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CEB Minutes 01/27/2022January 27, 2022 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, January 27, 2022 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 Chloe Bowman Sue Curley Kathleen Elrod Lee Rubenstein Tarik N. Ayasun Gerald J. Lefebvre (Absent) Danny Blanco (Excused) George Andreozzi (Absent) ALSO PRESENT: Helen Buchillon, Code Enforcement Elena Gonzalez, Code Enforcement Jeff Letourneau, Manager of Investigations Patrick White, Attorney to the Board January 27, 2022 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. Notice that the respondents may be limited to 20 minutes for case presentation unless additional time it 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, which I'm sure you all know, and speak one at a time so 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. We're going to start with the Pledge, so if you'll all stand. Flag's over here. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Helen, you want to start with the roll call. MS. BUCHILLON: Yes, sir. 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: Ms. Sue Curley? MS. CURLEY: Here. MS. BUCHILLON: Mr. Lee Rubenstein? MR. RUBENSTEIN: Present. MS. BUCHILLON: And, Mr. Tarik Ayasun? January 27, 2022 Page 3 MR. AYASUN: Present. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Danny Blanco is excused. CHAIRMAN KAUFMAN: Okay. And I'd like to point out at this time the person who is generally my left-hand man, the vice chair, has resigned to pursue other interests. Gerald has been -- Gerald Lefebvre has been on the Code Enforcement Board for 20 years, so that's a long time. I guess I've become the senior member probably both in age and tenure on the Board. But Gerald has been terrific. He's past chairman. He was -- I have to watch all the hand signals, but he was the best. And the Board will certainly miss him. So having said that, everybody receive the minutes from the last meeting which was in October? (No response.) (Chloe Bowman is now present in the boardroom.) CHAIRMAN KAUFMAN: Anybody have any changes, suggestions, corrections? (No response.) CHAIRMAN KAUFMAN: Hearing none, the minutes will be approved as written. Which brings us to the agenda. Do you want to go through that for us, Helen? MS. BUCHILLON: Yes, sir. One second. Okay. We have some stipulations. First stipulation, No. 9, CESD20210004950, Carlos and Dulce Valdes. Next stipulation, No. 9 -- No. 14, CEPM20210007331, Windsor Place at Berkshire Lakes Condominium. Next, No. 5, CES20210008383, Andrews Adventures, LLC. And we just got another stipulation, which is No. 13, CESD20210007329, Esteban Vargas Ayala and Esperanza Ramirez January 27, 2022 Page 4 Reyes. And that's all for the stipulations. CHAIRMAN KAUFMAN: Okay. Withdrawns? MS. BUCHILLON: And withdrawns, under public hearings, D, hearings, No. 1, CESD20190010807, Donald F. Muller and Ann F. Muller, has been withdrawn; the permit was issued. Number 3, CESD20210001477, Four Amigos 3, LLC, has been withdrawn due to compliance efforts. Number 4, CESD20210000054, Blackburn Revocable Trust, has been withdrawn and will be re-noticed. Number 6, CELU20210005505, Louisette Beauplan, has been withdrawn. It's been in compliance. Item No. 8, CESD20210006461, Steven Culter, has been withdrawn. It's in compliance. Number 10, CESD20160008143, Merlenton Lubin and Nain Cyriaque, has been withdrawn; permit has been reactivated. And under old business, motion for imposition of fines, No. 6, CEROW20150023031, Veronica Tressler, Barbara Dethloff, and Elizabeth Lucky, has been withdrawn and will be rescheduled for the February hearing. Number 7, CELU20200011248, Veronica Tressler, Barbara Dethloff, and Elizabeth Lucky, has been withdrawn and will be rescheduled for the February hearing. Number 16, CESD20190013107, James Wuschke, has been withdrawn and will be rescheduled for the February hearing. Those are all the changes to the agenda. CHAIRMAN KAUFMAN: Okay. Can we get a motion from the Board to accept the agenda as written. MS. ELROD: A motion to accept. MS. BOWMAN: Second. MR. AYASUN: Second. January 27, 2022 Page 5 MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Typically what we do now is we hear the stipulations first, then we start right down the list on the people who are here. MS. BUCHILLON: We have a couple of attorneys. CHAIRMAN KAUFMAN: We do? Tell them to wait in the hall. No. MR. WHITE: I agree. CHAIRMAN KAUFMAN: We'll start with the stipulations. MS. BUCHILLON: Okay. First stipulation, No. 9 under hearings CESD20210004950, Carlos and Dulce Valdes. CHAIRMAN KAUFMAN: Good morning, Joe. MR. MUCHA: Good morning. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: Do you want to read the stipulation into the record for us? MR. MUCHA: Yes, sir. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: January 27, 2022 Page 6 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 permits, inspections, and certificate of completion/occupancy for the unpermitted additions and alterations within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated. Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Let the record show that the respondent is not present at the time. I guess they were here before to sign the stipulation? MR. MUCHA: Actually, I met with them -- yeah, it's been January 13th. So it's a little while back. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: Met with both owners, and both owners signed. CHAIRMAN KAUFMAN: Okay. Could we get a motion from the Board. MS. ELROD: Motion to -- CHAIRMAN KAUFMAN: Accept the stipulation as written? MS. ELROD: Yes. CHAIRMAN KAUFMAN: That's what I thought you said. MS. CURLEY: I have a question. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So four months. Why do they need so much January 27, 2022 Page 7 time? MR. MUCHA: It's a little involved. They're probably going to have to do a site plan. MS. CURLEY: Are they going to demo it? MR. MUCHA: No, no. They want to keep the stuff that's there. MS. CURLEY: And is it stuff they did? MR. MUCHA: Yes. Yes. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Okay. One opposed. It passes. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Okay, Joe. MS. BUCHILLON: Next stipulation, No. 14, CEPM20210007331, Windsor Place at Berkshire Lakes Condominium. (The speakers were duly sworn and indicated in the affirmative.) MR. SANFORD: Yes, I do. MR. ATHEY: I do. CHAIRMAN KAUFMAN: Okay. Sir, could you give us your name on the microphone. January 27, 2022 Page 8 MR. SANFORD: Yeah, my name's Walter Sanford. I'm president of the Windsor Place Condo Association. CHAIRMAN KAUFMAN: Okay. Steve, would you like to read the stipulation into the record for us? MR. ATHEY: Yes, sir. For the record, Steve Athey, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by: Obtaining all required Collier County building permits, inspections, and certificate of completions and occupancy for the repair or replacement of the roof to correct any defective areas of water intrusion and leaks within 45 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 the abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Sir, do you have any questions on the stipulation that you agreed to? MR. SANFORD: No, sir. CHAIRMAN KAUFMAN: Okay. MR. SANFORD: We're in complete agreement. CHAIRMAN KAUFMAN: Okay. MS. ELROD: All right. Before we vote, I have talked to the January 27, 2022 Page 9 unit owner, so I'm out of this one. CHAIRMAN KAUFMAN: Okay. Fine. So you won't be voting on this issue, fine. MR. WHITE: Mr. Chairman, may I inquire? Ms. Elrod, was the nature of your conversation anything that would lead to your personal gain or loss? MS. ELROD: No. MR. WHITE: Then I don't believe there's even the appearance of a conflict of interest, and all you've done is disclose what I would otherwise characterize as an ex parte communication. MS. ELROD: Okay. MR. WHITE: And I think you've cured that with your disclosure, and you're entitled to vote if that's what you'd prefer to do. MS. ELROD: Okay. CHAIRMAN KAUFMAN: Okay. Anybody like to make a motion? MR. ATHEY: Mr. Chairman, before you make a motion. CHAIRMAN KAUFMAN: Yes. MR. ATHEY: The complainant is here and would like to speak. CHAIRMAN KAUFMAN: Okay. MR. ATHEY: Right here. CHAIRMAN KAUFMAN: Do we have a slip on -- MS. BUCHILLON: Not that I know of. CHAIRMAN KAUFMAN: Okay. No problem. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you give us your name on the microphone for us, please. MS. MANDEL: Cheryl Mandel. CHAIRMAN KAUFMAN: Okay. The floor is yours -- or the roof, for that matter. January 27, 2022 Page 10 MS. MANDEL: Yeah. This has been an issue that's been ongoing since after a new roof was put on after Hurricane Irma. So these leaks have been ongoing since 2018, and the repairs have been kind of delayed and not accepted, the ones that were interior. Only the one on the lanai. So it's been an ongoing battle. And I've been feeling like I've almost been discriminated against in trying to get it done. And I tried to get it done without going the legal route or making formal complaints, but after over four years, I had to go the legal route. And, you know, this has been a really difficult battle for me mentally and also living in these conditions. I now have roaches from the water intrusion. So, you know, I just want to thank you for taking the time to hear this because it's been -- it's been a very difficult situation for me, personally, trying to get this repaired, because I don't own the roof, and I'm not able to bring in my own roofer. CHAIRMAN KAUFMAN: Okay. Well, it appears that this will be repaired, or it will be very expensive if it isn't repaired in the next 45 days. MS. MANDEL: Okay. CHAIRMAN KAUFMAN: So that hopefully will bring your problem to fruition shortly. MS. MANDEL: Thank you. CHAIRMAN KAUFMAN: Do we have a motion from the Board on this? MS. BOWMAN: Make a motion to accept the stipulation. CHAIRMAN KAUFMAN: Okay. Motion to accept the stipulation as written. MS. CURLEY: Second. MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: Second your choice. All those in favor? January 27, 2022 Page 11 MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Steve. MS. MANDEL: Thank you. MS. BUCHILLON: Next stipulation, No. 5, CES20210008383, Andrews Adventures, LLC. MR. HOLMES: Good morning. CHAIRMAN KAUFMAN: Good morning. (The speaker was duly sworn and indicated in the affirmative.) MR. HOLMES: I do. CHAIRMAN KAUFMAN: Let the record reflect that the respondent is not present. MR. HOLMES: All right. CHAIRMAN KAUFMAN: Okay. Would you like to read the stipulation into the record for us, Bradley? MR. HOLMES: I would. For the record, Bradley Holmes, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing. Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted business sign January 27, 2022 Page 12 within 90 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 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: Can I ask a question on this? This is -- is this out in the Estates? MR. HOLMES: No, this is in Golden Gate City. CHAIRMAN KAUFMAN: Oh, Golden Gate City. MR. HOLMES: Yep. CHAIRMAN KAUFMAN: And was the sign on a residential parcel? MR. HOLMES: It's a commercial building. It's a business sign. CHAIRMAN KAUFMAN: Okay. MR. HOLMES: Yes. CHAIRMAN KAUFMAN: That's my only question. Any questions from the Board? (No response.) MS. CURLEY: Make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. January 27, 2022 Page 13 MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Bradley. MS. BUCHILLON: Next and last stipulation, No. 13, CESD20210007329, Esteban Valdes Ayala and Esperanza Ramirez Reyes. (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: I do. MS. RAMIREZ: Yes. CHAIRMAN KAUFMAN: Could you move the microphone down a little bit or grow, either way. MS. RAMIREZ: I wish. Yes. CHAIRMAN KAUFMAN: And state your name on the microphone. MS. RAMIREZ: My name is Estella Ayala Ramirez, and I'm the daughter of Esteban and Esperanza who only speak Spanish, so... CHAIRMAN KAUFMAN: Okay. Did they give you permission to speak in their behalf? MS. RAMIREZ: Yes. CHAIRMAN KAUFMAN: Okay. Joe, would you like to read the stipulation into the record for us? MR. MUCHA: Yes, sir. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondents shall: One, pay operational costs in the amount of $59.28 incurred in January 27, 2022 Page 14 the prosecution of this case within 30 days of this hearing. Two, to abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificates of completion/occupancy for the unpermitted structure, the unpermitted electrical outlet, and the expired demolition permit within 180 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated. Three, respondent must notify Code Enforcement within 24 hours of abatement of violation and request the investigator perform a site inspection to confirm compliance. Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Would you like to speak? MS. RAMIREZ: No. They are in agreement with that stipulation. CHAIRMAN KAUFMAN: I have a question of the county. It's six months. Is that -- 180 days, if I do the math. That seems like quite a bit of time to do a demo, doesn't it? MR. MUCHA: Well, it's more than a demo, because they also have an unpermitted structure that they're going to have to work through, get the permits for that, and -- it's a little involved. MS. CURLEY: Is there anyone living in either of these structures? MS. RAMIREZ: Yes. MS. CURLEY: That's a problem. CHAIRMAN KAUFMAN: Is that a safety and health issue? MR. MUCHA: I mean, I guess it could technically be. MS. CURLEY: Well, that's why they need a half a year. January 27, 2022 Page 15 CHAIRMAN KAUFMAN: Let me just ask. The outlet in question, electric, is the breaker turned off on that? MR. MUCHA: That I'm not 100 percent familiar with. I'm kind of filling in for somebody here, so I don't know all the specifics on it. Maybe she would know. CHAIRMAN KAUFMAN: I'll ask. MS. RAMIREZ: Okay. So the electrical outlet is outside. It's weatherproof, basically, so it has a cover over it, and it's for the RV. It's just connected to the RV. CHAIRMAN KAUFMAN: Okay. So it's hot, if you will. MS. RAMIREZ: It's not connected. The RV doesn't work. When it used to work, we used to use it. CHAIRMAN KAUFMAN: Is it possible to turn the circuit breaker off for that? MS. RAMIREZ: It is possible, yes. CHAIRMAN KAUFMAN: Okay. Could you, without modifying the agreement that we already have, note that, and you'll turn the circuit breaker off? MS. RAMIREZ: Yes. CHAIRMAN KAUFMAN: Okay. Go ahead. MS. CURLEY: So this is the structure we're talking about that's occupied? MS. RAMIREZ: No. MS. CURLEY: The RV is not, okay. So we have multiple structures. So the RV's not occupied, and there's no power to it? MS. RAMIREZ: Correct. MS. CURLEY: So who's living where? MS. RAMIREZ: So it's kind of like a small shed. So there's, I guess, three issues with my parents, basically. The outlet, the outdoor outlet that used to run the RV, and then the demo for the -- for the mobile home in front of the property that got kind of January 27, 2022 Page 16 destroyed over the years by Irma, so it's been slowly getting worse, so that's another thing, and then the unpermitted structure, basically, that was built because the mobile home has been in really bad condition, you know. MS. CURLEY: That's where they're living? MS. RAMIREZ: In the -- yeah, not in the mobile home. MS. CURLEY: In the shed? MS. RAMIREZ: In the shed. CHAIRMAN KAUFMAN: In that structure? MS. RAMIREZ: In that structure, correct. CHAIRMAN KAUFMAN: And that structure is unpermitted? MR. MUCHA: Yes. MS. RAMIREZ: Yes. CHAIRMAN KAUFMAN: Is anything going on to permit it, or is that part of this order? MR. MUCHA: That is going to be part of this order, because I don't think there's -- nothing has been applied for yet, correct? MS. RAMIREZ: Not yet. I just applied for the extension for the mobile home to be demoed, and I have started the process to try to get the permits for the unpermitted structure. I have met with a structural engineer already and have got proposals for it, but it's really hard when it's already built. Nobody really wants to take on the project, it seems like, and everybody's backed up. CHAIRMAN KAUFMAN: Okay. I think as far as this case is concerned, we can live with the stipulation. MS. BOWMAN: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second to accept the stipulation. January 27, 2022 Page 17 MR. AYASUN: Second. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck. MS. RAMIREZ: Thank you. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Thanks, Joe. MS. CURLEY: We're just going to see her back here in six months. I don't like to do that to people. Grand expectations of failure. CHAIRMAN KAUFMAN: So we have no late-breaking stipulations to talk about? MS. BUCHILLON: Nope. CHAIRMAN KAUFMAN: So I guess that brings us to the first case that you'd like to bring before us. MS. BUCHILLON: Did you want to bring the attorneys first? CHAIRMAN KAUFMAN: Sure. MS. BUCHILLON: Under imposition of fines, No. 20, CEPM20200000363, Oslyn Garden Villas Condominium. (The speakers were duly sworn and indicated in the affirmative.) MR. JOHNSON: I do. MR. WOODWARD: I do. CHAIRMAN KAUFMAN: Let me go to my next stack of January 27, 2022 Page 18 papers. Good morning, John. MR. JOHNSON: Good morning. CHAIRMAN KAUFMAN: Counselor, could you give your name on the microphone. MR. WOODWARD: I'm Cameron Woodward from Woodward, Pires, and Lombardo, and I'm here to represent the Ozlyn Villas Condominium Association. CHAIRMAN KAUFMAN: Okay. Do you want to read the case into the record for us, John? MR. JOHNSON: Sure. For the record, John Johnson, Collier County Code Enforcement. This is an imposition of fines, Case CEPM202000 -- MR. LETOURNEAU: Excuse me one second, John. This is their motion for an extension at this point. So I think that they should probably go first, and then if -- depending on your outcome, we would have the imposition afterwards. Oh, no, I'm sorry. My bad. Okay. CHAIRMAN KAUFMAN: Do I need to beat you up now? MR. LETOURNEAU: No, you do. Exactly, yeah. CHAIRMAN KAUFMAN: You're too nice a guy to beat up. MR. JOHNSON: As I was saying, this is Case No. CEPM2020000363. The violation description was multiple docks in a state of disrepair. The past order, on October 23rd, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5846, Page 2405, for more information. On July 22nd, 2021, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents and January 27, 2022 Page 19 Images for more information. The violation has not been abated as of January 27th, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from April 22nd, 2021, to January 27, 2022, 281 days, for a total fine amount of $70,000 -- $70,250. Fines continue to accrue. The previously assessed operational costs of $59.21 have been paid, and operational costs for today's hearing are $59.49, for a total amount of $70,309.49. CHAIRMAN KAUFMAN: Okay. Counselor, you have the floor. MR. WOODWARD: So I'd like to begin today with stating that it would -- show the importance that the association takes this, we have present with us today the entirety of the board of directors who are seated in the back. We have William Roach, who's the President of the Association; Pat Lyons, who is the Secretary and Treasurer; Mark Delacey, who's a Board Member; and Sandra Leach, who is the Vice-President of the Association; and I, myself, am also a Board Member of the Association. CHAIRMAN KAUFMAN: So hail, hail, the gang's all here. MR. WOODWARD: Yeah, the gang's all here. So since we were last before you last July, the progress we have made towards -- to start with, we have been working towards correcting this issue for the last three-and-a-half years. We began the process of replacing the boat docks in 2018. We understand the docking facility at that time was nearing the end of its useful life, and to that end we have been working -- we have selected contractors and engineers, and we have been working to not simply replace the docks as they currently sit, which is as a nonconforming January 27, 2022 Page 20 accessory structure, having them been originally built -- and the entire association was, in fact, built in the early 1970s. So every structure on the property is a nonconforming structure with current code. Instead of simply doing that, we have been attempting and working diligently towards bringing everything into conformity with the code, and that requires not simply just replacing the docks as they are but changing their design so they meet current riparian setbacks, they meet current protrusion into the canal, which due to the narrow nature of the canal, which is only 60 feet wide, which is about as narrow as you are going to get in this county, protrusion requirements are significantly less than they were in the 1970s. So the docks will be much narrower and increase navigation for the canal for everybody moving vessels up and down. This will also bring the property into conformity with fire code relating to the dock structures, but this does require a Site Development Plan. And due to the nature of the fact that the -- that this is a condominium association and we have to, by Florida Statute and the Condominium Act, act through either of the board of directors at a duly noticed meeting or through the unit owners themselves through unit owner vote, in order to have an action. This does require time. So where we have been since last we were here, the engineering firm that we had selected very, very early on in late 2018, early 2019 was Turrell, Hall & Associates. They have provided to the board a series of engineering drawings. I have -- we can either -- if we can use the photo thing, we can put them forward, or we can have copies for each of the board members, if you would like. They submitted two drawings that meet all current code requirements. Those were voted on, a drawing was selected, and that drawing was selected -- we received those on August 29th. The association board January 27, 2022 Page 21 voted in September of 2021. On October '21, the notice was sent to the unit owners selecting which one the board had chosen. The unit owner vote then occurred. Because this is a substantial modification to the condominium documents, we have to have a unit owner vote in order to change the actual location. This has to be recorded in the public records. So we don't simply have the right as an individual property owner not subject to the Condominium Act would simply just to make a change. That was voted on, and then in -- that was voted on in November. On November 30th, Turrell, Hall submitted us a contract, a proposal, which we did execute, and that was to do the engineering work for the dock design that meets current code and brings the property into conformity. Since then, on January 5th, we did receive the signed engineering drawings from the engineer. Those were forwarded -- the association did. Those were forwarded to our contractor, which is Imperial Marine -- Imperial Marine Construction out of Marco Island. They were selected as our contractor in early 2019 before there was ever a code violation occurred. After that point, those were submitted to the county. On January 19th, 2022, those were submitted from our dock builder to the county along with an application to extend the permit that we had previously filed in 2019 to rebuild the docking facilities. We are -- we know we are going to have to do a Site Development Plan to bring the entire property, not only the dock side, but the landward side into conformity with current codes regarding landscaping, location of utilities, this sort of thing. This does require substantial amounts of engineering. The engineering that we had been recommended from Turrell, Hall, a man by the name of Blair Foley did submit us a quote in 2019 January 27, 2022 Page 22 prior to us having, as we discussed last time I was here, a miscommunication, and the pre-application meeting where county staff had informed us we would have to, well, essentially do a different -- do a different class of fire system than is actually required. CHAIRMAN KAUFMAN: Without getting into the gory details here -- MR. WOODWARD: Yeah. CHAIRMAN KAUFMAN: -- are you saying that they signed a contract to get this work done by a specific date? MR. WOODWARD: We have the contract to get the work done. The engineer can start immediately. We have right now, as we stand before you today, the engineering documents that have been signed and completed have been submitted to the county. Our dock contractor has informed us yesterday that they have been approved. So everything, structurally, waterside is approved, will be brought to code, not just replaced as a nonconforming structure. MR. RUBENSTEIN: I have a question. MR. WOODWARD: Yes. CHAIRMAN KAUFMAN: Let him finish, and -- MR. WOODWARD: We have the engineer and the experts signed on, contracted. They can begin work immediately on the Site Development Plan. That will require pre-application meeting with the county so that we can get there -- a new set of notes. We already had one, but due to the time frame since the first one, we will have no choice but to have a second application meeting. There is going to be a time frame involved here. And due to this -- due to the ongoing efforts to bring the property not only into compliance with the code