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CEB Minutes 07/22/2021JULY 22, 2021 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida July 22, 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 Danny Blanco Chloe Bowman Kathleen Elrod Lee Rubenstein, Alternate George Andreozzi, Alternate Gerald J. Lefebvre (Excused) Sue Curley (Excused) ALSO PRESENT: Patrick White, Attorney to the Board Helen Buchillon, Administrative Secretary, Code Enforcement Jeff Letourneau, Investigations Manager, Code Enforecement JULY 22, 2021 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. Notice: The 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. Okay. We're going to play musical chairs now. I'd like everybody to stand for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Why don't we start with the roll call. MS. BUCHILLON: Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Mr. Danny Blanco? MR. BLANCO: Here. MS. BUCHILLON: Ms. Chloe Bowman? MS. BOWMAN: Here. MS. BUCHILLON: Mr. Lee Rubenstein? JULY 22, 2021 Page 3 MR. RUBENSTEIN: Present. MS. BUCHILLON: Mr. George Andreozzi? MR. ANDREOZI: Present. MS. BUCHILLON: Gerald Lefebvre is excused, and Sue Curley is also excused. CHAIRMAN KAUFMAN: Okay. We have both alternates sitting up on the dais. A new member will be appointed sometime in the next week or two weeks or however long it takes. So today, since Lee was a voting member at the last meeting, George will be the voting member at this meeting. We alternate back and forth until we have -- okay. We had the minutes distributed. Does anybody have any comments on the minutes? (No response.) CHAIRMAN KAUFMAN: If not, then we will accept the minutes as published. And that moves us to the agenda. Do we have any changes, Helen? MS. BUCHILLON: Yes, we do. CHAIRMAN KAUFMAN: Oh, boy. MS. BUCHILLON: Okay. First off we have three stipulations. First stipulation under hearings, No. 3, CESD20200000760, Jaime Cisneros and Marie Cisneros. Number 8, CESD20200005017, Crystal Lake Joint Venture. Number 7, CESD20200002094, Jose Valdes and Olga L. Benitez. Number 1, CEVR20200011887, Sean Holcomb. And the last stipulation is No. 10, CEVR20200013095, Veriditas, LLC. And we also have withdrawns. JULY 22, 2021 Page 4 CHAIRMAN KAUFMAN: Okay. Let's see what we have withdrawn. MS. BUCHILLON: Under public hearings, D, hearings, No. 2, CESD20200007077, Acile King and Lysa Living Trust, has been withdrawn due to compliance efforts. Number 6, CESD20200012605, North Naples Properties, LLC, has been withdrawn due to compliance efforts. Under old business, C, motion for imposition of fines, No. 1, CESD20180006559, Anthony L. Baldoni and Dana S Baldoni, has been withdrawn and will be rescheduled for the August hearing. Number 3, CESD20190007261, Esterban C. Ramirez, Teresa M. Ramirez, and Ignacio Ramirez, has been withdrawn and will be rescheduled for the August hearing. Number 7, CESD20140017065, Davis Crossings, LLC, has been withdrawn due to compliance efforts. Number 11, CESD20180002262, has been withdrawn and will be rescheduled for the August hearing. Number 12, CESD20200001254, Jean Fortin, has been withdrawn and will be rescheduled for the August hearing. Those are all the changes for now. CHAIRMAN KAUFMAN: Okay. Can we get a motion from the Board to accept the agenda as modified. MS. ELROD: Motion to accept. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And second. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MR. BLANCO: Aye. JULY 22, 2021 Page 5 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We're going to start with the motion for extension of time; is that correct? MS. BUCHILLON: Yes, sir, yes. CHAIRMAN KAUFMAN: Okay. Under public hearings, motion for extension of time, No. 1, CESD20190013491, Mary S. Kress. MR. KRESS: I'm Barry Kress. This is my wife Mary. CHAIRMAN KAUFMAN: Come up to the mic and state your names on the mic for us. MS. KRESS: I'm Mary Kress. CHAIRMAN KAUFMAN: Okay. MR. KRESS: Barry Kress, husband. And the reason we're here, we're asking for an extension of time. CHAIRMAN KAUFMAN: Everybody has to be sworn in. (The speakers were duly sworn and indicated in the affirmative.) MS. PATTERSON: I do. MR. KRESS: I do. MS. KRESS: I do. CHAIRMAN KAUFMAN: Okay. Do you want to give us a little quickie background on this? I see by the number this goes back to 2019. MS. PATTERSON: It does. Mr. and Ms. Kress are the new owners of this property. Jill Davis, Larry Davis, were the original owners, and they had started some renovations on the house. And in the midst of doing the renovations and stuff like that, they sold the house to the Kresses. The Kresses were here for the previous hearing when Jill Davis was here for her -- I guess when we brought her to the code board for not having the permits CO'ed and stuff like JULY 22, 2021 Page 6 that. And so they're familiar, you know, and they bought the house knowing that these violations did exist. And they need more time to get them straightened away, so -- but they have their permits and stuff ready to go. It's just going to take a little more time. CHAIRMAN KAUFMAN: Okay. Had this -- this is a new case -- MS. PATTERSON: It's a new -- CHAIRMAN KAUFMAN: -- even though it has a 2019 date? MS. PATTERSON: It's an old case. It still goes on. The Davises' case is still the old one, but it's just new owners. CHAIRMAN KAUFMAN: What happens to the fines that were accumulating on the old case? MS. PATTERSON: I don't know. MR. LETOURNEAU: For the record, Jeff Letourneau. This is the same original case. The fines run with the property, not the owner, so... CHAIRMAN KAUFMAN: Right. MR. LETOURNEAU: So new owners come in. Fines still hang with the property. They're responsible now at this point. So the case remains the same. CHAIRMAN KAUFMAN: Okay. Because typically before a case is adjudicated, we have been granting continuances rather than extension of times. MR. LETOURNEAU: Correct. CHAIRMAN KAUFMAN: Okay. So on this one here, rather than being a motion for extension, I would consider this to be an extension of time, even though it's new owners, et cetera. MR. LETOURNEAU: I'm not following you. I think that you're asking just for more time to get the permits CO'ed, correct? MR. KRESS: Well, we're running into supply chain issues. JULY 22, 2021 Page 7 Like, some of the windows won't be available until the end of September, so we're wanting to do the work after they come in. That's where we're -- why we're here today asking for more time. MR. LETOURNEAU: Okay. I think this is just your normal request for an extension. I don't think the county would be -- the county would object to a continuance. We would -- because they were here and knew about the violation at the point that this case was brought before you guys in the beginning. I think it's just a normal extension of time. The county would be okay with that; correct, Sherry? MS. PATTERSON: Yes, yes. MR. LETOURNEAU: And we would object to the continuance. We believe the fines should continue to run, and then they have the opportunity to come back and ask for an abatement at the end. CHAIRMAN KAUFMAN: Typically, when the fines continue to run, that's called a continuance. An extension of time -- MR. LETOURNEAU: Okay. CHAIRMAN KAUFMAN: -- the fines stop. That's why I bring it up. MR. LETOURNEAU: Yeah, you're correct. I got it backwards. They're asking for a continuance, yes. CHAIRMAN KAUFMAN: Okay. I've been doing this longer than you have, Jeff. MR. LETOURNEAU: Yes. CHAIRMAN KAUFMAN: So -- MR. WHITE: For the record, Mr. Chairman, you have an order of this board that you signed back on March of this year, on the 25th, that granted a 90-day extension of time; that the fines would not be imposed or accrued during the extension period of time, and the time was extended to June 23rd, 2021. JULY 22, 2021 Page 8 CHAIRMAN KAUFMAN: That's right. MR. WHITE: So they are, in a sense -- assuming they filed timely to request the extension of time, they are here hoping to have that further extended. It is the Board's discretion to decide how they want to handle this. CHAIRMAN KAUFMAN: Okay. As far as the imposition of fines, once it comes into compliance, we can do that, but we can't dispose of the fines while it is still a pending case. MR. LETOURNEAU: Right, that's what I said. The only time that the -- the only time that you could think about taking care of the fines would be after the affidavit of compliance was filed and we went for an imposition of fines and they requested it at that point. CHAIRMAN KAUFMAN: I agree. So let me go to the respondent. MR. WHITE: Let me be clear before we proceed. There has been no order of your board imposing fines. You have an order finding a violation, you have a subsequent order extending the time to comply, and at this point, they're asking for a further extension of the time to comply. You do not have an order that imposed fines yet. It was scheduled on this agenda for an extension of time, not for an imposition of fine. CHAIRMAN KAUFMAN: I understand. MR. WHITE: Okay. CHAIRMAN KAUFMAN: The -- if this was July 24th, it would be a different story, but July 23rd, which is when this is granted till, is tomorrow. MR. WHITE: June. CHAIRMAN KAUFMAN: Okay. So fines will start to accrue on Friday. MR. WHITE: I said -- the order states June 23rd. CHAIRMAN KAUFMAN: Oh, June 23rd. I'm sorry. JULY 22, 2021 Page 9 MR. WHITE: Let me read it so that, you know, the record is clear. Make sure I got the right order here. Because there was a stip originally. The Board extended the time to comply. It would be re-noticed for a subsequent hearing date on or about June 23rd, 2021. They were granted a 90-day extension back on March 25th. CHAIRMAN KAUFMAN: Okay. So the extension has completed and fines, according to that stipulation, should have been starting to accrue. MR. WHITE: Well, my understanding of proper process is that the Board always first enters an order imposing those fines, which we do not yet have. If that is your desire today to do so, then I would suggest you would have to consider the motion for an extension of time and have the agreement of the county to have it be the imposition of fines and proceed in that direction. Deny the motion for extension and enter an order finding the violation obviously has not been cured, and at this point the fines should be imposed. CHAIRMAN KAUFMAN: It would be simpler if we -- I assume that the respondents are going to ask for a continuation, and it would be easier to grant a continuation and then handle the fines at the end of that continuation. MR. WHITE: If you had an order that imposed the fines already, I would absolutely agree. My procedural issue is simply the fact that you have not yet ordered them to pay fines. It's as if the time period at which the fines begin to accrue has not begun. Even though the order gave them time until June 23rd, on or about, they, as I said before, may have timely requested before June 23rd to be here. I don't have all of the documents in the record. CHAIRMAN KAUFMAN: I don't have -- MR. WHITE: Regardless, you're at a point where your options are to either do as the Board did back in March, which is to grant JULY 22, 2021 Page 10 some period of time to come into compliance without the fines accruing, or deny the motion for extension, consider your board's desire to impose the fines today, and have them begin to run for some period of time by which they would come into compliance and come back for reconsideration to waive those fines. CHAIRMAN KAUFMAN: Okay. Jeff? MR. LETOURNEAU: Yeah. Well, the county's not here -- or doesn't request the imposition today. If you -- if you deny the motion for an extension or continuance, whatever you guys want to decide, the county would like the opportunity to bring it back at a later date for imposition at that point. CHAIRMAN KAUFMAN: That's fine -- MR. WHITE: That would be appropriate. CHAIRMAN KAUFMAN: -- with the Board. Okay. Someone want to make that motion? MR. ANDREOZI: I'll make the motion. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. MR. RUBENSTEIN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So we'll do that. And let me just say to the respondents, there's not going to be any problem, I'm sure, getting this continued JULY 22, 2021 Page 11 until you get everything done. This is just the bureaucratic way that we handle things. MR. LETOURNEAU: So let's clarify this for these people. MS. KRESS: I'm confused. MR. LETOURNEAU: Yeah. Right now I believe your time for compliance ran out on June 23rd; is that correct, Mr. White? MR. WHITE: I believe that that's what you could infer the order to state, but until you have an order imposing fines, we don't have a point at which the fines begin to accrue. MR. LETOURNEAU: Well, no, because normally we have a case, they find a violation, they say you have to have this thing completed by a certain date, or fines start to accrue. I believe that we're at that point right now where they're accruing since June 23rd -- CHAIRMAN KAUFMAN: That's right. MR. LETOURNEAU: -- even though we haven't imposed and set a lien on the property at this point. CHAIRMAN KAUFMAN: The extension of time that was granted, the last extension of time, stopped the fines that were accruing from 2019. MR. WHITE: I do not disagree. All I'm saying to you and the Board and to the respondents and to the county is until the Board imposes the fines -- CHAIRMAN KAUFMAN: Which we just did -- which we just did and voted on. MR. WHITE: No. I understood you to be denying the request for the motion for extension of time. That's what I believe -- CHAIRMAN KAUFMAN: Okay. MR. WHITE: -- Mr. Andreozzi's -- if I said your name wrong, please forgive them. I believe that's the form of the motion. CHAIRMAN KAUFMAN: Okay. MR. WHITE: So when you come back the next time for the JULY 22, 2021 Page 12 imposition of fines, the Board will determine at that point in time -- and all the odds are that it will start on June 24th, okay, but it has not and cannot be decided today. CHAIRMAN KAUFMAN: Okay. Jeff? MR. LETOURNEAU: I think you misunderstood what I said. The county has no objection for the extension, whatever one that the fines continue to run from June 23rd, at this point. I just said that I didn't want the imposition today. I'd rather -- if you guys decided not to give them more time, we would like the opportunity to bring it back at a future date. