, and they passed, but the permit was canceled on 4/22/21 due to inactivity on the permit. So she had to get a new permit. That brings us up to today. That's what she has today. There were -- and I believe you pulled the permit owner/builder; is that correct? MS. TRESSLER: Uh-huh. MS. PATTERSON: And so pulling the permit owner/builder she acts as the contractor. So she can hire, you know, somebody to come out and do it, and then they can call in the -- or she can call in the inspections, like you called in the inspections. And there's kind of a disconnect there. So what I did was try to lead her to -- I asked her -- I told her this morning I was going to give her a copy of this prior to her getting June 23, 2021 Page 78 the corrections letter so that she'll know, and also I'm going to give her Renald Paul's name and contact information so that she can go to the county, meet with him, meet with the inspector, and find out exactly what needs to be done. He can actually show her the drawing. There's a drawing that the inspector did that shows exactly what's going on right here. So -- and I'll help her as much as I can through that process and be there if I need to. But this is kind of where we're at right now. And like I said, I believe that -- the permit's issued, and it will be -- it will be expired on 11/1, so she still does have time. CHAIRMAN KAUFMAN: I don't quite understand. It says, the left side pipe is damaged and must be replaced. It can't be fixed. MS. PATTERSON: I don't know because I'm not an inspector, but what I know is that generally -- and now I see this right here where it talks about -- let's see. Where it says, the driveway dimensions are not correct. There's no approach on either one of these. So she put in the culvert and, like Mr. Lefebvre was saying, you continue to drive over it like that with no concrete there, it's going to crush the pipe. CHAIRMAN KAUFMAN: Okay. Lee? Lee? MR. RUBENSTEIN: A couple questions. From looking at the inspector's report, and since this has been going on for five years, to me it looks like you need a brand-new driveway, not a pipe here or a pipe there, because there is no material on the surface. So to me it looks like you need a new driveway, and I'm not sure what the costs are of it, but it's got to be cheaper to get that done than deal with what you've got sitting here. Have you had any quotes on a new driveway? MS. CURLEY: This is not about a driveway. MS. TRESSLER: Sir, I can't afford a new driveway. I'm -- I went from living at my parents' house and my father taking care of all June 23, 2021 Page 79 the bills to inheriting this -- you know, this home. That's the only place I have to live in, you know. MR. RUBENSTEIN: I understand. MS. TRESSLER: I'm trying to do the best I can. Like I said, I've been away from the house for so long because I've had to go back and forth to Texas, you know, to deal with other things. I'm trying to do the best I can and, like I said, I went out there yesterday and looked at the pipe. I'm not an inspector, but I couldn't see any damage in the pipe. He said, well, get down on your knees, which I did, with a flashlight, and I couldn't see what he found wrong with the pipe. You could be correct, sir, saying that, but it's just one car, you know. It isn't like it's, you know, a mobile truck or something going through this. So I don't understand what -- where the damage is. Like I said, I've replaced pipes in two entrances that didn't need replacing, like I said, right from the beginning. If I had known better -- and, also, the state came in and did the -- whatever you call it. MS. PATTERSON: Swale. MS. TRESSLER: The ditch they put in there after the pipes were replaced, you know, so that could have done it, too. I don't know. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So you know that you're here because you've been accruing fines for a very long time, and the fine total amount is $260,159.49? MS. TRESSLER: Well, I'm here hopefully to correct -- MS. CURLEY: We can never remove fines if you've not corrected the violation, and it's not corrected. MS. TRESSLER: But, ma'am -- MS. CURLEY: I'm just telling you that this is all we're looking June 23, 2021 Page 80 at is this one page. We've seen and heard of this case since 2015 or 2018. We've talked to them. You've stated your situation about the financial burdens and it's the only place you have to live. And you asked me what I would do. I recommended I would probably move somewhere where