as a nonconforming structure, but into conformity with all current codes, we would request that the Board not impose fines at this time and preferably schedule a status conference either 90 or 180 days January 27, 2022 Page 23 from now where we can come back, tell you what has been done, what has been submitted to the county, where we are in the review process, which is not insignificant bringing a property from this era into current code compliance. CHAIRMAN KAUFMAN: What's also not significant is this started in October of 2020. MS. CURLEY: May. CHAIRMAN KAUFMAN: So -- well, it actually started before that, but -- so let me go back to my other question. When is this going to be done? Do you have any idea? Is it going to be done in 90 days? In two years? MR. WOODWARD: It will -- now we have that -- MS. CURLEY: I have a question that might be able to help him get to his answer. So do you own property at this location? MR. WOODWARD: I own one unit, yes. MS. CURLEY: Okay. So and -- CHAIRMAN KAUFMAN: Stop making that noise. MS. CURLEY: You better listen to me. Is this reserve money, or do you have to take another vote and start assessing? Because you had spoken about the delays in condominium association, 14 days mailer for board meetings and with fine -- with what you're talking about. We understand those delays, most of us here. But are you going to run into financial delays, or is this money that you have reserved? MR. WOODWARD: The special assessment for the replacement of the docks has been -- we have that money. That was done -- all units have paid. That was done in early 2019. We have money in the reserves to pay for the site plan. We have a signed contract with the engineer to do the work. We have funds -- we have -- we are financially able to bring the property into compliance with current applicable codes. January 27, 2022 Page 24 MR. RUBENSTEIN: Question. CHAIRMAN KAUFMAN: Go ahead. MR. RUBENSTEIN: Do we have a picture of these docks in their current condition? MS. CURLEY: We're not hearing the case. MR. WOODWARD: I do, yes. MR. RUBENSTEIN: Could we get it on the screen. CHAIRMAN KAUFMAN: We're not hearing the case. Just a -- MR. JOHNSON: Just to help, the current docks are not a health-safety issue. They removed all the loose debris and so on, but they're not rebuilt. So they're kind of an in-between type thing. MR. RUBENSTEIN: And the second half of my question is, in your opinion, are these docks unsafe at this time? MR. JOHNSON: No, they're -- they're safe. My opinion they are very safe right now, but they're not docks. I mean, it's what's left of docks. There's some pilings. Basically it's just pilings, I think. Is there any decking left? There's some decking left? MR. WOODWARD: So we have two photographs where, once they put them on, you'll see. One is photographed from the north of the property facing south coming up. So this is the north -- standing north facing south. These are the two docks. As you can tell, there is no decking. They are just the concrete piling. Those were the decking that collapsed in January -- I believe January of 2020 that resulted in the code violation. They collapsed just simply due to the age of those two structures. The iron fasteners holding the decking in place collapsed. At that point, we had the code enforcement action, there was a navigation hazard. Those were fished out of the water, effectively, and currently all that resides there. The second photograph is from the southern property face -- south of the property facing north. Those show the docks that January 27, 2022 Page 25 are currently in place, and those are in fine condition. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Well, I'll make a motion to grant the association an extension? CHAIRMAN KAUFMAN: Yes. MS. CURLEY: Extension until our June meeting. CHAIRMAN KAUFMAN: It's your motion. MS. CURLEY: That's my motion. MR. JOHNSON: Mr. Kaufman, may I? CHAIRMAN KAUFMAN: Sure. MR. JOHNSON: I believe the request, which I don't think the county has any objection to, the request is in, was it 180 days? In other words, he would like to report back to Code with his progress. Because when you have to do -- when you have to do this SDP, this full Site Development Plan from scratch, there is -- the county can't even tell him how long it's going to take. There is -- it's very time unspecific. So if the Board wants to allow it, I think that's -- so that we don't keep coming back for more extensions -- or more continuances as needed, have him report to me, which we communicate on an almost weekly basis throughout this -- communicate with us that there's progress up and to, if you want to set a date, you know, six months, nine months, or whatever, and then I'll bring it back. But I brought it to you here today because it's been a long time, and I needed help from you guys to tell me, you know, how far we can go before imposing fines, which I don't think -- Jeff, if I'm wrong, tell me -- I don't think the county would object to -- MR. LETOURNEAU: I'm okay with Ms. Curley's suggestion at this point and -- CHAIRMAN KAUFMAN: I would like to see if you -- if your motion passes, that when you come back -- or when you report to the January 27, 2022 Page 26 county in June, that you have a more specific date on when you think this will be done. MS. CURLEY: Well, I want it done in June. MR. WOODWARD: Well, we want it done -- MS. CURLEY: I mean, you don't need us to baby-sit you. You're obviously capable of doing it. As long as your board follows suit, you guys should figure this out. It's been two years in May. So it will be -- it will be 25 months when we see you again since you got your first violation. MR. WOODWARD: I understand that, and -- MS. CURLEY: That's all. MR. WOODWARD: If I may just address that one point. CHAIRMAN KAUFMAN: We're trying to figure out which microphone's causing problem. MS. CURLEY: My super powers. MR. RUBENSTEIN: Are these docks being used at all by any of the residents? MR. WOODWARD: The dock you are currently seeing is -- not the side facing. That is used by Mr. Delacey. That is his assigned slip. He does not own a boat. The other side of that is my assigned slip, although my boat is not presently there; it is out of the water on a trailer, but it is being used. MS. BOWMAN: Okay. I'll second the motion. CHAIRMAN KAUFMAN: Okay. Can I add a friendly comment on your motion? MS. CURLEY: Of course. CHAIRMAN KAUFMAN: That in June we are going to set this up as an imposition just like it is today, and at that time -- not that it's all going to be done. We probably know it's not. We can tackle this at that time. So I don't know how you put that in words, but -- January 27, 2022 Page 27 MS. CURLEY: You just did. CHAIRMAN KAUFMAN: Okay. MR. WOODWARD: Before you vote, may I just address your comment with regard to the significant time frame that this has taken since this violation occurred? We have been continuously, since well before the violation occurred, working with the county in an attempt to get the entire project brought into not just compliance as a nonconforming structure but conformity with all current code, and at the pre-application meeting that occurred, while the violation was ongoing, we received incorrect information from the county regarding what we were going to have to do for the fire suppression system, and it was not an insignificant error. This error, with the contractor's we spoke to, none of them were willing to give us a quote. The only contractor that got close gave us a quote of $20,000 to give us a quote as to what it was going to cost, and that was to tie into the county's fire hydrant system for a pressurized line. The nearest fire hydrant at that time from our property was on the corner of -- was on the southwest corner of Becca -- Becca Avenue and Bayshore Drive. That is -- if you're going to go in blocks, that's nearly six blocks from our property. That would have required us to horizontally bore underneath several county roadways, receive permits to put our water line into a county easement. We would have then had to -- because we would own the line -- get a legal description for the pipe, transfer it to the county, create legal documents for all of that. That was -- MS. CURLEY: That was the misinformation you got, right? MR. WOODWARD: And we spent a massive amount of time, eight months, in fact, trying to get that requirement until actually President William Roach here had a conversation with Thomas Marcello -- I apologize if I butchered that last name -- was in charge January 27, 2022 Page 28 of fire safety with the county, and he confirmed with us that that was not, in fact, a requirement, and that was in error. And so that is a significant amount of time. We have been working diligently. To bring the entire property to current code is a long process. The county has plenty of time to come back and comment. I would just like to make that clear. CHAIRMAN KAUFMAN: Okay. We have a motion and a second on the motion. Any other discussion on the motion? MR. AYASUN: Could I hear the motion again, please? MS. CURLEY: My motion is to give an extension of time. Fines will continue to accrue until our June 2022 meeting. MR. AYASUN: Thank you. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: Okay. Thank you. CHAIRMAN KAUFMAN: Any other comments? MS. BUCHILLON: Excuse me. Extension of time waives the fines. A continuance -- MS. CURLEY: Continuance, I beg your pardon. CHAIRMAN KAUFMAN: Continuance. Okay. We all understand? All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. See you in June. MR. WOODWARD: Thank you for your time. January 27, 2022 Page 29 CHAIRMAN KAUFMAN: Okay, Terri. (Interruption by the stenographer for clarification.) MR. RUBENSTEIN: I'm for. CHAIRMAN KAUFMAN: The difference between a continuance and an extension of time, if you do an extension of time, the fines stop. A continuance, they continue. MS. BUCHILLON: Next attorney, No. 21, CEVR20200000062, William E. Crest and Roseann R. Crest. I mean -- Crease -- Christ. (The speakers were duly sworn and indicated in the affirmative.) MR. CATHEY: I do. MR. SCHMACHTENBERG: I do. CHAIRMAN KAUFMAN: Good morning, Ryan. MR. CATHEY: Good morning. CHAIRMAN KAUFMAN: Sir, could you give us your name on the microphone for us. MR. SCHMACHTENBERG: My name is Lee Schmachtenberg. I'm an attorney here in Collier County. CHAIRMAN KAUFMAN: Okay, Counselor. Everybody sworn in? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: Why don't we begin with you, Ryan. MR. CATHEY: For the record, Ryan Cathey, Collier County Code Enforcement. Past orders, on February 25th, 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, OR5920, Page 3893, for more information. On September 23rd, 2021, the Code Enforcement Board granted January 27, 2022 Page 30 a continuance. See attached order of the Board in Documents and Images for more information. Violation has been abated as of October 28, 2021. Fines have accrued at a rate of $200 per day for the period from August 25th, 2021, to October 28, 2021, 65 days, for a total fine amount of $13,000. Previous operational costs of $59.28 and $59.49 have been paid. Operational costs for today's hearing is $59.56. Total fine amount is $13,059.56. CHAIRMAN KAUFMAN: Okay. Sir? MR. SCHMACHTENBERG: First, I'd like to relay to you that the owners, the Christs, are sorry that they could not attend today. Mr. Christ is still undergoing cancer treatment. It's been for the last two years, and it's still active, and so he's unable to attend. What has taken place is immediately upon their being told that a violation had occurred, they established a restoration plan. The restoration plan went through the approval process. After it was approved, it was implemented, and as you've been informed, it has now been completed, and it meets the restoration plan. So we're here today to request the waiver of the fines, that -- any and all fines that have accrued during the period of time that has started with the violation. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: Has this been abated? MR. CATHEY: Yes. CHAIRMAN KAUFMAN: Yes, it has. Any questions from the Board? (No response.) CHAIRMAN KAUFMAN: Looks like it was handled quite quickly. MR. CATHEY: Considering the circumstance, yes. January 27, 2022 Page 31 CHAIRMAN KAUFMAN: Okay. MS. ELROD: Make a motion to deny the county the imposition of fines. MS. BOWMAN: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay, counselor. MR. SCHMACHTENBERG: Thank you very much. MS. BUCHILLON: Okay. Now we're back to the beginning of the agenda. Under public hearings, motion for extension of time, No. 1 -- no, No. 2, CESD20180004425, Marie C. Ramirez. She's also scheduled under imposition of fines. CHAIRMAN KAUFMAN: Okay. (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: I do. MS. RAMIREZ: I do. MS. MATA: Yes, I do. CHAIRMAN KAUFMAN: Okay. Could we have everybody who is going to testify state your name on the microphone for us. MS. RAMIREZ: Marie C. Ramirez. January 27, 2022 Page 32 MS. MATA: I am Elsa Mata. CHAIRMAN KAUFMAN: I didn't hear. MS. MATA: Elsa Mata. CHAIRMAN KAUFMAN: You're going to be testifying, or you're a translator? MS. MATA: Yes, I'll be helping her. We're helping her. I'm with J. Trejo Construction, helping her with the corrections. CHAIRMAN KAUFMAN: Okay. So you're a construction company -- MS. MATA: Yes. CHAIRMAN KAUFMAN: -- representative? Okay. And the gentleman? MS. MATA: This is her son. He's helping. MR. RAMIREZ: Guillermo Ramirez. MS. CURLEY: Could you just have everybody please speak louder. MR. RAMSEY: Guillermo Ramirez. CHAIRMAN KAUFMAN: Okay. And you're? MS. RAMIREZ: Marie Ramirez. CHAIRMAN KAUFMAN: Okay. You're going to be testifying with Marie? MS. MATA: No, he's just helping her. CHAIRMAN KAUFMAN: Got it. So he's not going to be testifying? MS. MATA: No. CHAIRMAN KAUFMAN: Okay. That clears it up. Okay. Joe, the floor is yours. MR. MUCHA: I think they wanted to maybe get into why they need the extension. Would that be better for them to get into that first or -- CHAIRMAN KAUFMAN: What do you think? January 27, 2022 Page 33 MR. LETOURNEAU: Their request for the extension would go first, and then our imposition if you guys choose to deny the extension at that point. CHAIRMAN KAUFMAN: Okay. MS. MATA: Okay. So we are here -- we've done -- we've been having to submit for applications. We've submitted for permitting. As far as permitting, there's been some rejections due to some conditions that they're requiring has involved an environmental resource permit. And I'm referring to the -- there's a pole barn structure on the property that needs to go through permitting, you know, to make it legal to be there. And so now, with the environmental resource permit, the Florida Department of Environmental Protection is involved. And it turns out, for unknown reasons, we don't know why, but they don't have records of an environmental permit from when the house was built. So there is an investigation going on, and they sent us a letter saying that we were denied for an exemption, and now they -- we are expecting a letter from them to tell us how we should proceed. They're backlogged. We don't know when we'll be receiving that letter, and they'll let us know how to proceed, because now this problem has become even bigger. We are not able to resolve the current permits until we resolve that portion. CHAIRMAN KAUFMAN: Let me ask a question. I'm trying to make this simpler to understand. MS. MATA: Yes. CHAIRMAN KAUFMAN: It says, structures including but not limited to sheds, pole barn, chicken coop, and trailer were built on the property without permits. And then it further says that there were -- I'm looking at at least three permits -- that were pulled but they expired. Am I -- is that -- MS. MATA: That was years ago, yes. January 27, 2022 Page 34 MR. MUCHA: I think I could help clear it up. MS. MATA: Go ahead. MR. MUCHA: Right now basically what we're dealing with is the pole barn, which she mentioned, and then there's also a pool permit. MS. MATA: Everything else was removed or resolved. MR. MUCHA: Everything else was either removed or resolved. MS. MATA: Yes. MS. BOWMAN: So there's a pool on the property that was unpermitted as well? MR. MUCHA: It had a permit at one point. It just wasn't finished. So they've reactivated that permit. So that permit's issued now, and it's good till May, but the pole barn is rejected, the application's rejected. MS. MATA: Because now environmental is involved. MS. CURLEY: So are you just going to take the pole barn down? MS. MATA: No. We've already met with the building official and showed him the structure. The structure's structurally sound. It can be permitted, but we need this environmental issue resolved before they can issue us a permit. MS. CURLEY: I know. MS. MATA: So at this point it's still an application because of the environmental issues. MS. CURLEY: Well -- but it wouldn't be an issue if the pole barn wasn't put up without the right paperwork. MS. MATA: Correct, and that years ago. MS. CURLEY: So it's been an ongoing issue since 2018. MS. MATA: We weren't involved with that. We're trying to resolve that. January 27, 2022 Page 35 CHAIRMAN KAUFMAN: Who owned the property when the pole barn was built? MS. MATA: The current owners. CHAIRMAN KAUFMAN: Okay. Because the difference between owning it when it was done and now is you can apply for an update on the architectural plans with an architect, but now -- MS. MATA: They want us to do a regular from-scratch permit. CHAIRMAN KAUFMAN: Well, you'd have to because it was built by the person who owns it now. MS. MATA: Okay. MS. CURLEY: But in the meantime, since all that's happening and you're not trailblazing this pole barn, I mean, does it not seem like there's a better avenue for you to get out of the system and clear this up? It seems like you've cleared up some of the other things, and to remove a pole barn would be a lot easier than us imposing fines on expired permits and this mess that's going on here. MS. MATA: Well, they -- MS. CURLEY: It's like you're taking the hardest road possible. MS. MATA: Yeah, because ideally, the best thing would be to keep the pole barn. It's already an investment. MS. CURLEY: Yeah. But had they applied for the permit the right way, then that would be the right way. MS. MATA: Correct, correct. I agree. MS. CURLEY: And so that doesn't always work out. And now this is -- this is just a lot going on here unnecessarily. CHAIRMAN KAUFMAN: Can I narrow this down? MS. MATA: To the owner -- it's necessary for the owner. CHAIRMAN KAUFMAN: Can I narrow this down to two issues, a pool and a pole barn? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. Chicken coop has -- January 27, 2022 Page 36 MR. MUCHA: Gone. CHAIRMAN KAUFMAN: -- flown the roost, et cetera? MR. MUCHA: All that stuff's done. It's just those two issues. MS. BOWMAN: So they are making progress. MS. CURLEY: So I make a motion a violation continues to exist. CHAIRMAN KAUFMAN: No, no, no. This is an extension -- they're asking for more time to resolve the situation. We haven't heard the case. MS. CURLEY: I don't -- I make a motion to not allow the continuance. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: We've heard this case multiple times. I don't think we need to hear it again. MS. CURLEY: No more extra. MR. MUCHA: Yeah, there's been multiple extensions on this. MS. CURLEY: Yeah, since 2018. CHAIRMAN KAUFMAN: Was this ever -- are there fines on this property right now? MS. ELROD: Yes. MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. That's another case that's under the -- MR. MUCHA: Imposition of fines. CHAIRMAN KAUFMAN: Imposition of fines. MS. CURLEY: So I officially make a motion to deny the petitioner's request for extension of time. CHAIRMAN KAUFMAN: Okay. We have a motion, and we have a second, Chloe? MS. BOWMAN: I'll second. MS. MATA: Can I explain -- I mean, I can explain all the January 27, 2022 Page 37 processes that we've had to do and who we've had to deal with. It's not something simple. MS. CURLEY: We see it. We see the timeline here. CHAIRMAN KAUFMAN: Okay. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Okay. It passes. So we're going to not extend it. We're going to hear it. MR. MUCHA: Okay. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: So we move forward with the IOF right now? CHAIRMAN KAUFMAN: Yes. MR. MUCHA: Okay. So I can go ahead and read that into the record? CHAIRMAN KAUFMAN: Sure. MR. MUCHA: Okay. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. This was dealing with a violation of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Location is 11700 Labrador Lane, Naples. Folio No. 759800108. Description is structures including, but not limited to, sheds, January 27, 2022 Page 38 pole barn, chicken coop, and trailer built on property without first obtaining all required Collier County building permits and also three expired Collier County building permits, PRBD20140925624, PRBD20140927647, and PRBD20160726667. Past orders: On January 24th, 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, OR5603, Page 2111, for more information. On August 18th, 2020, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents and Images for more information. April 23rd, 2021, the Code Enforcement Board granted a continuance. See the attached order of the Board in documents and images for more information. The violations have not been abated as of January 27th, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from January 24th, 2020, to January 27th, 2022, for 1,100 days, for a total fine amount of $110,000. Fines continue to accrue. Previously assessed operational costs of $59.49 and $59.35 have been paid, operational costs for today's hearing is $59.70, for a total fine amount of $110,059.70. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I make a motion to impose the fines as presented by the county. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. RUBENSTEIN: I couldn't hear her. Could you repeat it? MS. CURLEY: I make a motion to impose the county's fines as stated. January 27, 2022 Page 39 CHAIRMAN KAUFMAN: Do we have a second? MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any discussion on the motion? MS. ELROD: Yes. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Because they have to go through the environmental, and that is not a set time frame, you're penalizing them for having to go through the state. MS. CURLEY: Well, we're not penalizing them. Had they gotten a permit beforehand, they wouldn't have all this dragnet. MS. ELROD: But they have been -- MS. CURLEY: Since 2018, they -- MS. ELROD: But they have been working on it. MS. BOWMAN: Since 2014. MS. CURLEY: Since 2018. MS. ELROD: I understand. MS. MATA: I'm sorry. I don't know what happened before, but we just got involved, what, 2000 -- CHAIRMAN KAUFMAN: It's not up to you to be involved. It's the owner. MS. MATA: They did try hiring other people. They have paid thousands of dollars to other people to -- MS. CURLEY: To my fellow board member, I understand your direction of your question, but had this not been done in the first place by their own free will, we wouldn't be having to have empathy for their environmental protection dragnet. It's their mistake that they brought on by themselves. MS. ELROD: I understand that. MS. CURLEY: And it's been almost four years. MS. ELROD: They have been working on it. January 27, 2022 Page 40 MS. CURLEY: Not really. MR. RUBENSTEIN: Mr. Chairman? MS. MATA: I can show you a timeline. This is a lot of engineers, architects involved, county, things we -- that were out of their control. MS. CURLEY: Right. But, I mean, in 2018 you could have taken the pole barn down and moved on, but you guys decided to -- MS. MATA: I was not involved -- CHAIRMAN KAUFMAN: It's not -- it's the owner. MS. CURLEY: The woman. I can't see her. But had she made a better decision in 2018, then this wouldn't be here. But that's not my issue. My issue now is we've seen this case a million times, we've granted extensions, we've been told things were going to be fixed, repaired, and all that, and it's just enough. MS. MATA: And they have fixed a lot of the -- MS. CURLEY: Well, good. MS. BOWMAN: They're still going to have to. MS. CURLEY: They're fixing the problem that they made for themselves. CHAIRMAN KAUFMAN: Okay. If Gerald Lefebvre was here, he'd say, I could build a condo on the beach in less time, a high-rise, so... MS. CURLEY: Right. Yes, Lee. MR. RUBENSTEIN: A question. I did second the motion. Do we have a picture of this? MS. MATA: Yes. We have pictures on our -- MR. RUBENSTEIN: Do we have something we could look at? CHAIRMAN KAUFMAN: We had that originally, Lee, when we heard the case. MS. BOWMAN: It's a pole barn. CHAIRMAN KAUFMAN: It's a pole barn -- January 27, 2022 Page 41 MS. MATA: It's a big pole barn. CHAIRMAN KAUFMAN: -- okay, without a permit. Is there electrical in the pole barn? MS. MATA: No. MR. MUCHA: Not that I'm aware of. MS. MATA: No. CHAIRMAN KAUFMAN: Is there water in the pole barn? MS. MATA: No. It's just an open structure. MS. CURLEY: We just can't let -- we can't -- as a -- we're an advisory board of their peers. We live in the county. We are doing this as a volunteer position. And it's disrespectful to promise you'll do something and promise you'll do something and sign stipulation agreements and take your time