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: I think this is like a normal case. The fines are running right now since June 23rd. Whether or not you want them to continue to run or not, I don't know if you voted on that or not because I was kind of confused -- CHAIRMAN KAUFMAN: We don't have to vote on it because it was an order that was -- that came due, and they started to accrue. MR. LETOURNEAU: Okay. So at this point right now we're at the fines are accruing. CHAIRMAN KAUFMAN: Right. MR. LETOURNEAU: And that -- we'll bring this back at a later date no matter if they take care of it or not -- CHAIRMAN KAUFMAN: That's correct. MR. LETOURNEAU: -- for a normal imposition. If they take are of it, they can ask for the fines to be waived at that time. If they don't, then you can impose at that point. CHAIRMAN KAUFMAN: Then you need to call the Sheriff, because Ossorio just came in here and kidnapped the respondents. MR. LETOURNEAU: Okay. Well, I think he's probably explaining to them exactly what's going on here. JULY 22, 2021 Page 13 MR. WHITE: Well, for the purposes of their request for this board today, you've denied their motion, and their case is concluded. CHAIRMAN KAUFMAN: No, we denied an extension of time. MS. BOWMAN: Can't we deny the extension of time and then make a -- and then do a continuance on top of that instead that would allow the fees to accrue until the next hearing? CHAIRMAN KAUFMAN: They are. Based on last order, that's exactly what's happening, and we just voted to deny the extension of time, so -- MR. WHITE: It's a fine legal distinction between -- the fines are, by operation of law, accruing, but there is no order imposing those fines, such that they could lead to a lien. And that's the fine distinction here. I understand that it's probably not worth mentioning, but for the purposes of the record, I'm doing the best to preserve the Board's position here, the county's, and the rights of the respondent. MR. BLANCO: Mr. Chairman, if I may, the Board has done this multiple times. And, you know, we have cases, they petition an extension of time. We denied that petition and we just continue the case. We've done this hundreds of times. We denied their motion for extension of time. I make a motion to continue the case for six months. MS. ELROD: Second. MR. BLANCO: Or a fine -- well, no, fine. Just continue the case for six months. MS. ELROD: I'll second that. We denied an extension but we're granting a continuance. MR. WHITE: A continuance of what? MR. BLANCO: Of the case. MS. ELROD: Of the fines accruing. JULY 22, 2021 Page 14 MR. BLANCO: So the fines have been accruing since June 24 of 2021. So we're continuing the case for another six months. The fines continue to accrue, but we're not going to -- we're just going to continue the case for six months. CHAIRMAN KAUFMAN: Okay. That's -- MS. BOWMAN: Patrick is shaking his said, but I kind of agree. MR. WHITE: I'm writing it down, and I will write that order, and the Chair will sign it exactly as the Board, assuming you all vote in favor. CHAIRMAN KAUFMAN: Okay. The respondents are gone. MR. LETOURNEAU: No, I believe they're out in the hall. CHAIRMAN KAUFMAN: Somebody smeared them with varnishing cream, because I can't see them anymore. Okay. MR. RUBENSTEIN: So we have a motion and a second. CHAIRMAN KAUFMAN: Yeah. We're going to vote on it. We might as well wait till they come in. (Interruption by the stenographer for clarification.) CHAIRMAN KAUFMAN: No, George is the voting member on this session. Lee was the voting member on the last session, until somebody is appointed. Okay. So Danny has made a motion to grant a six months' continuance. It has been seconded by Kathleen. Okay. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? JULY 22, 2021 Page 15 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So nothing happens for six months. Hopefully in six months you'll be back here and say, here's my CO, and then we can dispose of the fines or impose the fines. Does that make you happy, Patrick? MR. WHITE: My emotions are satisfied. I think the law is also satisfied. CHAIRMAN KAUFMAN: Okay. I'm so glad to hear that. Okay, thank you very much. MR. LETOURNEAU: Now, one point. If you guys get done before the six months is over with, Sherry will do an affidavit of compliance, and we'll schedule it for the -- we'll schedule it for the imposition at that point right there, and so -- MS. KRESS: Okay. MR. LETOURNEAU: Okay. So just try to get it done before the six months are over, that's what I'm trying to say. MR. KRESS: We're working with her on information. MR. LETOURNEAU: Okay. Sounds good. CHAIRMAN KAUFMAN: Okay. MS. PATTERSON: Okay. Thank you. CHAIRMAN KAUFMAN: All's well that ends well. Okay. MS. BUCHILLON: Next case under motion for extension of time, Number 2, CELU20190006474, Lisa Marie Silverman. (The speakers were duly sworn and indicated in the affirmative.) MS. McGONAGLE: I do. MS. SILVERMAN: I do. CHAIRMAN KAUFMAN: Good morning. Could you just give us a brief synopsis of where we are. And this is another case that goes way back. But for the people who haven't heard this before, this would be helpful. JULY 22, 2021 Page 16 MS. McGONAGLE: And I believe the finding of facts order is in the I drive, if you want to put that up. I don't know if you want to look at that or not. CHAIRMAN KAUFMAN: No. Just a quick summary. MS. McGONAGLE: She has a permitting issue that she's been working on. She's had a couple different contracts that she's had difficulties with. They've been working on obtaining drawings. She's converting a mobile home to a storage unit, and she's had two or three different contractors that she's hired and subsequently fired. She's been working with the county. We just had a meeting a couple weeks ago with myself and a couple other county members to help her with the situation. CHAIRMAN KAUFMAN: Okay. So where we stand right now is the respondent has requested an extension of time. MS. McGONAGLE: Right. CHAIRMAN KAUFMAN: Till when? I didn't see any letters or any requests, unless there is something. Helen, do you have anything? MS. BUCHILLON: Not that I know of. MS. McGONAGLE: Yeah, I think she -- MS. SILVERMAN: Can I get 10 years? CHAIRMAN KAUFMAN: Only if you commit burglary. MS. SILVERMAN: I didn't fire anybody, actually. I paid an engineer and, unfortunately, I guess it was the wrong engineer; $2,500. I filled out numerous permit applications down at Horseshoe Drive. I'm there at least three times a month jumping through hoops trying to get this right. I was told I probably could get this done if I had the right engineer. So somebody -- I don't want to name any names -- in the Horseshoe Drive gave me a name, and I gave him 850 times 2, so JULY 22, 2021 Page 17 1,700. And it turned out, Mr. Walsh told me he's not even really licensed. And he did a drawing, and every time I went to his office, Octavio's office, down the street from Horseshoe Drive, he said, oh, yeah, I'm right in cahoots with Mr. Walsh. And, unfortunately, I can't remember everybody's names. But they said he wasn't even allowed in the building anymore. So this is the kind of -- I mean, I wish I could laugh about it, but it's just crazy. CHAIRMAN KAUFMAN: Let me ask a question. MS. SILVERMAN: Of course, of course. CHAIRMAN KAUFMAN: Number one -- and either the county or you can answer -- you have a trailer sitting on a piece of property? MS. SILVERMAN: It was a truck bed converted into a -- I guess somebody converted it into storage -- that's what I thought -- unit. CHAIRMAN KAUFMAN: Okay. So you have a thing that's on a lot -- MS. SILVERMAN: Storage unit. CHAIRMAN KAUFMAN: -- that is not permitted? MS. SILVERMAN: Right, right, but I'm trying to get a permit, yes. CHAIRMAN KAUFMAN: So you went to several people. Did you speak with Renald Paul? MS. SILVERMAN: Oh, yeah. CHAIRMAN KAUFMAN: Okay. So -- who helps out on these type of things. MS. SILVERMAN: John Walsh; Robert Moore; Renald Paul; Michele, she's been wonderful. But, unfortunately, I don't understand the system, because I'm spending all this money. If JULY 22, 2021 Page 18 somebody said to me 100 percent you can't get it done -- because everybody keeps saying, why don't you just get a truck and get it off the property? But I've already spent $18,000. So if I could get the $18,000 back, I would definitely get the two car garage and put all my hay and grain -- because I have an animal rescue. And that's why I'm fighting so hard, because now the hay and the grain is in my house, and it's not a pretty sight. But it would rot if I didn't, you know, have it under roof. CHAIRMAN KAUFMAN: Okay. So let me try to understand -- MS. SILVERMAN: Sure. CHAIRMAN KAUFMAN: -- where we are right now. So you've tried with several people who have been recommended or not recommended, whatever, to resolve this situation by changing the -- I don't know what you would do. If it's not zoned for it, it's not zoned for it; is that correct? MS. McGONAGLE: Correct. CHAIRMAN KAUFMAN: So what needs to be done to come into compliance? I'll ask Jeff that, if he's aware. MS. SILVERMAN: Well, it is zoned. It's just not done right. It was supposed to be modified. So I got everything notarized. I got, you know, builder permit -- I did everything on permits, okay. So everything I was supposed to do I have done, and nobody would get back to me other than Michele. And I would reach out to Renald. Finally I got to speak to the big man on campus, Mr. Robert Moore. He was very nice. But he said, Lisa, nobody's come here from Octavio's office one time. And I told him -- CHAIRMAN KAUFMAN: Let me stop you a second. I don't want to hear the case, because this is not the time you hear the case. MS. SILVERMAN: Okay. CHAIRMAN KAUFMAN: What I want to know is, is there JULY 22, 2021 Page 19 something that's in the process that may bring this into compliance? MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: And that is what? MS. McGONAGLE: The first thing she had to do was remove all the components that made it a mobile home. MS. SILVERMAN: Which I did. MS. McGONAGLE: And she has done that. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: There was a kitchen and all that stuff inside. So she has done that. She's gone back and forth with corrections with the county, drawings and everything, what needs to be done. I believe the tongue had to be removed. Some other things. So she's been working on it, and it is in process. It's just that she's having difficulty getting the next set of drawings that have to be submitted once they reject, you know, whatever else it is. CHAIRMAN KAUFMAN: And those drawings are going to say that this is a storage unit; is that it? MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: Okay. Once it's classified by, I guess, Walsh that it's a storage unit, then this all goes away; is that correct? MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: Okay. I'm just -- I'm trying to help. MS. SILVERMAN: I understand. CHAIRMAN KAUFMAN: So -- I try to keep things as simple as possible. So are you getting -- MS. SILVERMAN: I wish it was simple. I really, really do. CHAIRMAN KAUFMAN: You and me both. So now you're having -- you have had drawings done, or you're still waiting to have the drawings done? JULY 22, 2021 Page 20 MS. SILVERMAN: I have paid for three sets of drawings. And I call every day, and they're like, oh, yeah. Well, you know, we've got to find Mr. Walsh, and we've got to get him in a good mood. And I finally went down there. They finally had a big meeting two weeks ago with everybody. And I think God must have been in the building, because Mr. Octavio, Joel, was there, and he was in the meeting, and he pretty much was caught in a lie that he never went back and rectified the drawings that I paid for. CHAIRMAN KAUFMAN: Is somebody -- is somebody doing the drawings now? MS. SILVERMAN: I was told that I have to come here first and see what you guys say for a continuance, because I ran out of time. And I'm not sure how I fix the drawings. CHAIRMAN KAUFMAN: Okay. So have drawings ever been submitted? Once you -- MS. SILVERMAN: Oh, yeah. CHAIRMAN KAUFMAN: Okay. MS. SILVERMAN: Three times. CHAIRMAN KAUFMAN: And they were rejected? MS. SILVERMAN: I believe so. CHAIRMAN KAUFMAN: Okay. Because otherwise you wouldn't be here. MS. SILVERMAN: Unbeknownst by me. CHAIRMAN KAUFMAN: Okay. So, Michele, they were rejected? MS. SILVERMAN: Here's all the drawings. MS. McGONAGLE: Yes. She had things submitted, rejected, they made some corrections, resubmitted, made some more changes. CHAIRMAN KAUFMAN: So are we down to the point where there's some specific thing that needs to be -- MR. LETOURNEAU: I have the correction letter right here, so JULY 22, 2021 Page 21 let's put it up on the board and take a look at it, okay? CHAIRMAN KAUFMAN: Okay? MS. SILVERMAN: I have the drawings. MR. LETOURNEAU: I'm not sure why it's not coming up here. MS. SILVERMAN: I have all the drawings, everything, all the notarized permits. MR. LETOURNEAU: Okay. Here we go. So this is the last letter of the rejection. This is the correction letter that was sent out. Have you seen this letter before, ma'am? MS. SILVERMAN: Yes, but the problem is it's not my fault. I always -- MR. LETOURNEAU: No, I'm not saying it's your fault. We're just trying to get to the bottom of what the problem is at this point. MS. SILVERMAN: I said I'll do anything. I'll stand on my head. I'll do anything if they could just tell me what I need to do other than -- MR. LETOURNEAU: Well, here's -- I'm going to tell you right now. Let's go over this letter step by step here. MS. SILVERMAN: Okay. MR. LETOURNEAU: This is the first reviewer. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of the code and relevant laws, ordinances, rules, regulations as determined by the building official, who is Mr. Jonathan Walsh. So that's the first thing that needs to be done. I would call this reviewer right here, Alma Brito, and ask her exactly what does that mean and -- MS. SILVERMAN: She's in touch with me, yes. MR. LETOURNEAU: The second one is, please provide an JULY 22, 2021 Page 22 updated electrical plan, and that's Didier Diaz. MS. SILVERMAN: That's also been done. There's no electrical in there anymore. It was pulled out. MR. LETOURNEAU: Okay. So this last comment right here, it says, according to the information provided in the stormwater plan worksheet, it seems that the calculations are wrong. And you were showing a total of 3,117 square feet, which is taking the final number equal to 28 percent of the impervious area, which is greater than the 25 percent allowed in the Estates zoning. That one seems like it's going to be the most difficult looking at it right now. So you need to take care of those three things in that permit. Hopefully -- MS. SILVERMAN: I'm sorry. Can you repeat that last one. I'm sorry. MR. LETOURNEAU: Yeah. The last one is I think that the -- whatever that structure is taking up -- MS. SILVERMAN: Yes. MR. LETOURNEAU: Is it on a pad, or what's going on? Is it just sitting there? Is it on a pad? MS. SILVERMAN: It's on a pad now. MR. LETOURNEAU: Yeah, to me -- and, you know, I haven't seen -- I haven't been out to the property. And Michele can correct me if I'm wrong, but I'm thinking that this means that the pad might be -- along with everything else, is taking up more than the allowable impervious area in the Estates zoned district. MS. SILVERMAN: Well, I was told to take the tongue off because it was sticking out. MR. LETOURNEAU: No, I'm not talking about the tongue. I'm talk about -- I'm talking about the pad, the house pad, every other building you've got there. The total combination of that is greater than 25 percent of the total lot. So I think you're running into some issues right there, and that needs to be rectified before you're going to JULY 22, 2021 Page 23 get that permit issued. CHAIRMAN KAUFMAN: Yeah. Otherwise, they're just going to keep on costing you money, et cetera. I'm trying to get to the point where you can get it resolved. This looks like the person that you need to work with. I don't know if the people that you've contacted already can resolve this situation, but it looks like maybe one of the pads will probably need to be removed. MR. LETOURNEAU: Or something. Something needs to be worked out, so -- MS. SILVERMAN: Right. MR. LETOURNEAU: -- at this point I would like to say the county has no objection to a continuance, giving her more time. CHAIRMAN KAUFMAN: Why don't you pull it. MR. LETOURNEAU: No, because I think at this point the fines start accruing at July 28th -- is that what you told me, Mr. White? MR. WHITE: The Board's prior order, Mr. Chairman and Board, gave until July 28th, an extension of time. The fines have not yet begun to accrue. So if you were going to do something similar to the last case, they would not begin to accrue until July 29th. MR. LETOURNEAU: So while she's here, I would ask the Board to make a decision on, you know, extending her or continuing some time. CHAIRMAN KAUFMAN: The problem that we have here right now is this is a tunnel with no end. MS. SILVERMAN: I never received this letter. I never received this letter. MR. LETOURNEAU: And I would ask Michele after this hearing to get this letter and e-mail it to her so she has it. You know, we have no objection for more time -- CHAIRMAN KAUFMAN: Okay. JULY 22, 2021 Page 24 MR. LETOURNEAU: -- the county doesn't. And, you know, if you give her more time at the end of that period, we might have some concerns, but -- CHAIRMAN KAUFMAN: Okay. So I'd like to accept a motion from the Board to grant a continuance of 90 days. MS. SILVERMAN: No. I need way more than 90 days, please. CHAIRMAN KAUFMAN: Okay. Pick a number. MR. BLANCO: I'll make a motion to continue the case till our January hearing 2022, whenever that is. MS. BOWMAN: I'll second that. MS. SILVERMAN: Okay. And may I just say this? If this doesn't work -- CHAIRMAN KAUFMAN: Hold on. We have a motion -- MR. WHITE: Point of order. CHAIRMAN KAUFMAN: -- and we have a second. MR. WHITE: Point of order, Mr. Chairman. Is the form of the motion to deny the extension of time and to continue the case -- CHAIRMAN KAUFMAN: Yes. MR. WHITE: -- and have the fines begin to accrue on July 29th? CHAIRMAN KAUFMAN: That's correct. MR. BLANCO: Yes, sir. MR. WHITE: Thank you. MR. BLANCO: So I'll revise my motion. So the motion would be to deny the respondent's petition for extension of time and continue the case till our January hearing 2022, whenever that is. CHAIRMAN KAUFMAN: Okay. We have a motion. We have a second. MS. BOWMAN: I'll still second. CHAIRMAN KAUFMAN: Okay. All those in favor? JULY 22, 2021 Page 25 MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have till January to get this thing done, and hopefully it won't cost you a whole bunch of money. Michele's going to give you a copy of that letter with the name of the person who denied your permit for specific reasons, and she should be able to answer what you need to do to come into compliance, okay? MS. SILVERMAN: Okay. Can I say just one more thing? CHAIRMAN KAUFMAN: You can. Go ahead. MS. SILVERMAN: If this doesn't work, I am going to get a building -- I guess it's going to cost about 40,000 -- and just put it over it, a permitted building. I was told I could do that. But, you know, I need to go buy some scratch tickets, because I don't have 40,000. CHAIRMAN KAUFMAN: Okay. Well -- MS. SILVERMAN: Or I'm just going to sell it, you know, because I'm -- MR. LETOURNEAU: The problem with that idea is that you're still going to run into the impervious space on the property at this point. MS. SILVERMAN: Right. MR. LETOURNEAU: So I don't think that's going to fly either. So you've got -- that's the main issue you have to work on with the county. I recommend -- there's three people that their phone numbers are on this piece of paper. I would call every one of them. JULY 22, 2021 Page 26 MS. SILVERMAN: I thank you very much. MR. LETOURNEAU: No problem. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: Thank you. MS. SILVERMAN: Thank you very much. MS. BUCHILLON: Next case on the agenda, we'll be moving onto stipulations. First stipulation, No. 3, CESD20200000760, Jaime Cisneros and Marie Cisneros. CHAIRMAN KAUFMAN: Let the record show the respondents are not present. (The speaker was duly sworn and indicated in the affirmative.) MR. CATHEY: I do. CHAIRMAN KAUFMAN: Ryan, why don't you read the stipulation into the record for us. MR. LETOURNEAU: Ryan, before you get started, Helen, do you have the signed stipulation over there you can put on the -- MS. BUCHILLON: Yeah. MR. LETOURNEAU: Okay. I don't have the signed one. Thank you. MR. CATHEY: Therefore, it is agreed between the parties that the respondent shall -- for the record, I apologize, Ryan Cathey, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, certificate of completion/occupancy for the unpermitted structures and fence within 180 days of this hearing, or a fine of a $200 per day will be JULY 22, 2021 Page 27 imposed until the violation is dated; Three, 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; And, four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of the abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. So they've got six months to pull the permits for the fence and other buildings. How many buildings are there? MR. CATHEY: Two. CHAIRMAN KAUFMAN: Okay. Do you foresee that being a problem? MR. CATHEY: No. It's also zoned ag, and the owner's potentially working to get his ag exemption, so... CHAIRMAN KAUFMAN: Okay. MS. ELROD: Motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. MR. BLANCO: Second. CHAIRMAN KAUFMAN: And we have a second to accept the stipulation. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MS. BOWMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. JULY 22, 2021 Page 28 Thanks, Ryan. MR. CATHEY: Thank you. CHAIRMAN KAUFMAN: Next case. MS. BUCHILLON: Next stipulation, No. 8, CESD20200005017, Crystal Lake Joint Venture. MR. HOLMES: Good morning. CHAIRMAN KAUFMAN: Good morning. (The speakers were duly sworn and indicated in the affirmative.) MR. HOLMES: I do. MR. APPERTI: I do. THE COURT REPORTER: Your name? MR. APPERTI: Dominick Apperti. Dominick Apperti, A-p-p-e-r-t-i. CHAIRMAN KAUFMAN: You can bring the mic closer to you. It's easier than stretching. MR. APPERTI: Good morning. CHAIRMAN KAUFMAN: Good morning. We have another tiki hut, or is this a case we've heard before? MR. HOLMES: It's a tiki hut on the same property, but it's a different folio number, so -- CHAIRMAN KAUFMAN: Okay. MR. HOLMES: -- it's a different case. CHAIRMAN KAUFMAN: Okay. MR. HOLMES: Ready? CHAIRMAN KAUFMAN: Do you want to read the stipulation into the record for us? MR. HOLMES: Yes, sir. For the record, Collier County Code Enforcement, Bradley Holmes. Therefore, it is agreed between the parties that the respondent shall: JULY 22, 2021 Page 29 One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted tiki hut structure within 120 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, 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; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring 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. MR. WHITE: Just one question for the respondent if I may, Mr. Chair. CHAIRMAN KAUFMAN: Go ahead. MR. WHITE: Can you just state on the record what your role in the joint venture is, what title you may have. MR. APPERTI: I'm the general manager. I'm the representative of the association. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Motion to accept the stipulation. MR. BLANCO: Second. CHAIRMAN KAUFMAN: We have a motion and a second to accept the stipulation. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: (No verbal response.) JULY 22, 2021 Page 30 MS. BOWMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. That gives you enough time to get everything done? MR. APPERTI: I believe so. CHAIRMAN KAUFMAN: We won't see you again? MR. APPERTI: I hope not. CHAIRMAN KAUFMAN: Okay. MR. APPERTI: Thank you so much. I appreciate it. CHAIRMAN KAUFMAN: Okay. Which brings us to No. 7. MS. BUCHILLON: Next stipulation, No. 7, CESD20200002094, Jose Valdes and Olga L. Benitez. MS. McGONAGLE: I do. MS. BENITEZ: I do. CHAIRMAN KAUFMAN: Good morning, everybody. Could you state your name on the microphone for us. You can bring it down. There you go. Your name? MS. BENITEZ: Olga Benitez. CHAIRMAN KAUFMAN: Okay. Our attorney has disappeared. He was going to ask you, if he was here, if you have the permission of the other party in this to make this -- to appear before us? There are two names that are on the document. Your name, Olga. MS. BENITEZ: Yeah. CHAIRMAN KAUFMAN: And Jose. MS. BENITEZ: Jose is working because he is driving, big driver. CHAIRMAN KAUFMAN: And Jose knows you're here? MS. BENITEZ: Yeah. JULY 22, 2021 Page 31 CHAIRMAN KAUFMAN: And he agrees with everything you do? MS. BENITEZ: Agree. CHAIRMAN KAUFMAN: As any good person would do with their partner. Okay. Michele, do you want to read the stipulation into the record for us. MS. McGONAGLE: Yes, sir. For the record, Investigator Michele McGonagle, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.35 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for all unpermitted structures within 180 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, 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. On this case, how many buildings are involved? MS. McGONAGLE: Four now. They've removed some other ones. So now we're at four, and they are -- they are in the permitting process. JULY 22, 2021 Page 32 CHAIRMAN KAUFMAN: Okay. Good. MS. ELROD: Motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Second. MR. ANDREOZI: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. You have six months to get everything done. MR. BENNETT: Thank you. Okay. Thank you. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: Thank you. CHAIRMAN KAUFMAN: Case No. 1. MS. BUCHILLON: Next stipulation, No. 1, CEVR20200011887, Sean C. Holcomb. (The speakers were duly sworn and indicated in the affirmative.) MR. HOLCOMB: I do. MS. McGONAGLE: I do. CHAIRMAN KAUFMAN: Michele's busy this morning. She had to go get a drink. MS. McGONAGLE: Sorry about that. CHAIRMAN KAUFMAN: Do you want to give us a quick rundown on this? MS. McGONAGLE: They had cleared property without JULY 22, 2021 Page 33 obtaining a permit. He had hired a gentleman that was an unlicensed contractor. Contractor Licensing investigated that; has taken care of that issue. So now he's left with abating the violation because there was overclearing done. CHAIRMAN KAUFMAN: The abating of this violation, what is that going to entail? MS. McGONAGLE: He's already hired -- he's been working with the Environmental Department, and he's already obtained documentation that he needed from the Department of Environmental Services. There's some other things that he had received that -- he can fill you in a little bit more, if you'd like. MR. HOLCOMB: Yeah. What had happened was the guy I'd hired, he didn't -- he told me I didn't need permits as long as I didn't take any of the trees. Well, he went 30 foot onto my neighbor's property. My neighbor called in. Michele came; busted him. We kicked him out. He took the 2,500; never really heard from him since. I hired a third-party company after I found out that I needed a wetlands removal permit, because my property is wetlands. They came in, said the wetlands is growing back fine; that I just needed to get the wetlands permit turned in to get the vegetation removal permit from the county. We got that uploaded on the portal around four or five days ago; last week. It just took some time for me to get a third-party company, because I tried to go directly through the DEP, and they told me they're no longer working with the public directly, that they'll work with a third-party company, so I had to find a third-party company, get somebody to come out, investigate it, draw up my plans. And then we found out how much mitigation was going to cost, so I had to revise my site plan to where we're doing just the fence now. But everything's uploaded on the portal, and we're just waiting on it to be JULY 22, 2021 Page 34 reviewed. CHAIRMAN KAUFMAN: Okay. Do you want the read the stipulation into the record for us? MS. McGONAGLE: Yes, sir. Therefore, it agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.35 incurred in the prosecution of this case within 30 days of this hearing; Number 2, obtaining all required Collier County approved mitigation plans, vegetative removal permits, building permits, inspections, and certificate of completion/occupancy to either keep the unpermitted improvement of the property as-is or to restore the property to its originally permitted condition within 180 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, 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 using the assistance of the Collier County Sheriff's to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. And you signed that? MR. HOLCOMB: Yes, sir. CHAIRMAN KAUFMAN: No problems? MR. HOLCOMB: No problems. MS. ELROD: Motion to accept the stipulation as written. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? JULY 22, 2021 Page 35 MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MS. BOWMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, sir. MR. HOLCOMB: Thank you. MS. McGONAGLE: Thank you. CHAIRMAN KAUFMAN: Good luck. MS. BUCHILLON: Last stipulation, No. 10, CEVR20200013095, Veriditas, LLC. (The speakers were duly sworn and indicated in the affirmative.) MR. HOLMES: I do. CHAIRMAN KAUFMAN: You might want to raise the microphone. There you go. MR. FERBER: I do. THE COURT REPORTER: Your name? MR. FERBER: John Ferber. CHAIRMAN KAUFMAN: Okay. Bradley, do you want to give us a quick rundown on this? MR. HOLMES: Absolutely. Bradley Holmes, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County approved mitigation plans, building permits, and inspections, JULY 22, 2021 Page 36 and certificate of completion/occupancy to either keep the unpermitted improvement of this property as-is or restore the property to its originally permitted condition within 180 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, 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; Four, that the respondent -- 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. So you had a piece of property and you cleared it prior to getting a permit; is that the situation here? MR. FERBER: Yes. We came in -- our team came into ownership of a large 10-acre plot that was, in our opinion, for lack of a better word, unmanaged or overgrown, and so to gain access to the property, we hired someone to poke a hole in it, if you would, and that obviously is clearing, which wasn't allowed, and so that was a mistake. CHAIRMAN KAUFMAN: Ordinarily, you can do up to an acre, but in this case I guess it was -- MR. HOLMES: Well, that's if you have a building permit. CHAIRMAN KAUFMAN: Right. MR. HOLMES: So you have to be intending to improve at the time. CHAIRMAN KAUFMAN: Okay. So you'll be able to bring this into compliance? JULY 22, 2021 Page 37 MR. FERBER: Yes, sir. CHAIRMAN KAUFMAN: Six months, okay. MR. WHITE: Just one question, if I may, of the respondent. And can state your role that you play in the LLC. Are you a manager -- MR. FERBER: Yes. MR. WHITE: Managing member? MR. FERBER: General manager. MR. WHITE: You're a managing member or manager? MR. FERBER: Manager. MR. WHITE: Thank you. MR. LETOURNEAU: Can we please add that to the stipulation, Brad; bring that over to him and get that taken care of. MR. HOLMES: Yeah. MR. LETOURNEAU: All right. MS. ELROD: Motion to accept the stipulation. CHAIRMAN KAUFMAN: We have a motion to accept the stipulation as written. MR. ANDREOZI: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MS. BOWMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Thanks, Bradley. Thank you, sir. MR. FERBER: Thank you. JULY 22, 2021 Page 38 MR. HOLMES: Thank you. CHAIRMAN KAUFMAN: Terri, we're okay for a while? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: That finishes the stipulations unless we have some late-breaking stip. MS. BUCHILLON: No. CHAIRMAN KAUFMAN: No? MS. BUCHILLON: No, but I do have an attorney that's here for an imposition of fines. CHAIRMAN KAUFMAN: Put him last. No. What are you laughing at? MR. WHITE: The assumption it was a he. MS. BUCHILLON: So you want to go ahead? And we can call that one first. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Okay. Under old business imposition of fines, No. 5, CEPM20200000363, Ozlyn Garden Villas A Condominium. (The speakers were duly sworn and indicated in the affirmative.) MR. JOHNSON: I do. MR. WOODWARD: I do. CHAIRMAN KAUFMAN: Give me a minute to juggle the paperwork. MS. BOWMAN: Is this the one that had all the docks in Palm River? MR. JOHNSON: Yes. For the record, John Johnson, Code Enforcement. Yes, Ozlynn Gardens has docks on a small canal there, yes, and they were damaged. CHAIRMAN KAUFMAN: Okay. When I read through these, the most important line here, unless it's been changed is, the violation JULY 22, 2021 Page 39 has not been abated. MR. JOHNSON: Correct. Now -- CHAIRMAN KAUFMAN: Hold on. Go ahead, John. MR. JOHNSON: Well, I was just going to suggest probably what you were going to suggest. Mr. Woodward is here to speak on behalf of Ozlyn, and he did put a letter in requesting, I don't know what to call it, but more time before this decision is made, and I think the Board may want to hear from him. CHAIRMAN KAUFMAN: This is over at the Palm River area? MR. JOHNSON: It's off of Haldeman Creek in the Bayshore area. CHAIRMAN KAUFMAN: Oh, this is downtown, okay. MR. JOHNSON: Yeah. CHAIRMAN KAUFMAN: I know that in the Palm River area we had a whole bunch of cases, and the problem there was they didn't have -- they didn't have sufficient time because of the state to do the inspections and whatever. Does that fall into this category as well? MR. JOHNSON: Well, the state, I think, is adding some obstacles to jump over on this as well. But this one -- no, this one is in the Bayshore area. And these docks were destroyed back at Irma, I think, and they went to rebuild them, and they've been trying to rebuild them, but the county has given them some things they need -- that they want done, like a Site Development Plan and fire suppression. And it got a little crazy, to my understanding. And I don't mean to speak for Mr. Woodward but, you know, the assessments have been collected from all the property owners. They're ready to go, and they're just working through the bureaucratic challenges, if you will, to get this done. CHAIRMAN KAUFMAN: Okay. Let's listen to the respondent, and we'll go from there. JULY 22, 2021 Page 40 Good morning, sir. MR. WOODWARD: Good morning. So the docks that were causing the issue, that actually had collapsed. What had happened was, is the fasteners that hold the decking onto the piling had rusted through. And so that actually happened just after Irma. One of my neighbors was on them, and he ended up going for a swim. I'm actually a unit owner there as well. But the actual decking that has collapsed and was in the canal has actually been removed, so that's no longer there. It's just the pilings themselves. We have a permit that we've applied for. The reason that hasn't been granted yet is -- as Mr. Johnson was saying, is that the county came -- during the pre-application meeting, the county stated we needed a Class 1 fire suppression system. That kind of threw a wrench into the whole works. Effectively what that would have required us to do is we would have had to tie into the county fire hydrant system, and the nearest fire hydrant is more than two streets away, so we would have had to horizontally bore underneath these roads, and it would have added something along the lines of 70- to $80,000 to the project. After some further communication, we discovered that that is not actually the case. So we do have to have a fire suppression system, but it's a much more reasonable three-inch diameter PVC pipe that can be installed by any Florida licensed plumber; that it can just be hooked up by the fire hydrant. So at this point all we're really waiting on is we have a design that can be approved by the county for new docks, and we are getting quotes from engineering firms to do the Site Improvement Plan so that we can proceed. CHAIRMAN KAUFMAN: Okay. And you believe that you'd be able to get this thing done in what period of time? JULY 22, 2021 Page 41 MR. WOODWARD: In the letter I requested 90 days. That would be the minimum in order to get the engineering firm on and hopefully get something into the county. The longer the better. Six months, I think, would be able -- enough time to get the county to actually approve and get the permits issued, and then it would just be up to the contractor to come in and rip the docks out and put in the new ones. CHAIRMAN KAUFMAN: The county has no objection? MR. WOODWARD: I'm sorry? MR. JOHNSON: Correct, no objection. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: Make a motion to grant a continuance for six months. THE COURT REPORTER: Can you use your mic? MS. BOWMAN: Make a motion to grant a continuance for six months. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second for six months, 180 days. Okay. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MS. BOWMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. WOODWARD: Thank you. MR. WHITE: I would just ask that you state your name and your role relative to the condominium association. JULY 22, 2021 Page 42 MR. WOODWARD: My name's Cameron Woodward. I'm an attorney with Woodward, Pires, and Lombardo. I represent the association, and I'm also a unit owner, and I'm on the Board of Directors. CHAIRMAN KAUFMAN: Okay. And your card is attached to the letter that you wrote in. MR. WOODWARD: Yes, my business block. Thank you for your time. CHAIRMAN KAUFMAN: That will make Patrick happy. Right, Patrick? MR. WHITE: I'm happy. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next case under public hearings, D, hearings, No. 5, CESD -- I mean -- CES20210004362, Robert Vocisano and Maro Vocisano. (The speakers were duly sworn and indicated in the affirmative.) MS. BAEZ: I do. MR. HOLMES: I do. Hello again. CHAIRMAN KAUFMAN: Good morning. An usual case. I don't think in all the years I've been here that I've seen this type of case, but okay. MR. HOLMES: All right. CHAIRMAN KAUFMAN: You might as well bring us up to speed on this, Bradley. MR. HOLMES: All right. For the record, Bradley Holmes, Collier County Code Enforcement. This is in reference to Case No. CES20210004362 dealing with a violation of the Collier County Land Development Code 2004-41, as amended, Section 5.06.10, in reference to modification of an existing approved sign located at 4100 Golden Gate Parkway Naples, Florida, 34116. Folio No. 35640120001. JULY 22, 2021 Page 43 Service was given on April 28th, 2021. I'd like to present the following details of the case: Code Enforcement received a complaint that an existing sign for the Quality Inn & Suites had been spray painted over with black paint. I conducted a site inspection on April 20th, 2021, and found that the sign was, indeed, painted black and lettering was partially -- still partially visible. Following a determination with county staff, it was found that the sign was in violation of the Land Development Code regulations. The sign panels should have been removed and replaced with a blank panel. Contact with hotel operations staff and a notice [sic] was conducted, and a notice of violation was issued. On June 1st, 2021, I was advised by hotel staff member Maria that they were attempting to contract Signcraft to bring the sign into compliance. Supervisor Cristina Perez spoke with Maria as well on June 20th, 2021, who explained that the sign company was required -- she explained to them that the sign company was required to conduct the work with the sign. Maria advised that the -- that they had spoke with the property manager to reach out to the owners. Investigator William Shanahan conducted a pre-hearing inspection and observed that work was being conducted on the sign. He inquired to see who the employees worked for and found out they were maintenance workers for the hotel and not a licensed sign company. They were asked to cease the work and remove only wind-blown debris that was created by their demolition that they were conducting. The sign in question remains in violation without having followed county regulations to abate. I'd like to present the following case evidence: Two photos taken by myself on April 20th, 2021; two photos taken by JULY 22, 2021 Page 44 Investigator William Shanahan on July 21st, 2021; a Google street map view obtained from the Google website that shows the original condition of the sign before painting; and then we had the zoning determination e-mail, if you'd like to see that as well. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos? MR. HOLMES: Yes. CHAIRMAN KAUFMAN: Do you have any objection to the photos being introduced? MS. BAEZ: Not at all. CHAIRMAN KAUFMAN: Okay. And I didn't get your name in this. MS. BAEZ: My name is Migally (phonetic) Baez. CHAIRMAN KAUFMAN: And -- MS. BAEZ: I'm the manager. CHAIRMAN KAUFMAN: Okay. MS. BAEZ: When all this started with the sign, I was not in charge. CHAIRMAN KAUFMAN: Okay. MS. BAEZ: It was Tony Soreling, so... CHAIRMAN KAUFMAN: And, Patrick, do you have any problem -- MS. BAEZ: No. CHAIRMAN KAUFMAN: -- our attorney, with you representing the hotel? MS. BAEZ: Not at all, no. Oh. MR. WHITE: Thank you. Based on the testimony and what we have in the record already and the agenda packet, I believe it's satisfied that she's authorized to appear as the representative. CHAIRMAN KAUFMAN: Okay. Do you want to show the photos then? JULY 22, 2021 Page 45 MS. ELROD: Make a motion to accept the photos. MR. ANDREOZI: Second. CHAIRMAN KAUFMAN: Yep. Motion and a second to accept the photos. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MS. BOWMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Okay. The first two are going to be from 4/20/21, and the second two are going to be from 7/21/21, and then the Google map. CHAIRMAN KAUFMAN: So the first picture that we're seeing is that -- MS. ELROD: Current. CHAIRMAN KAUFMAN: -- black portion? MR. LETOURNEAU: No, no. This is 4/20 right here. CHAIRMAN KAUFMAN: Oh, a year ago. MR. LETOURNEAU: So, yeah. This is the sign that got painted black up top here. If you look really close, you can still see some lettering underneath there. This is also from April 20th; other side of the picture. And this is from yesterday. And this is the original, what the sign looked like. Now, going back to the yesterday's picture -- and, Bradley, you explained that they tried to come into compliance, but they needed a licensed sign person to actually perform the work, and the people that were performing the work weren't licensed. MR. HOLMES: Well, the situation was it looked like they JULY 22, 2021 Page 46 were doing a demolition. Demolition won't necessarily need a sign company. They can use, most likely, a general contractor, but we advised the manager that she needs to consult with county staff at Growth Management to determine who can do a demo of the sign. MR. LETOURNEAU: Is there electric involved with this sign? MR. HOLMES: I believe that there is, so they're in understanding that they have to make sure all the bases are covered. Demolition is their ultimate goal at this point. CHAIRMAN KAUFMAN: Was this sign damaged during -- the initial sign? MR. HOLMES: There wasn't any, like, apparent storm damage or anything like that. They just were -- they departed from Quality Inn, so -- CHAIRMAN KAUFMAN: Okay. MR. HOLMES: -- they were just covering it up. CHAIRMAN KAUFMAN: Okay. Now it's your turn. MS. BAEZ: Yeah. Well, I'm new at all this, because I wasn't in charge, and then they just put me on when the other guy quit. So the owner -- I talked to the owner, and I says, well, they said that it's painted in black, because that's what the other guy that quit told me; they don't want that black sign. So I tell them to paint it in white, to put a plastic in there. Then they called again and they said, no, it cannot be done that way. So I call the owner. He said, just tear it down. So I send the maintenance guys to go ahead and tear it down. That's when they came in and said, you just can't do it like that. So now I'm going to go ahead and find out what I need to get it done. If you give me at least 60 days, I promise it's going to get taken care of. CHAIRMAN KAUFMAN: Okay. So the first thing we have to do as a board is to find out whether you're in violation, which it sounds like you just admitted that you were. JULY 22, 2021 Page 47 Anybody want to make a motion that a violation exists? MS. BOWMAN: I'll make a motion that a violation exists. CHAIRMAN KAUFMAN: Okay. Can we get a second? MR. BLANCO: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MS. BOWMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now, do you have a suggestion for us, Bradley? MR. HOLMES: I do. CHAIRMAN KAUFMAN: Okay. MR. HOLMES: The recommendation is as follows: 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 also violations by: One, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy to replace the painted-over sign panels with blank or approved replacement panels or remove the modified sign within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated. CHAIRMAN KAUFMAN: Okay. MR. HOLMES: Do you want me to read the second provision? CHAIRMAN KAUFMAN: Go ahead. MR. HOLMES: Two, that the respondent must notify Code Enforcement -- the code enforcement investigator when the violation JULY 22, 2021 Page 48 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 see 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. Anybody want to fill in the blanks? I think the respondent said that she needs at least 60 days to get this into compliance. (No response.) CHAIRMAN KAUFMAN: I'll fill in the blanks since I haven't heard any volunteers. You're looking at me strangely, Jeff. MR. LETOURNEAU: No, we're good. Carry on, please. CHAIRMAN KAUFMAN: Okay. Ninety days and a fine of $100 a day after that. That gives you more than the 60. The operational costs, what is it, 59.28 -- MR. HOLMES: Yep. CHAIRMAN KAUFMAN: -- to be paid within 30 days. When you get a licensed contractor, they know the rules. So I'm sure once you do that, that will take care of the situation. MS. ELROD: Second. CHAIRMAN KAUFMAN: So that's my motion. We have a second. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MS. BOWMAN: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) JULY 22, 2021 Page 49 CHAIRMAN KAUFMAN: It carries unanimously. Thank you very much. MS. BAEZ: Thank you. CHAIRMAN KAUFMAN: You ready? We're going to take a 10-and-a-half-minute break, or whatever it is. Be back here by 10:30. (A brief recess was had from 10:18 a.m. to 10:33 a.m.) (Mr. Blanco is absent for the remainder of the meeting.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Danny had an appointment. He had to disappear. So he's gone, but we have George and Lee and the rest of our Board here, so no problems. MR. WHITE: And just for the record all alternates, once seated on the dais, are entitled to and have full voting rights per your rules and regulations. CHAIRMAN KAUFMAN: Thank you. Okay. Which brings us to our next case. MS. BUCHILLON: Next case under old business, C, motion for imposition of fines. CHAIRMAN KAUFMAN: Let me just say it's the next case where somebody's here. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 2, CELU20180014672, Jonathan F. Mejia Ochoa and Maria Doleres Ochoa Almaraz. CHAIRMAN KAUFMAN: Okay. Give me a minute or two. (The speakers were duly sworn and indicated in the affirmative.) MS. McGONAGLE: I do. MR. MELGAR: Yes. THE COURT REPORTER: Your name? MR. MELGAR: My name is Jay. I'm the GC. JULY 22, 2021 Page 50 THE COURT REPORTER: Your last name? MR. MELGAR: Jay Melgar, M-e-l-g-a-r. CHAIRMAN KAUFMAN: Okay. What I have in front of me, Helen, is this correct that the violation has not been abated -- or Michele? MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: Okay. All right. I assume that since you're here, you would like to say something. Why don't we do that before we have Michele read everything into the record. MR. MELGAR: Yes. The engineer submitted the most recent corrections earlier this week, so hopefully we should be getting the permit issued next week. CHAIRMAN KAUFMAN: Okay. MR. MELGAR: Oh, and we're here to request a continuance, correct, Michele? MS. McGONAGLE: (Nods head.) CHAIRMAN KAUFMAN: Okay. This is -- just a brief summary of the case? MS. McGONAGLE: They have a mobile home on the property that they're turning into a guesthouse. They've had -- kind of like the same case that -- or the last case we had involving the mobile home, they had to make a lot of revisions to it. He can probably -- because he's the GC, he can probably answer a little bit more of exactly what they've done. They have been working diligently on getting it done, resubmitting corrections, making revisions. CHAIRMAN KAUFMAN: Okay. The zoning on this house, is that permitted? MS. McGONAGLE: Once it's considered a guesthouse and not a mobile home, it will be. CHAIRMAN KAUFMAN: Okay. And has that been done? JULY 22, 2021 Page 51 MS. McGONAGLE: That's what they're working on now. That's what the permit is, converting the mobile home to a guest home. CHAIRMAN KAUFMAN: Okay. Why don't we -- why don't you read it into the record, and then we'll act on whether we're going to consider a continuance or not. MR. WHITE: Just for the record, if you could just state your name and your relationship to the project. Name your business. MR. MELGAR: Jay Melgar. I'm the GC on the project. CHAIRMAN KAUFMAN: Do you have the permission of the owners? MR. MELGAR: Yes, I do. CHAIRMAN KAUFMAN: Patrick, is that sufficient? MR. WHITE: Based on the testimony, I believe it is. CHAIRMAN KAUFMAN: Okay. MR. WHITE: He would be the authorized agent. CHAIRMAN KAUFMAN: You heard the question that I brought up as far as zoning and this being a guesthouse? MR. MELGAR: Yes. Based on the corrections, it's approved. They just have to have the residential review approval, which the engineer, again, submitted the most recent correction for a very minor detail. We've had many revisions, and they all have been approved. It's just one very last item that was submitted earlier in the week. So the zoning review says rejected pending to residential review, but the setbacks and the surveys and all that, it's conforming. CHAIRMAN KAUFMAN: And you're asking for a continuance on this? MR. MELGAR: Yes. Because we're shooting to receive the permit next week. CHAIRMAN KAUFMAN: And the continuance till when? MR. MELGAR: January. Is that 180 days? To get the CO, JULY 22, 2021 Page 52 not to get the permit, because we're hoping to get the permit next week, and so then we can do the work. MR. WHITE: One hundred eighty days, Mr. Chairman, would be January 18 of '22. CHAIRMAN KAUFMAN: I understand. When was this case opened up, Michele? MS. McGONAGLE: It was late 2018. CHAIRMAN KAUFMAN: I'll be perfectly frank, I am not in favor of a continuance for -- till January, when this thing has been going on in that period of time. I would prefer a continuance that would bring you back here, if you don't have a CO, sometime between now and January to see that the progress has been made, that it's been approved as a guesthouse, et cetera, okay? Just -- that's for me. That's up to the Board to decide. Do you have a question, Lee? MR. RUBENSTEIN: No, you asked it. CHAIRMAN KAUFMAN: Okay. So you want to read this into the record for us? MS. McGONAGLE: Violation of Collier County Land Development -- oh, I'm sorry. For the record, Investigator Michele McGonagle. Violation of Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and 2.02.03. Location: 4395 18th Avenue Northeast, Naples, Florida. Folio 40417200000. Description: Mobile home on Estates zoned improved parcel, alterations/improvements made on property, and no Collier County building permits obtained. Past order: On July 25th, 2019, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, JULY 22, 2021 Page 53 OR5661, Page 3478, for more information. CHAIRMAN KAUFMAN: What's the date of that again, if you would? MS. McGONAGLE: July 25th, 2019. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: The violation has not been abated as of July 22nd, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from November 23rd, 2019, to July 22nd, 2021, 808 days, for a total fine amount of $161,718.84. Fines continue to accrue. Previously assessed operational costs of $59.49 have not been paid. Operational costs for today's hearing, $59.35. CHAIRMAN KAUFMAN: Okay. Let me just stop you. Since the operational costs have not been paid, we're not going to agree to even consider a continuance. That's the Board's long-standing practice. This thing goes back a year. Is it occupied? MS. McGONAGLE: The guesthouse is not. CHAIRMAN KAUFMAN: Okay. But the operational costs have not been paid, okay. So the only thing we can do right now is to impose the fine. MR. LETOURNEAU: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: Just as a suggestion, and, you know, in few previous cases -- I don't know if you've done it, but the special magistrate did grant a continuance with the caveat of the owners paying the operational costs within a week or whatever at that point. CHAIRMAN KAUFMAN: We have done that in the past where they pay the operational costs the day of our meeting. MR. LETOURNEAU: Or the day. You know, it's up to you to -- I'm just throwing that suggestion out here at this point. JULY 22, 2021 Page 54 CHAIRMAN KAUFMAN: Right. So are you in a position to pay the operational costs today? MR. MELGAR: Yes. CHAIRMAN KAUFMAN: Okay. And, Patrick, this whole thing will be contingent upon those being paid today. MR. WHITE: Understood. It would be both today's operational costs and the previously not paid, so it would be roughly 118, 119. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: Are you able to pay $119 to avoid a fine of $161,000? MR. MELGAR: Yes. I'm the GC, and I'm willing to cover that cost for them. CHAIRMAN KAUFMAN: It's not -- it's not cover it. You're going to have to actually pay it. MR. MELGAR: Pay it, of course. CHAIRMAN KAUFMAN: Okay. Michele will be able to steer you in the right direction of -- MR. MELGAR: Perfect. CHAIRMAN KAUFMAN: -- paying it today. Okay. And I interrupted you before you got finished, so -- MS. McGONAGLE: That's okay. CHAIRMAN KAUFMAN: -- finish up and we'll go from there. MS. McGONAGLE: Total amount, $161,837.68. MS. BOWMAN: I'll make a motion to deny the imposition of fines to the county and to -- CHAIRMAN KAUFMAN: No, no, no, no, no. Let me stop you. You can't deny the fines being denied [sic] because that means that even though it's not in compliance, you're forgiving it. So what needs to be done is to grant a continuance on this to some period of JULY 22, 2021 Page 55 time. MS. BOWMAN: Right. That's what was my second part of that. CHAIRMAN KAUFMAN: Okay. But not to deny -- MS. BOWMAN: So we don't deny it. Just grant the continuance. CHAIRMAN KAUFMAN: Continue it, that's correct. That's correct. MS. BOWMAN: Grant a continuance of 90 days, or are we talking -- CHAIRMAN KAUFMAN: That would be good. MS. BOWMAN: -- and bring it back here? CHAIRMAN KAUFMAN: Ninety days. We'll find out. They come back. Maybe everything is all done, maybe it's not, and we can tackle it at that time. MS. ELROD: If the operation -- MS. BOWMAN: Make a motion to continue the case for 90 days. CHAIRMAN KAUFMAN: Okay. Do we have a second? MS. ELROD: As long as the office fees -- or the operational costs are paid today. CHAIRMAN KAUFMAN: That's correct. MS. BOWMAN: Current and past. MS. ELROD: I'll second that one. CHAIRMAN KAUFMAN: Okay. So 90 days. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: Aye. MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. JULY 22, 2021 Page 56 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So it's pay the operational costs, come back in 90 days one way or the other. I mean, you don't have to come back. You can just issue a check for 160-some-odd thousand dollars, which you're probably not going to do. MR. MELGAR: I'm not the owner. I'm trying to help them with the -- CHAIRMAN KAUFMAN: You'll help them with the operational costs of whatever it is, but not 160,000, okay. And then at that time, when we know everything is done, we go from there. MR. MELGAR: Okay. CHAIRMAN KAUFMAN: Okay. I thank you. MR. MELGAR: Thank you. MS. BOWMAN: Thank you, sir. MS. McGONAGLE: Thank you. MS. BUCHILLON: Next case under imposition of fines, No. 4, CESD20180006864, Zoelle Cattanio and Scott Cattanio, guardian. CHAIRMAN KAUFMAN: Michele's getting paid overtime for all these cases. Everybody's scurrying around. MR. LETOURNEAU: We're trying to get the respondent. MS. McGONAGLE: Sorry. I was still talking to my last guy. Now I'm trying to find this guy. He was here. (The speaker was duly sworn and indicated in the affirmative.) MS. McGONAGLE: I do. CHAIRMAN KAUFMAN: Okay. Let the record show that the respondent is not here presently. Michele, you want to give us the lowdown on this? MS. McGONAGLE: It's a permit for stairs that were built on JULY 22, 2021 Page 57 the front. They were kind of taken down from Irma, and they rebuilt them without getting a permit. He subsequently got a permit, had been rejected, been approved. When I just talked to him, he has the stairs completely done. He was trying to call in for an inspection but doesn't know how to do it online, so he was going to go to meet with Renald and go down to the -- well, he has to get it extended because it just expired, so he's going to get it extended and then go down to see about getting the inspection completed. CHAIRMAN KAUFMAN: Well, let me -- let me throw out a suggestion because it says the previously assessed operational costs have been paid, but the violation has not been abated. So if the county wants to pull this until he turns up. MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. Michele had spoken to me earlier when this gentleman was here, and she asked me if I wanted to pull it at that time, and I said it would probably be better for him to, you know, ask for a continuance. However, since he's not here, I'm going to take that suggestion, and we're going to pull this until the August hearing. MS. BUCHILLON: Okay. MR. LETOURNEAU: Okay. MS. McGONAGLE: Thank you. CHAIRMAN KAUFMAN: Thanks, Michele. MR. WHITE: Mr. Chairman, per prior practice, I'd simple ask that the Board approve the change to the agenda to withdraw Item Roman 6C4. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Motion to accept the change. CHAIRMAN KAUFMAN: Amend the agenda. MS. ELROD: Amend the agenda. JULY 22, 2021 Page 58 MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MS. BOWMAN: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. WHITE: And just as a point of order, Mr. Chairman, by doing things that way, you retain the authority of your own agenda, and you do not leave it solely to the discretion of staff. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next case, No. 6, CESD20190012387, Carlisle Wilson Plaza, LLC. CHAIRMAN KAUFMAN: Is this imposition, or this is a case? MS. BUCHILLON: Imposition, sir. CHAIRMAN KAUFMAN: Ah. Don't surprise me. MS. BUCHILLON: Sorry about that. (The speakers were duly sworn and indicated in the affirmative.) MR. ARCILA: Yes, ma'am, I do. MS. McGONAGLE: I do. THE COURT REPORTER: Your name? MR. ARCILA: Juan Felipe Arcila. THE COURT REPORTER: Can you spell it. MR. ARCILA: Yes. First name is Juan, J-u-a-n; middle name, F-e-l-i-p-e; last name, Arcila, A as in apple, R as in Robert, c-i-l-a. CHAIRMAN KAUFMAN: Okay. Without getting into all of this, let me just start with the most important thing. It says the JULY 22, 2021 Page 59 operational costs have not been paid; is that correct? MS. BUCHILLON: No, it has been paid. I have the corrected one here, because it was paid at the end. CHAIRMAN KAUFMAN: Okay. I just wanted to make sure that we don't have all these words that Terri has to type when we're not going to do anything. Okay. Why don't you give us a summary. You don't have to read it yet; just a summary of what this is. MS. McGONAGLE: There was a grocery store being built in the Wilson Plaza Shopping Center. They -- somebody had started gutting the property without obtaining a permit. A Stop Work Order was placed by Contractor Licensing. We got the case. A Notice of Violation was issued, and they worked on obtaining a permit. I'm going to refer to him, because he knows a little bit more about exactly what -- they had to jump through a whole lot of hoops. So he can explain to you briefly what has been done. CHAIRMAN KAUFMAN: Okay. And the main thing that pops out at me at this is that the violation has not been abated, okay. So why don't you give us a lowdown on what's going on. MR. ARCILA: Yes. MS. McGONAGLE: The violation has been abated. MS. BOWMAN: There's an updated form. MS. BUCHILLON: There's an updated one on the screen. CHAIRMAN KAUFMAN: Oh. MS. McGONAGLE: It was abated on May 17th. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Also, could you just state what role you have relative to the LLC. MR. ARCILA: Yes. I am the leasing agent for the owner for Mr. Greg Carlisle, and I am the commercial real estate agent that brought the grocery store to the plaza and negotiated the lease. And JULY 22, 2021 Page 60 I've been somewhat involved regarding the issues here at hand with the permitting, CO, and what have you. MR. WHITE: And it's fair to say that you have the authorization of the managing member of the LLC, Mr. Carlisle? MR. ARCILA: Yes, sir, I have the permit. MS. BUCHILLON: I have a letter. MR. ARCILA: Yes. I brought it this morning here at the prehearing. MR. WHITE: Thank you. MR. ARCILA: You're welcome. CHAIRMAN KAUFMAN: I'm looking for it, Helen, but I don't have a copy of an updated version of this. I'll take Danny's. Okay. MS. BOWMAN: I think they did it while we were up here. They've got it up here. CHAIRMAN KAUFMAN: We don't have a hard copy like we do on all the others. MS. BUCHILLON: I just gave the copy to Mr. White that I had. CHAIRMAN KAUFMAN: Thank you. MR. ARCILA: I have two extra copies. CHAIRMAN KAUFMAN: Now, this is not updated either. Okay. It's on the board. Actually, on this board I can actually read it, so that's unusual. Okay. And it's on this computer, so... So let me go back to the beginning then. Good morning. MR. ARCILA: Good morning, sir. CHAIRMAN KAUFMAN: Why don't you tell us a little bit about what's going on and what you're asking for. MR. ARCILA: I want to let you -- let the Board know what was going on regarding the reason why the CO took so long to obtain. I believe that's what the matter is here. JULY 22, 2021 Page 61 Bravo grocery store is a tenant at the plaza. The CO -- obtaining the CO was delayed due to the fact that one of the tenants in the plaza -- Wilson Plaza is a multi-tenant retail strip center. One of our tenants in the plaza was in violation of a couple -- quite a few Health Department -- Health Department violations. He was selling fried chicken without permits and what have you, and the Health Department required us to make sure that this tenant was -- ceased in selling fried chicken, frying chicken without a permit. Unfortunately, that took quite a while. There was some litigation involved that took months, but that has been resolved and, therefore, that's why the CO took so long to obtain. As far as our construction permit, that also -- there was a big delay in that. As you are aware, Golden Gate Estates Wilson Plaza has no public utilities. We're on septic and drainfields as well, so we were required, in order to accommodate the grocery store use, to expand the drainfield, and that took quite some time. But all permits were obtained, all work has been done, inspections were approved, and now, thank God, our grocery store tenant has been operating now for a little over 30 days. CHAIRMAN KAUFMAN: Okay. So you're here before us to request the fine be abated? MR. ARCILA: Yes, I believe it was abated. MS. McGONAGLE: Fines, the fines. MR. WHITE: Fines, not the violation. MS. ELROD: That's what you're here for. MR. ARCILA: Yes, sir. I'm requesting that our fines be violated [sic] on behalf of Carlisle Wilson Plaza. MS. ELROD: I would like to deny the county the imposition of fines. CHAIRMAN KAUFMAN: Okay. We have a motion. JULY 22, 2021 Page 62 MS. BOWMAN: And a second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MS. BOWMAN: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. McGONAGLE: Do you need me to read this into the -- CHAIRMAN KAUFMAN: Yeah, read it into the record. I interrupted you, Michele, I know. I'm sorry. MS. McGONAGLE: That's okay. Violation, Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06 (B)(1)(e), and 10.02.06(B)(1)(e)(i). Location: 50 Wilson Boulevard South, Naples, Florida. Folio 37221120305. Description: Began renovations/construction prior to obtaining Collier County permits. Past order: February 27th, 2020, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5742, Page 231, for more information. The violation has been abated as of May 17th, 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 27th, 2021, 325 days, for a total fine amount of $65,000. Previously assessed operational costs of $59.28 have been paid. JULY 22, 2021 Page 63 Operational costs for today's hearing, $59.28. Total amount: $65,059.28. CHAIRMAN KAUFMAN: Okay. Case closed. The fine has been abated. MR. ARCILA: Thank you very much. Thank you for your time. Take care. MS. McGONAGLE: Thank you. CHAIRMAN KAUFMAN: Thanks, Michele. We're wearing you out. MS. BUCHILLON: Next case under imposition of fines, No. 8, CESD20190013361, Distinctive Dwellings, LLC, and Aisling Home Partners, LLC. (The speakers were duly sworn and indicated in the affirmative.) MS. SQUARES: I do. MR. DELIA: I do. MS. SQUARES: My name is Marianne Squares. I'm a representative, the member manager of Distinctive Dwellings, and my partner, Claire Cheney of Aisling Home Partners, is ill today, but I have her permission to be here. CHAIRMAN KAUFMAN: Great. You saved us Patrick -- MS. SQUARES: I've been listening. CHAIRMAN KAUFMAN: -- giving you the third degree. Okay. Do you want read this into the record for us, please. MR. DELIA: Sure. For the record, John Delia, Code Enforcement, Collier County Code Enforcement. For the record, violations, Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Location is 1960 Estey Avenue, Naples, Florida. Folio number is 24980400007. Description is unpermitted alterations done to dwelling. JULY 22, 2021 Page 64 Past orders: On July 23rd, 2020, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and the ordered to correct the violations. See the attached order of the Board, OR5822, Page 1417, for more information. The violation has been abated as of June 17th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from September 22nd, 2020, to June 17th, 2021, 269 days, for a total fine amount of 53,800. The previously assessed operational costs of 59.35 have been paid. Operational costs for today's hearing is 59.49. Total amount is $53,859.49. CHAIRMAN KAUFMAN: Okay. Now we go to you. MS. SQUARES: Well, I just can't believe that this project took this long. It has just been plagued by the fact of getting a contractor that didn't get the permitting at the beginning. My partner hired him, thought he came through someone that we knew, and it was not true. Then we got another contractor in who we'd worked with before who, basically, wasn't doing what he said. Part of it was due to a tragedy in his family. At the very beginning of the process in November of 2019, he lost his wife and his son in an accident. So we kind of just let him go for a little bit and then started pushing at the beginning of January, and then COVID hit. So a combination of tragedy and COVID and not being able to get here myself, because I'm used to being around and making sure what people are saying they're doing are getting done. So when -- last June I actually took control of trying to get the permits and found out that the permit that had been sort of pending or in process but not completed got abandoned. We had to start all over. I thought we had all this. I met with Eric -- is it Eric White, and JULY 22, 2021 Page 65 Latoya. MR. DELIA: I believe Marianne's talking about Eric Short. MS. SQUARES: Oh, Eric Short, that's correct. Eric Short and Latoya Thompson. We thought we had everything totally settled, and it still took forever. I believe the permit was issued on the 9th of September, and still the work didn't begin. We kept being told, yes, it's happening, it's happening. And it finally did get happening, but it didn't get finished until, I believe, June 17th of this year. And we did get our, I guess, CO or CC, whatever was requested. So everything is currently in compliance. And I guess I'm here to just ask for the fines to be abated. CHAIRMAN KAUFMAN: Okay. That's the good news, that it's all in compliance. Okay. MS. SQUARES: It's good news to me, too. MS. ELROD: I'll make a motion that we deny the county the imposition of fines. CHAIRMAN KAUFMAN: Okay. MR. ANDREOZI: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and second. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MS. BOWMAN: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. SQUARES: Thank you, sir. Thank you all. Do I need to pay the $59, the second 59-? CHAIRMAN KAUFMAN: No, it's been abated. JULY 22, 2021 Page 66 MS. SQUARES: That's abated, too. Great. Thank you. MS. BUCHILLON: Next case under imposition of fines, No. 9, CESD20180014963, Sylvia Collafarina. (The speakers were duly sworn and indicated in the affirmative.) MS. PATTERSON: I do. MS. COLLAFARINA: I do. MS. PATTERSON: Good morning. CHAIRMAN KAUFMAN: Good morning. I see Eric's name on this, but I don't see Eric here. MS. PATTERSON: No. I am standing in for Eric today. CHAIRMAN KAUFMAN: Okay. You're better looking, you know. Okay. Why don't you read this into the record for us, and we can go from there. MS. PATTERSON: For the record, Sherry Patterson, Collier County Code Enforcement senior investigator. Past order of the Board: On July 25th, 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, OR5661, Page 3489, for more information. The violation has been abated as of July 2nd, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from September 24th, 2020, to June 2nd, 2021, 618 days, for a total fine amount of $92,700. Previously assessed operational costs of 59.77 have been paid, operational costs for today's hearing is 59.28, for a total amount of $92,819.05. CHAIRMAN KAUFMAN: Okay. It's almost two years to the day. What was this? It says, an addition with plumbing and carpentry work. Was this a house or what? JULY 22, 2021 Page 67 MS. PATTERSON: Yeah. It's my understanding that Ms. Collafarina had did some addition to -- and a remodel with electrical and plumbing and carpentry work to the bathroom and the laundry room. Her parents were going to move in, and I think she did these modifications. Unfortunately, she hired an unlicensed contractor to do the job, and then she hired somebody else to come in and fix everything, and that's kind of where we're at, and everything's been abated now. CHAIRMAN KAUFMAN: Okay. Now your turn to speak. MS. COLLAFARINA: Well, it's been a very painful road because I didn't really know what was going on. I bought the house by myself, and I didn't know about the license. I didn't think about asking. In the meantime, I had a very bad accident. I broke my leg very bad. I had two surgeries, couldn't work, couldn't really do anything on that. Then I started working on it. COVID makes everything slow down, too, because I pay for two different people to get the survey and different things. But finally it's all done, and we're here. CHAIRMAN KAUFMAN: And you're here to? MS. COLLAFARINA: To ask for the fees to be waived. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: I'll make a motion to deny the imposition of fines from the county. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MS. BOWMAN: Aye. JULY 22, 2021 Page 68 MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. They've been baited. MS. COLLAFARINA: All right. Thank you. MS. PATTERSON: Thank you. MS. BUCHILLON: Next case on the agenda under imposition of fines, No. 10, CESD20200000492, Jose Martinez Hildalgo and Oneyda Maria Diaz. (The speakers were duly sworn and indicated in the affirmative.) MR. MACEDO: I do. MR. MARTINEZ: I do. MR. FRESHWATER: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, please. What's your name? MR. MARTINEZ: I'm Jose Martinez. CHAIRMAN KAUFMAN: Okay. MR. FRESHWATER: My name is Kieran Freshwater. CHAIRMAN KAUFMAN: Okay. This was between Hildago and Diaz; is that correct? MR. FRESHWATER: Yes, sir. CHAIRMAN KAUFMAN: So -- MR. FRESHWATER: Jose is the homeowner, and I'm a contractor. CHAIRMAN KAUFMAN: Okay. This is an unpermitted shed and a fence? MR. MACEDO: Yes, sir. It's an unpermitted shed and addition and voided permits that we have on this property. CHAIRMAN KAUFMAN: Okay. Do you want to read the order into the record for us. MR. MACEDO: For the record, Luis Macedo, Code JULY 22, 2021 Page 69 Enforcement investigator. Violation is Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Location is 14611 Chickee Drive, Naples, Florida. Folio number is 25967801408. The description is for unpermitted shed, addition, and fence and voided permits 2011060731 and 2006030782. For the past order, on August 28, 2020, Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violations. See the attached orders of the Board, OR5817, Page 3113, for more information. The violation has not been abated as of July 22nd, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from February 25th, 2021, to July 22nd, 2021, 148 days, for a total fine amount of $29,600. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is 59.35. Total amount of $29,659.35. CHAIRMAN KAUFMAN: Okay. I just -- this goes back to August of 2020. MR. MACEDO: Yes, sir. CHAIRMAN KAUFMAN: About a year ago. And I assume that the Board granted time to get this done. That's why the fines didn't start to accrue until February. MR. MACEDO: Yes, sir. CHAIRMAN KAUFMAN: And from February 25th to today, it has not come into compliance. MR. MACEDO: That's correct, sir. JULY 22, 2021 Page 70 CHAIRMAN KAUFMAN: Okay. Sir, you're up. MR. MARTINEZ: Okay. I began the project in 2011. The problem was my friend, the contractor guy, he pass away. So after that, that was a problem for me because I don't know nothing about the demolition or tension or something. So now he come with me for represent to me. He can explain very well, because my English not very good looking [sic]. So you know something more, he can explain, please. CHAIRMAN KAUFMAN: Okay. MR. FRESHWATER: There are two old permits, or one for a fence and one for a roof extension in the rear of the house. Both have had inspections done on them. There's just finals to be done. We've done an extension on them now, and they're active. So that should be no issue as far as getting those CO'ed in the very near future. I talked to Luis, and within 30 to 45 days I could get that done. In the meantime, there has been a storage enclosure built under that extension, which I have recently filed for a permit to get that CO'ed. CHAIRMAN KAUFMAN: When was that built? MR. FRESHWATER: Several years ago. So it was done -- it was enclosed without permits, but I will put it under my license and make sure it's done. CHAIRMAN KAUFMAN: Well, we have a choice on the Board here of very limited, because this is not into compliance. So we can either impose the fine or not. It seems like it's taking forever to get this -- this is a -- it looks like a simple thing. An unpermitted shed shouldn't take two years to get done. MR. FRESHWATER: No. Again, the shed -- there is no shed there any longer, but under the advisement of Luis, I have to get it done and verified by inspections that it's not there. So I'm here to JULY 22, 2021 Page 71 take responsibility for everything coming into compliance. CHAIRMAN KAUFMAN: It's the property owner's responsibility. He hires you to take care of the stuff but, ultimately, it's the homeowner's responsibility, so... MS. ELROD: You're asking for more time? MR. FRESHWATER: Yeah. Again, under the advisement of Luis, I will get the two existing permits closed out, 45 days, and then if -- 120 days I'll have a CO for the other enclosure. MR. LETOURNEAU: The county has no objection to that timeline if the Board so sees it. MR. RUBENSTEIN: Did you say the shed was removed? MR. FRESHWATER: The shed has been removed, yes. MR. RUBENSTEIN: Why? MR. FRESHWATER: Because it was -- MR. MACEDO: It was unpermitted. MR. FRESHWATER: It was unpermitted, and it was easier just to remove it. CHAIRMAN KAUFMAN: Now, the violation description says unpermitted shed. So the unpermitted shed was removed; is that correct, Luis? MR. MACEDO: That's correct, sir. CHAIRMAN KAUFMAN: Okay. So that's one thing that's out. A fence -- the fence was there and was never permitted? MR. MACEDO: That's correct. CHAIRMAN KAUFMAN: And the fence is still there? MR. MACEDO: Fence is still there, sir. MR. FRESHWATER: The fence is permitted. MS. ELROD: It was permitted. It was never CO'ed. MR. MACEDO: It wasn't CO'ed, though. CHAIRMAN KAUFMAN: Okay. Well, it's the same thing as it not being done, because everything, as you know, goes to a CO. JULY 22, 2021 Page 72 MR. FRESHWATER: Yes, sir. And just so -- I have gotten an extension on both of those and are ready to final them out. CHAIRMAN KAUFMAN: Those are the voided permits? MR. FRESHWATER: Yes, sir. CHAIRMAN KAUFMAN: Is that what you're referring to? MR. FRESHWATER: Yes, the 2006 fence and 2011 roof extension. CHAIRMAN KAUFMAN: Okay. MS. ELROD: I'll make a motion to give him 120 days' continuance. CHAIRMAN KAUFMAN: We have a motion. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. So it's 3-2. It passes. MS. BOWMAN: It passes. CHAIRMAN KAUFMAN: Okay. Thanks, Luis. MR. MACEDO: Thank you. MR. MARTINEZ: Thank you. MR. FRESHWATER: Thank you. CHAIRMAN KAUFMAN: Before you leave, I just want to let you know that you're going to have to come back here or the fine will be imposed. MR. FRESHWATER: Yes, sir. MS. BUCHILLON: Okay. Next case under hearings, No. 4, JULY 22, 2021 Page 73 CESD20200009301, Jody Lynn Bagley. Respondent was notified regular and certified mail on June 28, 2021, and it was also posted at the property and courthouse on June 29, 2021. (The speaker was duly sworn and indicated in the affirmative.) MS. McGONAGLE: I do. CHAIRMAN KAUFMAN: Who are you? Let the record show the respondent is not present. Do you want to present your case, Michele? MS. McGONAGLE: Yes, sir. Good morning. For the record, Investigator Michele McGonagle, Collier County Code Enforcement. This is in reference to Case No. CESD20200009301 dealing with the violation of Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A), 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Placed two storage containers on the property before Permit PRBD20200622888 was issued. Violation location: 2831 24th Avenue Northeast, Naples, Florida, 34120. Folio 40300280001. Service was given on February 9th, 2021. On August 26th, 2020, I made a site visit and observed two storage containers in the front yard. I researched the property and found Permit PRBD20200622888 for two prefabricated 8-by-20 utility storage sheds was submitted on June 29th, 2020, and was rejected. I left a warning tag requesting the storage containers are permitted or removed from the property. I met with the property owner, Jody, on September 3rd, 2020, who stated that she was working on submitting the corrections. Corrections were submitted and rejected multiple times between September 11th, 2020, and December 3rd, 2020. On February 2nd, 2021, the permit remained in reject status. I called the property JULY 22, 2021 Page 74 owner, but the number was out of service. Notice of violation was prepared and posted on the property and at the courthouse on February 9th, 2021, with complaints due March 11th, 2021. Corrections were submitted and subsequently rejected on March 4th and April 2nd, 2021. On June 15th, 2021, the corrections had not been submitted, and the case was prepared for a hearing. As of July 22nd, 2021, the violation remains, and I have not had any contact from the property owner since September 3rd, 2020. I would now like to present case evidence in the following exhibits: Two pictures taken by me on August 26th, 2020, one picture taken by me on June 10th, 2021, and two pictures taken by me on July 21st, 2021, and a 2021 aerial. CHAIRMAN KAUFMAN: Okay. Let the record show the respondent is not present. I need a motion from the Board to accept the pictures. MS. ELROD: Motion to accept the pictures. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And seconded. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MS. BOWMAN: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. LETOURNEAU: I'm going to start with the -- what was it -- August 26th, 2020, pictures. If you want to explain while I'm JULY 22, 2021 Page 75 going through here, Michele. MS. McGONAGLE: Yeah. All of them are basically going to show the same thing. There's a red storage container right there, and then there's the tan storage container. And then, there again, this is just from a different angle. From a legal vantage point, that's about the best picture I can get of the second container. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: That was on July 21st. That was a picture I just took yesterday. It is showing that the storage containers are still there. Same thing, that's a picture I took yesterday. That was the one taken on June 10th. MR. LETOURNEAU: Okay. And then you said you had an aerial. CHAIRMAN KAUFMAN: Is this out in the Estates? MS. McGONAGLE: Yes. MR. LETOURNEAU: I believe that's the red one, and that's the tan one, right? MS. McGONAGLE: Yes, they're kind of shaped as kind of like an L. Yep, the red one's kind of long wise, top to bottom. Yep. CHAIRMAN KAUFMAN: Did you notice any electric going to it? MS. McGONAGLE: No. CHAIRMAN KAUFMAN: Okay. Okay. Were these reported by the neighbors? MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: Okay. Well, anybody want to make a motion a violation exists? MS. ELROD: I'll make a motion a violation exists. MR. ANDREOZI: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. JULY 22, 2021 Page 76 MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MS. BOWMAN: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us, Michele? MS. McGONAGLE: Yes, sir. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount $59.35 incurred in the prosecution of this case within 30 days and abate all violations by: No. 1, ceasing all unauthorized use including placement of storage containers on this improved property and remove storage containers from the property or obtain any and all required Collier County approvals, permits, inspections, and certificate of completion within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Number 2, that 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. So this has been this way for a long time? MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: Okay. I'd like to take the chance and fill in the blanks. Removing these containers is -- amounts to a telephone call and have them removed. It could be done in a day. JULY 22, 2021 Page 77 So I'll grant 30 days to have both containers removed, as you have on your suggestion, or a fine of $250 a day. MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. McGONAGLE: Does part of that also include the possibility of her completing the permit for that? Because you just said removal of the containers. CHAIRMAN KAUFMAN: I have to think about that a little bit, because I don't know why they didn't come into compliance, and now they stopped speaking with you. I would say no, it doesn't include that and that this thing comes back to the Board again. I think you have to harshly look at this that these neighbors -- I mean, we're here for the people who live in Collier County -- have put up with this for all this period of time, and it's just not fair, so... MR. LETOURNEAU: One point of -- there is an expired permit for these two storage containers. MS. McGONAGLE: Right. MR. LETOURNEAU: So, I mean, if they did, you know, extend that permit, get the inspections and the CO, that would technically also take care of the violation. I mean, so... CHAIRMAN KAUFMAN: But they are in violation now, today. JULY 22, 2021 Page 78 MR. LETOURNEAU: They are in violation. CHAIRMAN KAUFMAN: So whatever happens after today is after today. MR. LETOURNEAU: All right. I'm just -- I'm saying it would be a cleaner order for the county to deal with it if the option of the extension of the permit and getting it CO'ed was included into the -- CHAIRMAN KAUFMAN: Ordinarily I would agree with you, but since the respondent has seen, A, not to appear at the meeting and, B, not to be in contact with the code enforcement officer, I don't look at this in a very favorable sense right now. MR. WHITE: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. WHITE: I believe it would be possible that the respondent could argue that they were not given due process if they weren't afforded the opportunity to come into compliance within 30 days. CHAIRMAN KAUFMAN: They were afforded the opportunity to attend this meeting. I don't see them here. MR. WHITE: I understand your point, and I'm not looking to disagree. I'm simply saying that I believe that the county's position is the one that best protects the Board's interest. CHAIRMAN KAUFMAN: Well, I think we'll cross that bridge when we get there, if they want to appeal it. MR. WHITE: Understood. CHAIRMAN KAUFMAN: Okay. Are you done for today, Michele? MS. McGONAGLE: Yes. Thank you. MS. BUCHILLON: Next case under hearings No. 9, CEPM20210004962, Sarah Scialabba Estate. Respondent was notified regular and certified mail on July 8th, 2021, and it was also posted at the property and courthouse, July 8th, 2021. JULY 22, 2021 Page 79 (The speaker was duly sworn and indicated in the affirmative.) MS. PEREZ: Yes, I do. It's still good morning. CHAIRMAN KAUFMAN: Hi, Cristine. Yes. MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement. This case is in reference to Case No. CEPM20210004962 dealing with a violation of the Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-28(1) and Section 22-231(15), for an unmaintained pool and screen enclosure with screens torn, hanging, or missing. Location is at 11752 Longshore Way West, Naples, Florida, 34119. Folio number is 56105509104. Service was given on May 14, 2021. Code Enforcement received a complaint regarding an unoccupied home with a pool and screen enclosure not being properly maintained. Investigator Dee Pulse conducted the initial inspection from a neighboring property and observed the pool had stagnant water and screens were torn, hanging, or missing. The property has remained unoccupied and was reported to the investigator by a community member that the owner had passed away. The property has an assignment of mortgage that was filed in August of 2018 reversing the mortgage to Housing and Urban Development, also known as HUD. Code staff has attempted to contact HUD and the property servicing agent, named NOVAD, without any success to reach anyone for a resolution. I personally attempted and left two voicemails at two different numbers this week, and still I received no callback. A site visit was conducted yesterday, July 21st, 2021. The notices that Code Enforcement has left are still posted at the door, and the violation remains. JULY 22, 2021 Page 80 I would like to present case evidence in the following exhibits: There are four photographs that were taken by Investigator Dee Pulse on May 13, 2021, also three photographs taken by Investigator Rick Migal on July 21st, 2021, and then a Property Appraiser aerial photo from this year, if you'd like to see the location of the pool. CHAIRMAN KAUFMAN: Okay. Respondent is not present, so the -- take a motion from the Board to accept the photos. MS. ELROD: Motion to accept the photos. CHAIRMAN KAUFMAN: We have a motion. MR. ANDREOZI: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MS. BOWMAN: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. PEREZ: This is the front of the building -- of the home, and this is the pool with the stagnant water. Screens on the top that are torn. This is also by the other screen door that the whole screen is missing on the -- as we're viewing it on the right-hand side. And then that was the photos from yesterday where the water's still stagnant. The screen is still missing in that back area. MR. RUBENSTEIN: Isn't this also a state violation that the pool isn't completely enclosed by all these openings? MS. PEREZ: Yeah. That's why part of it is -- also the maintenance of the enclosure is also part of our order. MR. RUBENSTEIN: Okay. JULY 22, 2021 Page 81 CHAIRMAN KAUFMAN: Okay. It's a safety and health, obviously. MS. PEREZ: Yes. CHAIRMAN KAUFMAN: Is this in a development? MS. PEREZ: It is. CHAIRMAN KAUFMAN: Does the development have an HOA? MS. PEREZ: They do have an HOA. The HOA has also placed some liens on the property. So they're doing the maintenance of, like, the vegetation, but they don't have, you know, authority to do the maintenance of the pool. CHAIRMAN KAUFMAN: What's the -- what's the name of the development? MS. PEREZ: This is in Longshore. CHAIRMAN KAUFMAN: Okay. Longshore Lakes, I guess? MS. PEREZ: Yes. CHAIRMAN KAUFMAN: Okay. That's unfortunate. It almost sounds like they have nobody in the estate. MS. PEREZ: No. I tried to look up probate to see if they had a probate. So I'm not sure if they just -- you know, if they are deceased, they may be in another state, so I don't have another address. You know, I tried researching their phone numbers. I found a few. I tried calling them. I either just got a complete dial done or that it was out of service. There was one website where it showed two individuals, you know, with the same address, same last name. And for the gentleman it said he was born in 1927. So it may just be that, you know, they're no longer with us. CHAIRMAN KAUFMAN: He's older than I am. Okay. Now, so did you speak to the neighbors at all? MS. PEREZ: The investigator has spoken to the neighbor. I know in her comments to me, the neighbors are obviously concerned JULY 22, 2021 Page 82 with the health issues of the pool, but they've seen no one on the property. CHAIRMAN KAUFMAN: And they don't know any family or anything? MS. PEREZ: No. The investigator yesterday also spoke with the neighbor to gain access to view the back area, and they're just happy that, you know, we're attempting to try to move forward to see if we could clean up the pool. CHAIRMAN KAUFMAN: Okay. So the first thing we need to do is to see if a violation exists. MS. ELROD: I'll make a motion a violation exists. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: Aye. MS. BOWMAN: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And you have a suggestion for us, Cristine? MS. PEREZ: Yes. The county's recommendation is 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: No. 1, chemically treating the pool water killing the algae growth and maintaining the filtration system to keep the pool water clean and provide biweekly treatments or chemically treating the pool water killing the algae growth, and covering the pool to prevent safety hazards and insect JULY 22, 2021 Page 83 infestation and the intrusion of rainwater within blank amount of days of this hearing, or a fine of blank amount of dollars will be imposed for each day the violation remains; Number 2, must repair or replace the missing or torn screens on the enclosure within blank amount of days of this hearing, or a fine amount of blank amount of dollars per day will be imposed for each day the violation remains; Number 3 would be that the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct the final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any 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. First of all, we should have a short leash on this because giving it more time to do something when you're not in contact with anybody doesn't serve any purpose, number one. Number two, as I understand, it looks like the county is going to wind up abating this for the respondent or the respondent's estate. So the sooner we do this, the sooner it gets taken care of. Jeff, do you know what the -- the first dollars that are paid -- I mean, it looks like a very nice house. The first dollars would go to the -- reimburse the county for abating the situation, cleaning the pool, and whatever. I don't even know if they have electric turned on there, so they probably are going to have to cover the pool. MR. LETOURNEAU: You mean the first dollars during a foreclosure situation? CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: Whoever -- I believe whoever had the previous lien or the first lien would probably be -- or, you know, JULY 22, 2021 Page 84 obviously taxes would be the first thing -- CHAIRMAN KAUFMAN: IRS is first. I think Code is second. MR. LETOURNEAU: It might be, yeah. If we have to abate this, our most likely scenario would be to shock the water and then put a cover on it at that point, yeah. CHAIRMAN KAUFMAN: Right. MR. RUBENSTEIN: Mr. Chairman, I have a question. CHAIRMAN KAUFMAN: Sure. MR. RUBENSTEIN: Since the owner passed away and we don't know who's in charge and nothing's been done and we have an ongoing safety concern plus the health concern of green water, to me removing the water from the pool and posting a "do not enter" would eliminate the safety concern that, to me, is paramount. CHAIRMAN KAUFMAN: Well -- MR. RUBENSTEIN: Right now there's nothing to stop -- CHAIRMAN KAUFMAN: The county takes care of the situation the way the county takes care of it. If they want to drain the pool, if they want to cover the pool, either way will take care of that situation. And once we give them enough time to take care of the situation, the county will wind up picking up that responsibility. So I'm not going to ask the county to do any particular thing. They know -- they've done this -- we've done this hundreds of times. So this is nothing new. MR. RUBENSTEIN: What's the normal time period to allow -- CHAIRMAN KAUFMAN: Short period of time on this since we've been unable to get ahold of anybody. This is no different than a fence around the pool which we generally give them to the end of the week, and today's Thursday. So to give you an idea. It's a short leash. That's number one. On this particular case -- and we generally fine, to be consistent, JULY 22, 2021 Page 85 $250 a day, so that's just the way it is. If you want, I'll fill out the -- the only thing we -- we have two violations, the water and screens. Screens are going to take longer to do than the water. But in either case, neither is going to be done in 30 days. So that's where we are. If anybody wants to make the motion be my guest. If not, I will. (No response.) CHAIRMAN KAUFMAN: Okay. I will. I'll fill out -- I'll fill out the blanks. Thirty days of this hearing, $250 imposition of fines. Since the government is the one that's going to be doing this, they don't care what the fines are. And, generally, unless they wind up as ownership of it, they typically won't do anything. I'm sure you're familiar with that. MS. PEREZ: So your recommendation on the days is 30 and 250 for both Item No. 1 and for Item No. 2? CHAIRMAN KAUFMAN: Yes. So that's my motion. Do I have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MS. BOWMAN: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PEREZ: Thank you. CHAIRMAN KAUFMAN: We don't have Michele McGonagle here to do any more cases. JULY 22, 2021 Page 86 MS. BUCHILLON: No, that's it. CHAIRMAN KAUFMAN: Are we done? MS. BUCHILLON: No, we have one more case under imposition of fines. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Number 13, CELU20200011975, David H. Ahmad. Respondent was modified regular mail June 28th, 2021, and certified mail also, and it was also posted at the property on July 2nd, 2021, and at the courthouse. (The speaker were duly sworn and indicated in the affirmative.) MS. PEREZ: Yes, I do. MR. LETOURNEAU: I've got a letter. Do you want it put up before we do this, or do you want Cristine to read it? CHAIRMAN KAUFMAN: We have the letter. MR. LETOURNEAU: Okay. Okay. Cristine? MS. PEREZ: Yes. CHAIRMAN KAUFMAN: The letter states that they would like us to consider a waiver of the signs [sic]. It looks like they took care of this quite quickly. Anybody want to make a motion on -- MS. ELROD: Doesn't she have to read it in? CHAIRMAN KAUFMAN: Do you want to read it in first? MS. PEREZ: Yes, I could read it into the record. This violation was of the Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and Section 2.02.03. Location was at 769 21st Street Southwest in Naples, Florida. Folio was 36962200006. Description was observed unauthorized storage of containers placed on improved Estates zoned parcel. The past orders: On February 5th, 2021, the Code Enforcement Board issued findings of fact, conclusion of law and order. The JULY 22, 2021 Page 87 respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5954, Page 3914, for more information. The violation has been abated as of June 1st, 2021. Fines have accrued at the rate of $100 per day for the period from April 27th, 2021, to June 1st, 2021, 36 days, for a total fine amount of $3,600. Previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing is $59.35, for a total amount of $3,659.35. MS. ELROD: I'll make a motion to deny the county the imposition of fines. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MR. ANDREOZZI: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MS. BOWMAN: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PEREZ: Thank you, board members. CHAIRMAN KAUFMAN: Which brings us to? MS. BUCHILLON: The end. CHAIRMAN KAUFMAN: The end. We are adjourned. ***** JULY 22, 2021 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :40 a.m. CODE ENFORCEMENT BOARD a � RO$ERT K iVIAN, CHAIRMAN These minutes approved by the Board on 4-V ,2� dZOal as presented x or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, RPR FPR, COURT REPORTER AND NOTARY PUBLIC. Page 88