I could manage the maintenance better. But those problems are yours, and what we're faced as a board -- we're your neighbors. We follow all the rules as well. And we're your neighbors -- is to deal with this fine now because you've not corrected your situation. MS. TRESSLER: But I tried correcting the situation. I got the pipes replaced, you know, both. Legally somebody said to me -- and I don't know if this is true or not, that by law you only have to do one. MS. CURLEY: So, excuse me. When you put in your permit as an owner/builder you assumed the responsibility that you are a contractor. So by doing so, you have to learn the rules and laws set forth for this project. And with the five items that were thumbs down yesterday it doesn't seem like you've been able to understand and be able to follow through with your permit as you stated you would when you put in for your permit as an owner/builder. Again, that's your task to manage, not ours. MS. TRESSLER: I understand. CHAIRMAN KAUFMAN: I have one question for the county. Is this property homesteaded? MS. TRESSLER: Yes, it is. MS. PATTERSON: Yes, I believe it is now. CHAIRMAN KAUFMAN: That's all I need to know. MR. LEFEBVRE: Ms. Tressler, you're here. MS. TRESSLER: Yes, sir. MR. LEFEBVRE: How much time do you need to get this resolved? MS. TRESSLER: Well, I was hoping -- it took so long since I June 23, 2021 Page 81 applied for the permit to get the permit and then to get somebody to come out and see it, I was hoping -- I had called to see if we could avoid this thing so I could get it done and come back when it was totally done so we wouldn't be going through this all over again. MR. LEFEBVRE: If I'm -- CHAIRMAN KAUFMAN: Come up with a number; a month, two months, three months. MS. TRESSLER: Well, I'm hoping -- you said I still have how long on the permit I have now? CHAIRMAN KAUFMAN: Till November. MS. PATTERSON: November 1st. But here's the thing is that right now on the permit you only had two inspections that were left. The inspection that they're doing today would be the final right-of-way inspection. It's going to fail most likely, and the reason why is because you still have these outstanding corrections to do. That being said, when you talked about a whole new driveway, I mean, you don't have the approach there, the concrete there or anything. If you do have to do something to the pipe, there's something with the pipe that is not -- it's too low. So I can't -- I can't really say, but it's not going to be overnight, that's for sure. MR. LEFEBVRE: There were inspections prior where it failed, if I'm not mistaken, for a pipe being too low, if I remember. I'm pretty sure. I'm pretty sure. MS. PATTERSON: If that was -- you know, I'd have to look back on it and see. MR. LEFEBVRE: I'm pretty sure it was. Again, back to my question. How much time do you think you need? MS. TRESSLER: Six months. CHAIRMAN KAUFMAN: Okay. That will bring you to the November time frame. MR. LEFEBVRE: Roughly. Roughly. Okay. June 23, 2021 Page 82 MR. BLANCO: I'll make a motion to continue the case for six months till our November hearing. MR. LEFEBVRE: I was going to say that, too. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Okay. It passes. So you have until six months from now. Let's see, this is June, July, August, September, October -- November is probably the real date that you have, but this case is put off until December. MR. LEFEBVRE: November hearing. CHAIRMAN KAUFMAN: November hearing. Okay. So you have -- you should have plenty of time to address what it is and go from there. MS. TRESSLER: Okay. Mrs. Patterson's been really helpful, you know, with -- but, like I said, I had an inspection Monday and another one. What could I get done in that time? CHAIRMAN KAUFMAN: Okay. Well -- MS. TRESSLER: Okay. CHAIRMAN KAUFMAN: -- now you have a lot more time. MS. TRESSLER: Okay. Thank you very much. I appreciate it. CHAIRMAN KAUFMAN: Okay. MS. TRESSLER: Thank you. June 23, 2021 Page 83 MS. PATTERSON: Thank you very much. MS. TRESSLER: And I'll, you know, try to see what you said. I mean, it's easier to say move somewhere else, but when you're 72 years old and you have no resources. MS. CURLEY: Good luck. MS. TRESSLER: Thank you. CHAIRMAN KAUFMAN: Good luck. MS. BUCHILLON: Next item on the agenda, No. 5, CESD2020000511, Guillermo Garcia and Sara Rojas De Garcia. (Melissa Rodriguez, the interpreter, was sworn to truly and correctly interpret English into Spanish and Spanish into English.) TNE