and do all this and then come back with more excuses and more excuses. It's unfair for the other people that follow the rules. MR. MUCHA: I mean, I will say on Elsa's behalf that she -- MS. MATA: Can I show you pictures -- MR. MUCHA: -- has made numerous attempts meeting with Jonathan Walsh. I mean, I think she's trying to do everything she can. The environmental stuff is very tricky, obviously. MS. CURLEY: Her job can continue on then they -- MR. MUCHA: No, I agree, and there is a process for when it's all done. You can go to the Board of County Commissioners and -- MS. CURLEY: But right now this is a lot. CHAIRMAN KAUFMAN: One side question. MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: This has to go in front of EPA, environmental people; is that correct? MR. MUCHA: Yeah, there's some sort of -- yeah. MS. MATA: It has to go through federal. CHAIRMAN KAUFMAN: My question is, there's no water in January 27, 2022 Page 42 it. There's no electric in it. What's EPA? It had to do with a site that it's on? MR. MUCHA: Because I think it was on wetlands, right; is that correct? MS. MATA: That's the records they have originally, and for some reason the county did not, back then in 2012, guess -- or the environmental state wasn't as strict as they are right now as far as environmental permitting. So they've discovered that there's issues on finding records of the environmental permit for building the house. So now, due to other people's mistakes or -- you know, they let things by or don't have records to it at the county, now they're having -- they can't obtain a permit for this pole barn. MS. CURLEY: Well, I mean, the contractor that built the pole barn, they should have called them and asked them to get them out of this quagmire they've put themselves into. MS. MATA: They built it themselves. It wasn't a contractor. MS. CURLEY: So my motion stands. CHAIRMAN KAUFMAN: Okay. We have a motion. We have a second to impose the fine. Any other comments from the county -- MR. AYASUN: I have. CHAIRMAN KAUFMAN: -- from the Board? MR. AYASUN: I do. CHAIRMAN KAUFMAN: Yes, sir. MR. AYASUN: I'm going to say I oppose the -- CHAIRMAN KAUFMAN: Motion? MR. AYASUN: -- motion only because I know this area. I deliver free food in this area on a truck for a Marco Island benefit company, Al's Pals. You may be familiar with it. And it isn't just this. There's about 100 other ones just like this. So it kind -- knowing the area and how difficult even to get there. So I'm January 27, 2022 Page 43 just going to oppose the motion. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Based on nothing of the evidence that you've mentioned? MR. AYASUN: No. MS. MATA: I can show you more evidence. I have -- you guys haven't seen everything that we've done. CHAIRMAN KAUFMAN: Well, the case was heard in 2019 and then reheard in 2020, and then again in 2021. So anything that was to be provided was probably provided, and those -- in those time frames. Should the motion pass, the respondent has the ability to go to the county, to the Board of County Commissioners, and talk to them. MS. CURLEY: Right, but -- so as a board, I mean, it's nice that you have a caring heart and you do not-for-profit things in a community that you're acutely aware of, but it doesn't mean that you take favor over that than the county board positions as advisory boards that we're supposed to be doing here on this board. CHAIRMAN KAUFMAN: Okay. Let me call for the vote. All those in favor, say aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: That was an aye. Aye. Aye, nay. MS. ELROD: (Nods head.) CHAIRMAN KAUFMAN: Nay. MR. AYASUN: Nay. CHAIRMAN KAUFMAN: That passes 4-2. Okay. Thank you. MS. BUCHILLON: Next case under extension of time, No. 3, CEVR20210003024, Tuscany Pointe Community Association, Inc. January 27, 2022 Page 44 CHAIRMAN KAUFMAN: Okay. And on this particular case, we have -- MS. BUCHILLON: Speakers. CHAIRMAN KAUFMAN: Lots of speakers. Well, several speakers. Why don't we begin with the county to describe what we have in front of us, and then we'll go to the speakers and the respondent. We'll go to the respondent and then the speakers. (The speakers were duly sworn and indicated in the affirmative.) MS. PULSE: I do. MR. WELCH: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone. MR. WELCH: James Welch. HOA president. CHAIRMAN KAUFMAN: Okay. MS. PULSE: Okay. For the record, Dee Pulse, Collier County Code Enforcement investigator. The property -- the community has done quite a bit of what they needed to do. They had to apply for and obtain an insubstantial change for the landscaping requirements, and Mr. Welch did request more time on November 9th via email because he knew he wasn't going to be completed. So we didn't have hearings in November or December. CHAIRMAN KAUFMAN: Okay. MS. PULSE: I feel they're getting very, very close to being done, and Mr. Welch can comment to that. MR. WELCH: So the reason I applied for more time in November was our ICP wasn't approved yet. It got approved December 7th. Part of ICP, which this is on me, I didn't notice, required mulch in the buffer area. So I immediately reached out to mulch suppliers. When can we get that laid down? Two different suppliers said not till January. It January 27, 2022 Page 45 did get laid down January 14th. At that time we had our landscape architecture who did the ICP walk the area, she noted several trees that she believes are dead or dying, and they need to be replaced. So before we have Dee come back out to do a final inspection, thought it prudent to actually replace those trees, but at the same time, the cost of those trees that she is saying are dead or dying, it's not an insignificant sum. So we're going to get an arborist out there to look at the trees to say, are they dead or dying. And then once they say which trees are dead or dying, we're going to need to replace those, because the second violation we did receive was for missing trees, dead or dying trees. So last thing we want to do is get this abated and then have you guys get called back out for due diligence or dying trees. That's the reason we're asking for more time. Another complicating factor is we have our annual meeting coming up in February. The entire board, plus myself, we are not being reelected. So the new board, unfortunately, they may have to deal with this, and it's going to take them time to digest exactly what needs to be done. So that's another reason I'm asking for an extension of time. CHAIRMAN KAUFMAN: So this was a case, just in summary, where the buffer died or was moved. MR. WELCH: So the builder put in trees that died that weren't on the ICP. The ICP called for Cocoplums. We got landscape people out. They said Cocoplums are going to die back here. So Clusia was decided, which required a new ICP. CHAIRMAN KAUFMAN: Okay. And that all began when? MR. WELCH: April was the first violation notice. MS. CURLEY: Are you guys quitting, or are they firing you? MR. WELCH: It's a lovely community. MS. CURLEY: Good for you. January 27, 2022 Page 46 CHAIRMAN KAUFMAN: You sure you're not a politician? MS. CURLEY: I know exactly what you're going through right now, and I have empathy for you. How much time do you need? MR. WELCH: Well, February 22nd is the annual meeting. Three months should be more than sufficient. That's probably even too much. But even though our new board members are great people, I still want to give them equal amount of time. MS. CURLEY: Are any of them here, the new people? MR. WELCH: All three of them will be up here. One of them is actually one who reported the violation. So it's great that he can be here to talk. CHAIRMAN KAUFMAN: So you're asking for an extension -- a 90-day extension -- MR. WELCH: Yes, sir. CHAIRMAN KAUFMAN: -- if I understand you. Okay. Just so I know. Okay. MS. PULSE: If I may, I was just advised by my supervisor that a member of the environmental division, Mark Templeton, is willing to go look at the trees and give his assessment on the trees. MS. CURLEY: That would speed things up. MR. WELCH: Yeah, exactly. MS. CURLEY: Do you have to have irrigation out there? Is that required? MR. WELCH: We do. And we put in new drip lines. They all have it. MS. CURLEY: All right. Good luck with that. CHAIRMAN KAUFMAN: Well, let me ask you, what's on the other side of the buffer? MR. WELCH: A landscape company, and they kind of have a gravel road, so some dust was coming over. And so the homeowners who bought there, they saw the landscape company, but January 27, 2022 Page 47 at that time when they bought, the trees were probably a little more fuller that died, so... CHAIRMAN KAUFMAN: Okay. Well, let's -- MS. CURLEY: Thank you for your service. MR. WELCH: Oh, thank you. CHAIRMAN KAUFMAN: Why don't we start with the people who want to speak on this item. Is Carolyn Nelson here? I called you first because I can pronounce your name. MS. NELSON: I'm going to pass right now and let the other -- but I am part of the new board. CHAIRMAN KAUFMAN: Okay. Congratulations. MS. NELSON: Thank you. CHAIRMAN KAUFMAN: James Welch. That's you. Okay. Jessy Lamayaz -- Lamelas. (No response.) CHAIRMAN KAUFMAN: I'll come to the back. Debra? MS. SFORZA: Sforza. CHAIRMAN KAUFMAN: I'll stick with Deborah. MS. SFORZA: That's okay. CHAIRMAN KAUFMAN: Why don't you give your full name on the microphone, please. MS. SFORZA: Debra Sforza. I'm a homeowner -- (The speaker was duly sworn and indicated in the affirmative.) MS. SFORZA: Yes. Debra Sforza. I'm a homeowner, and I'm going to be a new board member for Tuscany Point. I volunteered. I just want to go back a little bit. CHAIRMAN KAUFMAN: Move the mic down a little bit. MS. SFORZA: Sure. I just want to go back a little bit and give you a little bit more history on this, because when this came to January 27, 2022 Page 48 my attention -- and you know anytime anybody's pocket's hit, when I got a special assessment for 60 grand, obviously, you wake up and pay attention to what's going on in the community. So upon that, I took it upon myself to contact the development revise board, because on our -- we just passed -- D.R. Horton just left in 2019, and you just passed -- your landscape development passed, the buffer that we are responsible for. The whole thing was not dead. There were a couple trees dead. So I just want to bring that to your attention, the one homeowner that called in, it was just her little section, which she asked for about -- I found out -- I started getting some information. For about three years she's been asking this current board to just replace her landscaping there. She got frustrated. She decided to call your help and have you come in and take care of that. So that's how you inherited this. But then I took it upon myself to find out -- and I have copies for you all. I found the -- I got the original one that was approved that the bond was released in June of 2019 for that buffer, okay, that berm, for D.R. Horton. I asked -- I sent an email. And I just had a short time to do this, so I got a lot of stuff done in, like, the past couple weeks. I asked Mr. Bianchi (phonetic), I sent him an email -- I left him phone call messages and an email requesting the final release of the inspection when the county released -- before they released the bond for the landscaping. The landscaping that this board ended up getting an ICP for was landscaping we inherited from the release in 2019. So we spent extra money on an ICP. If they would have just looked back, that was the landscaping. So landscaping that was approved was wax myrtles -- I'm trying to remember all the names of the different trees. But I had that all in this packet for you to all take a look at. So now here we are, we inherited this. This board worked January 27, 2022 Page 49 according to what -- only what they knew and what they were being told by the property manager and the present landscape company. Nobody bothered to look up the county's approved landscape and compared to what we had while we're having to replace all this, and now we have to go for this whole ICP, all this expense cost the community 60 grand. I did walk the property yesterday. I was one of them to walk the property when they were there yesterday. My confusion is why he's asking for the extension for this if now -- if everything is compliant, we paid all this money. It's water under the bridge. We've got to move forward. We don't want to be surprised as a new board and as a community of things that maybe we're not being fully -- the past board is [sic] being fully transparent on. So according to the last -- yesterday's inspection, everything is fine. And I appreciate the fact that the county's arborist would come in and look at