INTERPRETER: I do. (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: I do. MS. DE GARCIA: Yes. MR. GARCIA: Yes. CHAIRMAN KAUFMAN: Can everybody state their name on the microphone so we can hear. MS. DE GARCIA: My name is Sara Rojas De Garcia. CHAIRMAN KAUFMAN: Okay. MR. GARCIA: My name, Guillermo Garcia. CHAIRMAN KAUFMAN: Okay. MS. RODRIGUEZ: Melissa Rodriguez. CHAIRMAN KAUFMAN: So you're the interpreter. Okay. I don't know if you need the masks on or not, but that's up to you. Okay, Joe. MR. MUCHA: Good morning. For the record, Joe Mucha, Supervisor, Collier County Code Enforcement. Past order: On November 20th, 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 June 23, 2021 Page 84 ordered to correct the violation. See the attached order of the Board, OR5883, Page 780, for more information. The violation has been abated as of April 28th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from January 20th, 2021, to April 28th, 2021, 99 days, for a total fine amount of $9,900. Previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing is $59.49, for a total fine amount of $9,959.49. And just from information that I got about this, I think there was a little bit of a language barrier, and I think once they had the permit issued, they kind of believed that they were done, and it was maybe a little miscommunication that they also had to get the inspections done. So I think that's maybe a cause for a little bit of a delay. CHAIRMAN KAUFMAN: Okay. Do the respondents want to say anything or -- THE INTERPRETER: She said all the inspections that have been required are finished, and they have their permits for the shed. CHAIRMAN KAUFMAN: Yeah, it was done in April. So it was done two months ago. Any questions or motions from the Board? MR. LEFEBVRE: Make a motion to deny the county's request to impose fines. MS. CURLEY: I'll second that. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. June 23, 2021 Page 85 MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. All done. THE INTERPRETER: Thank you. MS. DE GARCIA: Thank you. MS. BUCHILLON: Next case, No. 9, CELU20200010724, Greg Carlisle, care of E. James Kurnik. (The speakers were duly sworn and indicated in the affirmative.) MR. CARLISLE: Yes, ma'am. MR. MUCHA: I do. THE COURT REPORTER: What is your name? MR. CARLISLE: Greg Carlisle. CHAIRMAN KAUFMAN: Okay. MR. SHORT: For the record, Supervisor Eric Short with Collier County Code Enforcement. This is in regards to your past orders on January 28th, 2021, 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 violation. See the attached order of the Board in the OR Book 5896, Page 3111, for more information. The violation has not been abated as of June 23rd, 2021. Fines have accrued at rate of $150 per day from the period of April 29th, 2021, to June 23rd, 2021, 56 days, for a total fine amount of $8,400. Previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing is $59.35, for a total of $8,459.35. CHAIRMAN KAUFMAN: Could you read that total again. MR. SHORT: $8,459.35. June 23, 2021 Page 86 CHAIRMAN KAUFMAN: Yeah. Our sheets have a different number on it. MR. SHORT: Yeah. The reason for that, the operational costs were paid today. CHAIRMAN KAUFMAN: Oh, they were paid. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: Okay. Sir? MR. CARLISLE: Guilty. MS. CURLEY: Take him to jail. MR. LEFEBVRE: In 20 years on this board almost, I've not heard that yet. MS. CURLEY: What's going on? MR. CARLISLE: I'm embarrassed to be here because when he asked how long I'd need, he offered six months. I said I'll have it done in three, and it didn't happen. And what I'm here for is there's containers parked behind a vacant parcel that have been there for 20 years. We -- I developed the property at 6800 Golden Gate Parkway, which was run by myself for years and then sold to LA Fitness, and it was full of gym equipment. And it was really -- the only person that knew the containers were there and it affected was the neighbor next door, because you really couldn't see it unless you looked at an aerial. However, I was in Puerto Rico, and while I was in Puerto Rico, I let -- a friend of mine asked if he could park some boats back there. I said he could, and when I came back, he had boats parked along the side of the road, and that obviously drew attention to the property, and that's why a neighbor complained. I understand the violation. And it was my intent -- now they're full of construction equipment -- was to build a home there, but it's -- when I said three months, I thought I could get a permit by then, but I can't get anybody to commit to the cost for a home. June 23, 2021 Page 87 So it's -- I don't know what to do other than -- yeah, I'm going to remove the containers. I was hoping to build a home. We're looking at -- we do have a house that was engineered for the -- or engineered -- developed for the property. The trusses came in at 15,000. Now they're at 60,000. We're looking at redesigning it so it has a concrete roof instead of a truss system, which, believe it or not, is actually cheaper, and that -- with the architectural now being -- what am I trying to say? -- modern instead of the Mediterranean style, it won't look out of place, but it still has to be redesigned. So I don't even know if it will come in cost effective then. CHAIRMAN KAUFMAN: Let me help you out. MR. CARLISLE: Yes, sir. CHAIRMAN KAUFMAN: Since this has not been abated, we can't do anything with the fines. MR. CARLISLE: Yes, sir. CHAIRMAN KAUFMAN: What we can do is we can give you some more time to figure out what you're doing. MS. CURLEY: I just have a question. The only thing left there is the containers? MR. CARLISLE: No, ma'am. MS. CURLEY: The boats are still there? MR. CARLISLE: No, no. The boats -- one boat was there. I had the boats removed. MS. CURLEY: The containers are still on site? MR. CARLISLE: Yes, ma'am. MR. LEFEBVRE: Let me ask you a question. If he gets a permit, construction materials are allowed on the site? MR. SHORT: Yes, and historically a shipping container would be allowed to house that construction material. MR. LEFEBVRE: So now -- June 23, 2021 Page 88 MR. CARLISLE: That's what I was hoping for when I said three months. I thought I could get the permit process done. MR. LEFEBVRE: Get the permit, and that would -- MR. CARLISLE: It didn't happen. MR. LEFEBVRE: So now that you're getting everything reengineered, what stage are you at in that process? MR. CARLISLE: I talked to my architect, who you might know, JD Allen. He said, Greg, don't do anything for two years. MS. CURLEY: Oh, man. MR. LEFEBVRE: The fines -- MR. CARLISLE: No. I didn't even know I was getting fines until I looked at this, but I understand fines are there. MS. CURLEY: How about if you move those containers somewhere, and we all live happily ever after? MR. CARLISLE: I'm going to have to do that. I agree. CHAIRMAN KAUFMAN: Well, how much time do you need -- do you think you need to decide what you're going to do? MS. CURLEY: I'd take your architect's advice. CHAIRMAN KAUFMAN: A month? Two months? If you don't know, we don't know. MR. CARLISLE: It could take three months. CHAIRMAN KAUFMAN: Okay. That's a number. MR. LEFEBVRE: So the question I have, if you go ahead and you're going to reengineer the building to do -- you're not going to do a truss system, so it's not going to take probably three months for the trusses to come back, so you have a -- so you can pull a permit and do the architecture. So if you do decide to go that route, how long do you think it will take before you submit a permit? And then you've got to have review by the county, which is probably going to take 30 to 45 days. MR. CARLISLE: To go into permitting -- we did get the price June 23, 2021 Page 89 for the poured roof, which was within budget. I need to price back out what the other trades are going to do, the HVAC, the electric, et cetera, but -- MR. LEFEBVRE: Do you have prints now? MR. CARLISLE: I do. MS. CURLEY: Are you building this yourself? MR. CARLISLE: I was, yes, ma'am. MS. CURLEY: Well, that's going to take twice as long. MR. LEFEBVRE: So you have prints now. So you're in the bidding process. Once you figure, okay, the bidding, it's within the realm of me building what I want to build within the budget I want to build, so you're pretty far along in that process. The process that takes a while is getting the engineering done and getting architecture work done. That's done. So it's going to take probably a month-and-a-half, two months once you're in permitting. So how long do you think it's going to take to get the bids? MR. CARLISLE: Well, I think once we're in permitting, the containers could remain, right? MR. LEFEBVRE: You have to have a permit. MR. CARLISLE: Oh, true, true. Excuse me. MR. LEFEBVRE: You have to have a permit. MR. CARLISLE: You're right. MR. SHORT: I would like to answer that question, though. Can you just clarify, just so they understand, how many containers are on site? MR. CARLISLE: Do I have to say that? Eleven. MR. LEFEBVRE: Eleven. MR. CARLISLE: Of which not all of them are being used. I can get rid of five of them right now. I had my son on site unloading them, and he got mad at me and quit. MS. CURLEY: That's funny. June 23, 2021 Page 90 MR. LEFEBVRE: So what I'm trying to get at is, I'm trying to come up with a time frame that can work to where we can come up with an amount of days. MR. CARLISLE: The problem with the house plans I have now is the -- I don't know if they're going to -- we just got that bid in this week. I didn't even think it was going to work, but I think I would be -- rather commit to getting the containers out of there would be better. CHAIRMAN KAUFMAN: Let me try this. MS. CURLEY: Then you're done with it. CHAIRMAN KAUFMAN: Time out. We give you, for instance, a continuation of three months, and in two-and-a-half months you did this, that, and the other thing, you still not there, and you need more time, it's not cast in stone. You can come back and ask for more time. MR. CARLISLE: I appreciate that. CHAIRMAN KAUFMAN: So it's a case of we can't put every brick in place for -- you know, to come up with a time frame, so... MR. LEFEBVRE: I make a motion to grant him four months. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion. MR. LEFEBVRE: Continuance for four months. CHAIRMAN KAUFMAN: Continuance, okay. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. MS. CURLEY: And there's -- the conversation is the one I always bring up -- MR. CARLISLE: Yes, ma'am. MS. CURLEY: -- is that now you have fines on this property. June 23, 2021 Page 91 If you go to a lender, they're going to see this lien, and you have to explain it. MR. CARLISLE: That's not an issue, but thank you for explaining that. MS. CURLEY: And $150 every day until -- MR. CARLISLE: That's going to hurt. CHAIRMAN KAUFMAN: So the sooner you get it done, the smaller the fines. MR. CARLISLE: Yes, sir. CHAIRMAN KAUFMAN: And the possibility of the fines being -- MR. CARLISLE: Abated. CHAIRMAN KAUFMAN: -- ameliorated, for lack of a cool word. So we have a motion. We have a second. MS. CURLEY: What is the extension, for how long? CHAIRMAN KAUFMAN: Four months. MR. LEFEBVRE: Not extension; continuance. CHAIRMAN KAUFMAN: Continuance for four months. MR. CARLISLE: That means I'll need to come back before the Board, right, four months from now? CHAIRMAN KAUFMAN: Unless you get everything done in four months. MR. CARLISLE: But I'll still need to come back to -- CHAIRMAN KAUFMAN: You still probably want to tackle the fine. MR. CARLISLE: Right. CHAIRMAN KAUFMAN: Okay. MR. CARLISLE: Thanks for the note. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. June 23, 2021 Page 92 CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: It carries unanimously -- oh. MR. RUBENSTEIN: Against. CHAIRMAN KAUFMAN: It passes. MR. CARLISLE: Thank you. CHAIRMAN KAUFMAN: Okay. So we'll see you soon. MS. CURLEY: Good luck. MS. BUCHILLON: Next case, No. 4, CESD20190009049, Jose S. Olivares-Gonzalez and Ana J. Trejo De Olivares. Respondent was notified certified and regular mail June 4th, 2021, and it was posted at the property and courthouse June 7th, 2021. CHAIRMAN KAUFMAN: We have a letter attached to this? (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: I have a handwritten note. Is that the note that goes with this? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. So Gerald is trying to talk me into a different note. MR. LEFEBVRE: It didn't work. CHAIRMAN KAUFMAN: No. Okay. “We initially tried to get permit, but we found out it was going to cost a lot of money, and we couldn't afford. That's when we decided to removed the addition. We are asking that you would please remove the fines,” so... MS. CURLEY: I love that. It's perfect. CHAIRMAN KAUFMAN: Do you want to read this into the June 23, 2021 Page 93 record for us, Joe? And let the record show that the respondent is not present. MR. MUCHA: Yes. For the record, Joe Mucha, supervisor, Collier County development. Past order: On November 22nd, 2019, 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 violation. See the attached order of the Board, OR5703, Page 3297, for more information. On November 30th, 2020, to Code Enforcement Board granted a continuance. See the attached order of the Board in documents and images for more information. The violation has been abated as of June 22nd, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from March 22nd, 2020, to June 2nd, 2021, for 438 days, for a total fine amount of $87,600. Previously assessed operational costs of $59.28 and $59.35 have been paid, operational costs for today's hearing is $59.56, for a total fine amount of $87,659.56. So if I could just give you a little bit of background on this. This is a Habitat community. Habitat was the one that actually turned the violations over to us, so it's not like it was from a neighbor or anything. And initially the family did want to permit the additions. They started to, and then I think the costs, you know, with engineering, drawings, and everything, it just was overwhelming for them. They are, obviously, on a limited income. So they elected to remove everything. It just took a little bit of time, but they got it done. MS. CURLEY: I remember this. MR. MUCHA: And they couldn't be here today. Their son, he's an adult son, but he actually has cancer, and they had to take him to June 23, 2021 Page 94 Miami for his chemotherapy treatments. MR. LEFEBVRE: Make a motion to deny the county's request to impose the fines. MR. BLANCO: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. It carries unanimously. MR. MUCHA: Thank you. MS. BUCHILLON: ***Next case, No. 6, CESD20200000495, Julio Aleman and Milagros Aleman. Respondent was notified regular and certified mail June 4th, 2021, and it was also posted at the property and courthouse June 7th, 2021. CHAIRMAN KAUFMAN: Gerald, this is the writeup on this one. I had to rub it in. MR. LEFEBVRE: I knew. I've got the right one now. Thank you. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: Before you begin, let me read the letter. Okay. Joe, you have a little story on this? MR. MUCHA: Yes, sir. I'll start with reading this in. For the June 23, 2021 Page 95 record, Joe Mucha, supervisor, Collier County Code Enforcement. Past order: On November 22nd, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance -- ordinances and ordered to correct the violation. See the attached order of the Board, OR5874, Page 376, for more information. Violation has been abated as of April 27th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from February 19th, 2021, to April 27th, 2021, for 68 days, for a total fine amount of $13,600. Previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing is $59.49, for a total fine amount of $13,659.49. So this is similar to the last one. It's a Habitat community. The violation was turned in by Habitat to us. And I think one of the issues that caused the delay here was -- after everything is inspected and permitted, they have to submit a 10-day spot survey, and I think that was something that they were unaware of, so it took a little bit longer. They got it done. It's really only a couple months beyond the time that was ordered. And this is for a lanai. MR. BLANCO: Make a motion to deny the county's petition for imposition of fines. MR. LEFEBVRE: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. June 23, 2021 Page 96 MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Joe. MR. MUCHA: Yes, sir. MS. CURLEY: I mean, this might be a good opportunity for the county to work with the Habitat communities to educate a little bit further on what the homeownership of these new buyers -- some of the things they have to do when they move in, and they want to make alterations. It would stop this, and are we just going to assume that they're first-time homebuyers in this community? MR. MUCHA: I think a lot of these were people that have been there for a while and they just didn't realize, or maybe Habitat wasn't good about telling them. I mean, we've been doing reach-out -- we go to their meetings, and we try to explain all of this now to try to catch this stuff ahead of time now. But this was stuff that's been existing for a while. MS. CURLEY: Got it. CHAIRMAN KAUFMAN: Okay. It looks like you're in charge of the next two. MS. BUCHILLON: Yep. MR. MUCHA: Next one. MS. BUCHILLON: Next one, yeah. Next case, No. 7, CESD20200006945, Martha Cisneros. Respondent was notified certified and regular mail June 4th, 2021, and it was also posted at the property and courthouse June 8th, 2021. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. For the record, Joe Mucha, Supervisor, Collier County Code June 23, 2021 Page 97 Enforcement. Past order: On January 28th, 2021, 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 violation. See the attached order of the Board, OR5896, Page 3109, for more information. The violation has not been abated as of June 23rd, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from April 29th, 2021, to June 23rd, 2021, for 56 days, for a total fine amount of $8,400. Fines continue to accrue. Previously assessed operational costs of 59.28 have not been paid, operational costs for today's hearing is $59.28, for a total fine amount of $8,518.56. Now, the story on this one -- this is non-Habitat, and there's a litany of it items that were cited, and nothing has been done, and the homeowner is not in touch with us. Everything remains. CHAIRMAN KAUFMAN: The homeowner lives -- MR. MUCHA: I don't even know if the homeowner's there. I mean, we've spoken to family members, and nothing. MS. CURLEY: Oh. You don't think they're dead? MR. MUCHA: No, not dead. Just not -- CHAIRMAN KAUFMAN: Mobile home, shed, storage containers, et cetera, on the property. Let the record show that the respondent is not present. Nobody has been able to reach the respondent directly? MR. MUCHA: Not directly, no, sir. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? MR. LEFEBVRE: Make a motion to impose the fines. MS. CURLEY: Second. June 23, 2021 Page 98 CHAIRMAN KAUFMAN: We have a motion and second to impose. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Thanks, Joe. Which brings us to the last case. MS. BUCHILLON: Yes, sir. Number 8, CESD20190002541, Orlando Galindo and Maria Galindo. Respondent was notified regular and certified mail June 4th, 2021, and it was also posted at the property and courthouse June 7th, 2021. (The speaker was duly sworn and indicated in the affirmative.) MR. HOLMES: I do. CHAIRMAN KAUFMAN: Let the record reflect the respondent is not present. MR. HOLMES: For the record, Bradley Holmes, Collier County Code Enforcement. Past order: On February 25th, 2021, the Code Enforcement Board issued a findings of fact, conclusion of law and order that the respondent was found in violation of the referenced ordinances and ordered to correct the violations. See attached order of the Board, OR5944, Page 926, for more information. June 23, 2021 Page 99 The violation has been abated as of May 7th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from April 27th, 2021, to May 7th, 2021, 11 days, for a total fine amount of $1,100.00. Previous assessed operational costs of $59.28 have been paid. Operational costs for today's hearing, $59.42. Total fine amount of $1,159.42. CHAIRMAN KAUFMAN: Has the respondent sent a letter in? MR. HOLMES: Yes. It's attached in the IDrive. If you don't have a copy, we can bring that up. CHAIRMAN KAUFMAN: I can't see that. You're getting warmer. Because of the reflection, I can't see it. MS. CURLEY: Yeah, the light's -- CHAIRMAN KAUFMAN: Why don't you just read it to us. MS. PEREZ: Yes. To whom this may concern. We have many delays from various areas in order to finalize the permit in the 60-day time frame that we hoped to finalize said permanent. There was shortage of material and the delivery of same material was delayed by a few weeks. Getting roof tile delivered was delayed for two weeks as well after being ordered and, finally, there was a delay with Collier County Building Department and application process and issuance. We applied in February 15, 2021, and finally received the issuance of our permit on April 5th, 2021. There was delays in getting responses from building reviewers regarding the approval of our elevation certificates and additional documentation in order to get our permit finalized. As soon as we got the last condition and inspection finalized, we obtained the certificate of completion. At this time we request that our fines be waived as we are fully compliant at this time. We thank you for your time in advance. Best regards, Orlando Galindo. CHAIRMAN KAUFMAN: Okay. Seeing cases that are a year June 23, 2021 Page 100 and two years old, this one's only 11 days. MS. CURLEY: I make a motion to deny the county's imposition of fines including today's costs of $59.42. MR. BLANCO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Gerald, do you want to do the honors, make a motion we adjourn? MR. LEFEBVRE: Make a motion we adjourn. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We are adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:59 a.m. June 23, 2021 COD FORCEMENT BOARD ' B ' T Kff ► = N, CHAIRMAN These minutes approved by the Board onSk 24,X,U, as presented X or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI LEWIS, FPR, COURT REPORTER AND NOTARY PUBLIC. Page 101