those trees that we have that look like there's little buds coming through, because there was procrastination, obviously, in getting in the irrigation from this present property manager and board that we have now. So my question is, why are we postponing the final inspection? What -- what's the extension for? I guess that's my question. That he's -- that the present president that nobody on this board will be on next month, why does he need an extension? That's my question. Maybe you can help me with that. CHAIRMAN KAUFMAN: Okay. It's -- this case was brought before Code Enforcement as a violation. MS. SFORZA: Right. CHAIRMAN KAUFMAN: Okay. And they agreed with whoever brought the case that it was a violation, and they brought it before the Board. MS. SFORZA: Right. January 27, 2022 Page 50 CHAIRMAN KAUFMAN: And the Board agreed it was a violation, and we're going forward now. Now, let me ask -- are you going to be the -- you're on the new board? MS. SFORZA: Right. CHAIRMAN KAUFMAN: If they were granted 90 days to come into compliance, someone look at the dead trees and replace them or whatever, would that satisfy your problem? MS. SFORZA: I don't know if it truly is a problem other than we're wanting more transparency of why he's asking for an extension. MS. BOWMAN: So you don't get fines imposed. MS. SFORZA: Okay. So we don't get fines imposed. Okay. So at that point if the trees die, the new board is going to be responsible to, obviously, replace the trees and come up with the finances for them, because there's no money there for them. CHAIRMAN KAUFMAN: One way or another -- MS. SFORZA: Right. CHAIRMAN KAUFMAN: -- it's the people who live there who wind up -- MS. SFORZA: But the trees do -- everything does look good as far as yesterday. It's alive, so... CHAIRMAN KAUFMAN: Well, I'm glad that -- MS. CURLEY: Well, it's too bad that they didn't know about the permit for those wax myrtles, because those are a much more beneficial tree for the wildlife, and they're a native Florida tree. MS. SFORZA: Right. And they -- because nobody compared the original -- (Simultaneous crosstalk.) MS. CURLEY: But that's, like you say, water under the bridge. We only know what your president -- we only know what your president said -- MR. WHITE: One at a time. January 27, 2022 Page 51 MS. CURLEY: -- why he wanted an extension. We don't see a problem with it. People ask for it a lot. If you don't want to inherit this problem, then tell us that. MS. SFORZA: We don't want to inherit this problem. We want full transparency, and we're not really getting it. MS. CURLEY: Well, we can't give you that full transparency. MS. SFORZA: Right. I understand that. MS. CURLEY: All we can do is hear what you need to say. MS. SFORZA: Right. CHAIRMAN KAUFMAN: Let me try my King Solomon routine. If we hear the case and we impose the fine, it's going to cost the people who live in your community money. MS. CURLEY: Money. MS. SFORZA: Right. CHAIRMAN KAUFMAN: If we wait the 90 days, they come back and the fines are abated, it won't cost them money. MS. SFORZA: So you're saying it's a better -- CHAIRMAN KAUFMAN: I would think if I were in your -- MS. SFORZA: I'm asking -- CHAIRMAN KAUFMAN: If I were in your shoes, I'd say, you know, it looked good yesterday, I walked it. Probably in 90 days, everything will be fixed. Why don't we go on with life? That's me personally. MS. CURLEY: I think your current board member had the future in line with his request. MS. SFORZA: Okay. CHAIRMAN KAUFMAN: Okay. So that brings me to -- if you -- unless you have something else -- MS. SFORZA: Nothing else. CHAIRMAN KAUFMAN: John? MS. SFORZA: Thank you. January 27, 2022 Page 52 CHAIRMAN KAUFMAN: John, is it -- MR. ONUFRAK: Onufrak. CHAIRMAN KAUFMAN: Right. MR. ONUFRAK: John Onufrak. (The speaker was duly sworn and indicated in the affirmative.) MR. ONUFRAK: Yes, I do. I'll pick this up because I'm tall. CHAIRMAN KAUFMAN: Good morning. MR. ONUFRAK: Good morning. Thank you for having me. I listened to everything, and everything seems to be pretty good. This Mark Templeton, would he be the environmental gentleman who will be coming out to -- CHAIRMAN KAUFMAN: I don't know. MS. PULSE: Yes, he is. MR. ONUFRAK: He is. How soon can that be taken care of? How soon can he come out? CHAIRMAN KAUFMAN: That's up to him and -- MS. CURLEY: Once this meeting's over, you can talk with the county about that. MR. ONUFRAK: That will be up to him, okay. Well, I think that's important. The sooner he comes out to determine whether the trees that supposedly are in question, to decide are they healthy, not healthy, and then go forward from there. I think that can be resolved if he can come out as quickly as possible, and this whole thing could probably disappear, that's my opinion. But the main thing here -- and I know this isn't the violation, from the very beginning the developer put in the wax myrtles. On the plan it called for Cocoplums. The county approved that. They approved the wax myrtles. It should have been Cocoplums. The wax myrtles died. Now the people of the community need to replace them. January 27, 2022 Page 53 So the board, existing board, have decided to put in the Clusias rather than the Cocoplums because some of them said -- they got some information from so-called professional landscapers who said that the Clusias would be better than the Cocoplums. They would thrive better. Okay. On the northeast end of the perimeter, there are Cocoplums. The code enforcement officer has pictures of them thriving, beautiful, better than anything there. So a decision was made to put in the Cocoplums -- or not the Cocoplums, Clusias, but I personally feel it should have been Cocoplums. I guess the big thing here is why would the county approve what was there and died and the people of the community have to be responsible for paying for the new plants, regardless if it's Cocoplums or Clusias, the board decided to put in Clusias, but... CHAIRMAN KAUFMAN: These are all issues between you guys, your attorney, and the people who live there. If it's not a code violation, it doesn't concern the board here. So I understand what you're saying. Lots of times developers do something and, at the end, it doesn't seem to work out. But the only recourse you have is to get an attorney and go after the builder, or if somebody wants to go after the board, that's possible, but it looks like the whole board's being replaced, so... MS. CURLEY: So let me help you. MR. ONUFRAK: Yes, ma'am. MS. CURLEY: A Cocoplum and a crepe myrtle are Florida native plants. They're wonderful. They thrive. Whether or not your landscaper just had more availability to the current plant that's put out there, it is very salt tolerant and draught tolerant, and it's an easier plant to source. Just so you know that, it's an easier plant to source. I can see why the county approved those other plants. They January 27, 2022 Page 54 should have thrived. Maybe you had an irrigation issue. Maybe they weren't managed, fertilized, whatever. How it -- because it died is -- that's actually your fault. If there's 100 percent people living in your neighborhood, you guys own your one little thing. But outside your front door, you divide all of that land into -- everybody has a portion of that that you're responsible for. So as an association, you're a member of that. So even though you're not on the board or weren't on the board doesn't mean you can't say, hey, something's happening here. It's your responsibility. Just like when you lived up north and you had a house with a lawn, you took care of that. You still have to be a caring member of the community whether you're on the board or you're not, and you all are responsible for it. It's just your board that makes the decisions on what vendor you hire and how you spend your money. So you have to be a community at large when you live in a community like this. And it's too late now, the trees are planted. You can do something different. MR. ONUFRAK: I don't want to choose the planting. The planting's already chosen. CHAIRMAN KAUFMAN: I think we've had enough discussion about trees now. Okay? MR. ONUFRAK: All right. MS. CURLEY: Hopefully that helped you. MR. ONUFRAK: Thank you. CHAIRMAN KAUFMAN: Do we have any other person from the public that would like to speak on this issue? (No response.) CHAIRMAN KAUFMAN: Hearing none, the request is for a 90-day extension -- not extension -- continuance. Has someone made that -- MS. ELROD: I'll make that motion. January 27, 2022 Page 55 CHAIRMAN KAUFMAN: We have a motion to grant a 90-day continuance, and then we see the new board at that time. MS. CURLEY: I'll second that. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck to the new board. MR. WELCH: Thank you. CHAIRMAN KAUFMAN: And my condolences to the old board. MS. CURLEY: Keep your eye on your irrigation. CHAIRMAN KAUFMAN: We're going to take a 10-minute break now for Terri. MS. BUCHILLON: Okay. CHAIRMAN KAUFMAN: Okay. Ten minutes. (A brief recess was had from 10:30 a.m. to 10:43 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. What's our next case, Helen? MS. BUCHILLON: Next case would be under public hearings, D, hearings, No. 2, CESD20210008551, Robert Vocisano and Maro Vocisano. (The speakers were duly sworn and indicated in the affirmative.) January 27, 2022 Page 56 MR. HOLMES: I do. MS. BAEZ: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MS. BAEZ: Legali (phonetic) Baez. CHAIRMAN KAUFMAN: Okay. MS. BAEZ: I'm the general manager for the Golden Gate Inn. CHAIRMAN KAUFMAN: For the Golden? MS. BAEZ: Gate inn. MS. CURLEY: Inn? MS. BAEZ: Uh-huh. CHAIRMAN KAUFMAN: Okay. Okay, Bradley, you're up. MR. HOLMES: All right. For the record, Bradley Holmes, Collier County Code Enforcement. This is in reference to Case No. CESD20210008551 dealing with violations of the Collier County Land Development Code 04-41, as amended, Sections 10.02.06 (B)(1)(a) and 10.02.06 (B)(1)(e)(i) for the unpermitted improvements/renovations made to 16 rooms without Collier County building permits located at 4100 Golden Gate Parkway, Naples, Florida 34116. Folio No. 35640120001. Service was given on September 13th, 2021. I'll outline our details of the case. This case originated as a complaint to Code Enforcement regarding unpermitted renovations. A site visit was conducted with Collier County Licensing Enforcement Division where we observed two rooms. One was found to be renovated from original design. The other one was shown as an example of non-renovated. August 16th, I received a phone call from the property manager, Maggie, who stated during our conversations that there were a total of 16 rooms that were renovated. Following my receipt of the building official's determination, a January 27, 2022 Page 57 notice of violation was served. Contact with the property manager and the hired contractor has been maintained. At this time a permit to address 13 of the rooms is on file as of January 19th, 2022, but has not yet been issued. A conversation had today, the property manager is advising that there were only two rooms that were modified, so she'll testify further on that. Details that I have to present to you are 12 photos taken on August 13th, 2021. It will be of the modified and the unmodified rooms. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. HOLMES: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection to the photos? MS. BAEZ: No, not at all. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: Make a motion to accept the photos. MS. CURLEY: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. That looks like a bottom of a sink. MS. CURLEY: Looks good to me. January 27, 2022 Page 58 CHAIRMAN KAUFMAN: Do you want to talk through the pictures, Bradley? MR. HOLMES: The photos you're going to see first, these are of the renovated room. This is like a kitchenette area that was installed in the location of a former clothing closet, so... CHAIRMAN KAUFMAN: So there's water and electric that was added? MR. HOLMES: Closet was removed. They did plumbing, electrical work, installed a light fixture. MS. CURLEY: Is that a cooking element? MS. BOWMAN: It's plugged in. MR. HOLMES: It's a plug-in, yeah. CHAIRMAN KAUFMAN: Looks just like a light. MR. HOLMES: So that, what you're seeing is the back side of the new closet. CHAIRMAN KAUFMAN: So the wall was put in? MR. HOLMES: Yeah. They moved and they installed the closet up there. So everything that you're seeing is new there behind the refrigerator. CHAIRMAN KAUFMAN: Okay. So the Sheetrock was done? MR. HOLMES: Yeah. CHAIRMAN KAUFMAN: And there was no building permit pulled on this? MR. HOLMES: No. CHAIRMAN KAUFMAN: Did you determine whether it was done by licensed -- MR. HOLMES: They said it was in-house, if I recall correctly. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Yeah. Contractor Licensing was involved and then turned the case back over to us at some point. January 27, 2022 Page 59 MR. HOLMES: All right. So this is an example of what it would have looked like before. So they -- probably double bedrooms. CHAIRMAN KAUFMAN: So these were rooms that were converted into rooms with kitchenette? MR. HOLMES: Right. CHAIRMAN KAUFMAN: Okay. MR. HOLMES: This is the former Quality Inn that's on Golden Gate Parkway where the golf course is, just to give yourself an idea of what we're talking about. CHAIRMAN KAUFMAN: What was the name of it? MR. HOLMES: The Quality Inn. It used to be Quality Inn in Golden Gate. MS. CURLEY: 951 in Golden Gate. MR. HOLMES: Yep. CHAIRMAN KAUFMAN: I know. MR. HOLMES: Just a -- it used to be a hotel room, so... MR. LETOURNEAU: Is that it, Brad, or is there a couple more pictures? MR. HOLMES: That would be it. CHAIRMAN KAUFMAN: Okay. Yes, ma'am. MS. BAEZ: Okay. So there was this misunderstanding in between how many rooms have been done and how many rooms I wanted to get done. When he came in, the guy that called in was the one that was working. I thought he was a contractor because he was maintenance for all three hotels, so I thought that he had everything in order. He was there. But when -- he quit and he got fired. He asked for a big raise. The owner said no. He said, I have a better offer somewhere else, and the owner, knowing him, he said, just go ahead and go with your January 27, 2022 Page 60 new offer. Then he called the county. He was the one that made the complaint on the two rooms that he had done. So when the county went there, I said, well -- they asked me. They saw all the rooms that were not done. I said I would like to do this. Because we're doing, like, a little bit of a long-term, like, a month, two month, three months, company that will come in to work here, they stay there, okay. So I wanted to really do that. Now, I hire an architect, which he did all the plans, and I hired a contractor. He's doing all the work for me right now. He also put in for the application. I went and paid for that. But the main thing is the two rooms that were already done. So I am going to ask him to go ahead and work on those two rooms that are done and get into compliance, and if it's going to be too much work or too much hassle -- because this is old buildings. And what he's telling me, he has to wait for the county to tell him what he needs to get it in compliance. So if we have to change panels, I'm just going to keep it as hotel rooms without a wet bar. That's really a wet bar. It's not even a whole kitchen. It's a wet bar. So we're going to keep it as hotel room because right now I have them rented like that. CHAIRMAN KAUFMAN: Okay. It doesn't matter -- MS. BAEZ: I don't need to change -- CHAIRMAN KAUFMAN: It doesn't matter if it's one room or 20 rooms. It's a violation. MS. BAEZ: Yeah, I know, but there's only two done. CHAIRMAN KAUFMAN: We will eventually vote on whether a violation exists or not, and then we go from there. But I understand your situation, okay. Any comments from the Board? MS. CURLEY: Well, I just have a question. So is it 16 rooms as stated, or have two rooms been modified, and that's it? January 27, 2022 Page 61 MS. BAEZ: The two rooms have been modified. The other ones -- because when he came in, he said stop the work -- MS. CURLEY: Right. MS. BAEZ: -- stop the work. So I tell my maintenance guy, stop it. Don't do nothing else till we get a permit. So that's why I'm applying for the permits, but -- MS. CURLEY: Okay. So my question: Two rooms -- you found two rooms that had been modified without a permit? MR. HOLMES: Correct. MS. CURLEY: And then so where did you -- MR. HOLMES: And then conversation was had a few days after that inspection. That was what we observed on the inspection date August 13th. August 16th phone call was had with Maggie, and at that time, excuse me, she stated 16 rooms. So my understanding going forward from there was there were 16 modified rooms, not that we observed all 16 but that was her -- that was her statement. MS. CURLEY: Okay. So what's -- MR. HOLMES: Today -- MS. CURLEY: So now it's two? MR. HOLMES: -- we're changing gears. MS. CURLEY: It's two rooms that -- it's two rooms, not 16? MR. HOLMES: According to Maggie. CHAIRMAN KAUFMAN: Okay. MS. BAEZ: Yeah, because the other ones I am not having any plans to do it until we get the permit. If we get permit and it's going to be worth the change of this little -- it's a wet bar. It's not a kitchen. It's a wet bar. So if we do decide we're going to go ahead on, then we'll have the permit. CHAIRMAN KAUFMAN: It doesn't matter what you call it. There was plumbing -- MS. BAEZ: Yeah. January 27, 2022 Page 62 CHAIRMAN KAUFMAN: -- and electrical that was done, okay. So we have to determine as a board whether a violation exists or not. MR. WHITE: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. WHITE: Mr. White. It is germane to your determination whether it's 16 or 2 because if you find a violation of 16, they would then have to get the permits for all 16. So if there's only two that actually were modified and need permits, it's, I believe, relevant to determine the exact number that require permitting. MS. CURLEY: Well, that's why I asked the question. MR. WHITE: I understand. MS. CURLEY: And I think we got an answer. The county can't prove that there's any more than two. You had access to two rooms. You photographed the two rooms? MR. HOLMES: We have photographs of two. I had verbal conversation that I testified that there were 16 stated. She's changing her gears. I mean, that would be up to her to show us. MS. BAEZ: Well, I'm not changing it. I told you that there was two of them that were already done. So it was a total of, like, 14, because I miscounted it, because I was counting the efficiencies and the suites. Those don't need permit. So there's 14 rooms; two that were done, and 12 that needed to be done. Because you told me stop the work. I stopped it completely. MR. WHITE: As a point of information, Mr. Chairman, perhaps going by the room numbers would help in my drafting of a clear order. CHAIRMAN KAUFMAN: Let me try this. Whether it's one room that was done or 25 rooms that were done, I'm going to ask the Board if a violation exists. MS. BAEZ: Okay. January 27, 2022 Page 63 CHAIRMAN KAUFMAN: Then we can get to maybe somebody's going to have to look at all the other rooms as well. MS. BAEZ: But that's why I hired an architect -- CHAIRMAN KAUFMAN: Okay. MS. BAEZ: -- and I hired a contractor, which he's supposed to fix those and put it up to code. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Well, I make a motion that a violation exists. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So I was going to ask what your recommendation is, but I would like to see in your recommendation something about a visual inspection of all the rooms since it is a safety-and-health concern. MR. HOLMES: Understood. The first piece of information, I think, just to maybe help clear a little bit of the air, I'm going to provide the room numbers that were stated on this recently-applied-for permit, because it lists out -- CHAIRMAN KAUFMAN: Okay. MR. HOLMES: -- room numbers on there. There are 13 room numbers on the permit. So I'll just list them out just for -- or do you want -- if you want to hear them at a later time, I do have them January 27, 2022 Page 64 available. MS. CURLEY: Well, if there's thirteen on the permit, that means there's three that have already been done. CHAIRMAN KAUFMAN: Let me ask the respondent. Do you have any problem with taking a look at all the rooms to see what was done and what wasn't done? MS. BAEZ: No. CHAIRMAN KAUFMAN: Okay. So if you do that, then you can list room number so and so was done, this one wasn't done, et cetera. Go from there. MR. HOLMES: Certainly, it would be a -- CHAIRMAN KAUFMAN: Okay. That's simple enough. MR. HOLMES: -- solve-all. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. AYASUN: Is that limited to the rooms that are -- when you say "all the rooms," is that more rooms than 13, I'm sure? CHAIRMAN KAUFMAN: I don't know. How many rooms do you have there? MS. BAEZ: We've got about 140. CHAIRMAN KAUFMAN: Okay. Have you done anything -- MS. BAEZ: But this is the problem: There's a lot of efficiencies and a lot of suites in there that don't -- they didn't require anything because everything was in there; the kitchens, everything has been in there. CHAIRMAN KAUFMAN: Okay. MS. BAEZ: So it was a type -- different type of rooms that we have. CHAIRMAN KAUFMAN: Okay. You'll be able to determine -- January 27, 2022 Page 65 MR. HOLMES: We can discern between new and old -- CHAIRMAN KAUFMAN: Okay. MR. HOLMES: -- I think, pretty easily based on the pictures of the unmodified. It looks dated, so... MS. CURLEY: It's like a commercial -- I have a question to you. Commercial zoning for a hotel back when this was the Quality Inn, back probably built in, like, 1980, maybe or -- MR. LETOURNEAU: At least 1980. MS. CURLEY: Yeah. I mean, so would it have designated, you know, one-bedroom efficiencies, hotel rooms? Would that -- so there's potential that none of these rooms will be able to be, you know, updated if the original permit calls for these rooms to be in the state of affairs that they were originally built. MR. HOLMES: I don't know if I followed what you were saying there. MR. AYASUN: Yeah. MR. LETOURNEAU: I think our recommendation probably needs to be modified at this point to just reference the two rooms that we actually cited at this point. MS. CURLEY: Okay. MR. LETOURNEAU: Obviously, all the other rooms are on the permit at this point. So I'm hoping that they do follow through with those. But we need to probably get the verbiage on here for the two rooms that we did see. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: Do we have resources to inspect all these rooms? MR. LETOURNEAU: Well, they'll be inspected -- well, they've got a permit right now. If they don't follow through with that permit they have, we'll get involved with those other rooms. But they will be inspected if they follow through with that permit to get January 27, 2022 Page 66 the finals on them by the Building Department. MR. WHITE: I think the point is that as to the two that are in violation, they will be either approved as to the building permits, inspected and CO'ed, and as to the other X number, that's outside the scope of your order today. CHAIRMAN KAUFMAN: That's right. They'll be -- that's inspection. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: Okay. So we have the recommendation by the county. Anybody want to try filling in the blanks? MS. CURLEY: I can't see it. MR. LETOURNEAU: Well, we do still need to put in for all unpermitted improvements and renovations of the -- I don't know how you're going to word this at this point. We don't have the -- MR. HOLMES: She could confirm -- MR. LETOURNEAU: Do you know the numbers of those particular rooms, ma'am? MS. BAEZ: 217 and 215. MR. LETOURNEAU: Okay. 217 and 215 need to be put into the recommendation. CHAIRMAN KAUFMAN: Okay. MS. BAEZ: Like I said, we already -- I already paid for the application fee, Ariel, which is the contractor. He's just waiting for the permit. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So, sir, the permit that you were referencing in the conversation with us a few minutes ago, does it include those two numbers? MR. HOLMES: Yes, it does. CHAIRMAN KAUFMAN: Okay. This -- for your benefit, January 27, 2022 Page 67 we're going to fill in the blanks on the county's recommendation. And one will be to pay the operational costs. The next one will be how many days you're going to be given to bring the violation into compliance, and then if it's not brought into compliance by that date, there will be a fine associated with it. So if you get it all done before that date, that's the end. Just the operational costs. MS. BAEZ: Okay. If you give me three months -- because, like I said, I gave this to the architect. He said, oh, it's going to be done quick. It took him, like, three months. CHAIRMAN KAUFMAN: Okay. So you're asking for 90 days? MS. BAEZ: Yes. CHAIRMAN KAUFMAN: Okay. Now, anybody want to fill in the blanks? (No response.) CHAIRMAN KAUFMAN: If I don't hear anybody, I'll be glad -- MR. RUBENSTEIN: I'll fill in the blanks. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: Ninety days and $150 per day. CHAIRMAN KAUFMAN: After the 90? MR. RUBENSTEIN: After the 90. CHAIRMAN KAUFMAN: And the operational costs of 59.28 -- MR. HOLMES: Twenty-eight, yep. CHAIRMAN KAUFMAN: -- 28 be paid within 30 days. MR. RUBENSTEIN: Yeah. CHAIRMAN KAUFMAN: Okay. MS. BAEZ: Okay. MR. RUBENSTEIN: We're talking two rooms. MR. AYASUN: Two rooms. January 27, 2022 Page 68 MS. CURLEY: And you're going to add a No. 3 that's going to also provide access to all the other rooms to be sure that there's no other rooms that have been modified? CHAIRMAN KAUFMAN: That's outside the scope of this. MS. CURLEY: Oh. CHAIRMAN KAUFMAN: This is just this one, okay? MR. AYASUN: If it's just the two rooms, then I second the motion. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have -- you have 90 days. MS. BAEZ: Yeah. CHAIRMAN KAUFMAN: You should have it all done. MS. BAEZ: Yeah. CHAIRMAN KAUFMAN: Collier County will be happy when you have the permits that you applied for for the other rooms, and -- MS. BAEZ: Yes. CHAIRMAN KAUFMAN: -- the world is at peace. MS. BAEZ: Okay. Thank you. CHAIRMAN KAUFMAN: Very good. Thank you very much. MS. BOWMAN: Thank you. CHAIRMAN KAUFMAN: You missed the hard part when January 27, 2022 Page 69 you were gone, Jeff. MR. LETOURNEAU: What was that? CHAIRMAN KAUFMAN: I don't even know. MR. LETOURNEAU: Haggling over the time or -- CHAIRMAN KAUFMAN: You'll have to read the transcript. MR. LETOURNEAU: Okay. All right. MS. BUCHILLON: Next item on the agenda, No. 7, CESD20200005129, Raudel Martinez Valdes. (The speakers were duly sworn and indicated in the affirmative.) MR. SHANAHAN: I do. MR. MARTINEZ: I do. CHAIRMAN KAUFMAN: Okay. So that -- could you state your name on the microphone for us, please. MR. MARTINEZ: Yeah. My name is Raudel Martinez. CHAIRMAN KAUFMAN: Okay. And, William, you're up. MR. SHANAHAN: All right. Thank you. Good afternoon. For the record, Bill Shanahan, Collier County Code Enforcement. This is in reference to Case No. CESD20200005129 dealing with violations of the Collier County Land Development Code 04-41, as amended, Section 10.02.06, Section B, Subsection 1, Paragraph A, for an enclosed garage, shed on the property, and installing stucco to the house without permits located at 5334 31st Place Southwest, Naples, Florida, 34116. Folio 36436 -- or correction, 34680002. Service was given December 16th, 2020. The case originated as a complaint that the owner had enclosed the garage, built an outdoor kitchen, built a chicken coop, added onto the shed, and built a fence without permits. Conducted my first site visit May 18th, 2020. The chief building official determined on June 29th, 2020, that all improvements required a permit. The owner obtained a permit for the fence that was finaled September 10th, 2020. A permit for January 27, 2022 Page 70 the garage conversion was applied for December 2020. The permit was never issued, and the application expired on October 16th, 2021. A permit to stucco the house was issued on December 28th, 2020. The final inspection was never completed, and the permit expired January 16th, 2022. An application for a permit for the shed was never submitted. The above-ground pool, pigeon coop, and outdoor kitchen have been removed. As of yesterday's site visit, the violations remain, and there are no active permits for the garage conversion, stucco to the house, or shed on the property. CHAIRMAN KAUFMAN: So be particular. Which violations exist today? MR. SHANAHAN: You still have the stucco to the house -- CHAIRMAN KAUFMAN: Okay. MR. SHANAHAN: -- the converted garage, and the shed on the property. CHAIRMAN KAUFMAN: Garage version to what? MR. SHANAHAN: The permit was for a playroom. It was listed as for a playroom. CHAIRMAN KAUFMAN: Is there electrical in it? Plumbing? MR. SHANAHAN: The owner says there's not. I haven't had access to the house, so I couldn't -- I couldn't verify the electric. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I have a question about the stucco. Was it just, like, repairing or a second layer of stucco, or was this new stucco on a new building? MR. SHANAHAN: It looked like new stucco, ma'am. MS. CURLEY: But on the old building? MR. SHANAHAN: Yes, ma'am. MS. CURLEY: Can't you re-stucco without a permit? January 27, 2022 Page 71 MR. SHANAHAN: No. It looked like new stucco. It I'm not -- if I'm not mistaken, it was originally a wood house, or wood siding on the house. MS. CURLEY: I see. MR. SHANAHAN: He made it stucco. MS. CURLEY: Not stucco over stucco? MR. SHANAHAN: Right. CHAIRMAN KAUFMAN: I assume that you may some pictures for us. MR. SHANAHAN: Yes, I do. I'd now like to present case evidence. If I can turn a page here. I can, too, turn a page; I swear. I would now like to present case evidence in the following exhibits: Three photos taken May 18th, 2020; two photos taken November 16th, 2020; and then I've also got photos of two notices that I left on the door asking the owner to call me about the permits February 18th, 2021, and April 20th, 2021. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. SHANAHAN: He was there when I took the photos of the property. He was not there when I left the notices asking him to call me. CHAIRMAN KAUFMAN: Okay. Do you have any objection to the photos, or you haven't seen them? MR. MARTINEZ: I seen them. CHAIRMAN KAUFMAN: You saw them. Do you have any objection? Are they photos -- MR. MARTINEZ: No. CHAIRMAN KAUFMAN: -- of your property? MR. MARTINEZ: Yep. CHAIRMAN KAUFMAN: Okay. We get a motion from the Board to -- January 27, 2022 Page 72 MR. LETOURNEAU: One second. Bill, did you also say the determination? MR. SHANAHAN: Oh, I'm sorry. I do apologize about that. I also have the determination from the chief building official. CHAIRMAN KAUFMAN: Walsh. MR. SHANAHAN: Yeah, Jonathan Walsh on June 29th. That's also in there. And I apologize for that. CHAIRMAN KAUFMAN: Okay. So we have a motion to accept the documentation that you're providing? MS. ELROD: Motion to accept. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. LETOURNEAU: Bill, if you want to just kind of give a little slight narration of each of these pictures. MR. SHANAHAN: Okay. That was during the application of the stucco to the house. You can see where he -- you can see where he's got the new stucco in there, and he's also repairing the place that he did before, excuse me. And that's a photo of the shed. In the rear you can see the chicken coop. I don't know if I've got better picture of the chicken coop. CHAIRMAN KAUFMAN: Chicken coop was removed? January 27, 2022 Page 73 MR. SHANAHAN: Yes. Yes, it was. CHAIRMAN KAUFMAN: Okay. MR. SHANAHAN: All right. That you can get -- you can't see it from here, but the pool was removed, and the outdoor kitchen was also removed within just a couple weeks of me being there. You can see the remains of the chicken coop. It was during him tearing it down. And that's where the outdoor kitchen was. Again, he did take it down, quickly. And the last two are just notices I left saying please call me, I need you to give me an update on the permits or find out what you're doing with the permits. MR. LETOURNEAU: I just want to put up the determination. All right. That's Jonathan Walsh's comments right here. MS. CURLEY: Can someone read those? MR. LETOURNEAU: I can read it. Pool requires a permit, as what is installed is not classified as temporary. Barrier protection may be addressed by fence and residence. Fence required a permit. Alterations to main residence to include outdoor kitchen and stucco modifications need permits. Coop needs a permit. Modifications to shed require a permit, and setbacks may be a concern. Modifications to garage require a permit. As far as indicated, each of these elements will need to be permitted separately. CHAIRMAN KAUFMAN: Okay. If I just went down the list, we can cross off several of those. MR. LETOURNEAU: Yep. Everything but the shed, the garage modification, and -- MR. SHANAHAN: Garage. MR. LETOURNEAU: And -- yeah. CHAIRMAN KAUFMAN: Setbacks -- January 27, 2022 Page 74 MR. LETOURNEAU: And the stucco. CHAIRMAN KAUFMAN: -- is that a concern? MR. SHANAHAN: For me it is. For the building official it was. But he's never submitted a shed application, so that hasn't been addressed now, or as of yet. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Has the shed been there a long time? Are you able to see on the property records if it's -- MR. SHANAHAN: It's difficult to tell from the aerials. I'm not sure when it was built. Due to the vegetation in the aerials, it's really difficult to see. But it becomes obvious when he added the side on the shed and some of the vegetation was removed. Very obvious in the 2020 and 2021 aerials. CHAIRMAN KAUFMAN: Okay. Why don't we ask the respondent. He probably knows. Okay. It's your turn to talk so we can determine whether a violation exists or not. MR. MARTINEZ: Yeah. What he say is right. CHAIRMAN KAUFMAN: Move the microphone up so we can hear you better. Thank you. MR. MARTINEZ: Okay. When I bought the house, that shed was there -- CHAIRMAN KAUFMAN: Okay. MR. MARTINEZ: -- and I didn't know that was without permit. And the garage, I did the -- the enclosed. I will take the permit. I was trying to make the payment. I submitted the payment for the enclosed garage. I didn't continue. I will finish that. And the other thing is -- MR. SHANAHAN: The stucco only requires -- the permits to be reactivated, but then it's just a final inspection. That's the only thing he didn't get. January 27, 2022 Page 75 MR. MARTINEZ: The permit for the stucco, it's already passed. I just have to renew the permit and make somebody -- the last inspection. CHAIRMAN KAUFMAN: Okay. MR. MARTINEZ: That's all. CHAIRMAN KAUFMAN: So let's remove the stucco from our conversation since that's well underway. The major item that's out there will be the shed. MR. LETOURNEAU: And the conversion. CHAIRMAN KAUFMAN: And the conversion. MR. SHANAHAN: The conversion -- the owner says that there's no electrical/plumbing. I'll verify that. But if it is just a child's playroom, it might be resolved quickly, but we don't know if it needs an elevation certificate or site survey or -- CHAIRMAN KAUFMAN: Setbacks. MR. SHANAHAN: -- spot survey, setbacks for the shed. So it will be a little bit complicated. MS. CURLEY: The garage, did it have laundry in the garage? MR. MARTINEZ: Yeah. MS. CURLEY: So you had electric and you had water for those purposes. MR. MARTINEZ: Yeah. MS. CURLEY: So there's no way that you don't have electrical and water in there now. We're asking if you've added any additional electric or water. MR. MARTINEZ: No, I don't did any additional -- MS. CURLEY: So the washer and machine are still there? MR. MARTINEZ: Yeah, just that. He can go to check it if you want. MS. CURLEY: Maybe have him look in there. It would be helpful and make it faster. January 27, 2022 Page 76 MR. MARTINEZ: That's fine. CHAIRMAN KAUFMAN: But before -- let's determine whether a violation exists first. Does anybody want to make a motion to that effect? MS. BOWMAN: I'll make a motion that a violation exists. CHAIRMAN KAUFMAN: We have a motion. MS. ELROD: Second. MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: We have second. MS. CURLEY: So I have a conversation about the garage. How do you know that it's been modified other than the door -- is the door not there? MR. LETOURNEAU: A permit was issued. MR. SHANAHAN: Right, the door's not there, and a permit was issued for the garage conversion. MS. CURLEY: All right. Thank you. I didn't know that. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So a violation exists. And you have a recommendation for the Board. MR. SHANAHAN: Somewhat, sir. CHAIRMAN KAUFMAN: Excuse me. MR. SHANAHAN: Somewhat, sir, yes. January 27, 2022 Page 77 CHAIRMAN KAUFMAN: A somewhat, sir. Okay. MR. SHANAHAN: Waiting on you to determine what we need to do here, so... CHAIRMAN KAUFMAN: Okay. Let me just say one thing to the respondent. The setbacks, whether you bought it and they put that in the setback or not, becomes the responsibility of the person who owns the property now -- MR. MARTINEZ: Okay. CHAIRMAN KAUFMAN: -- even if somebody did something years ago, just so you're aware of that. Okay. MR. SHANAHAN: All right. So the recommendation is 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: Ceasing and desisting the use of the garage as unpermitted living space, disconnecting any altered electrical connections and circuit breaker within X number of days of this hearing, or pay a fine, until the violation is abated. Two, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion or occupancy for unpermitted garage conversion, shed improvements, and stucco to the house within blank days of the hearing, or a fine will be imposed until it's abated. The respondent must notify the code enforcement investigator when the violation has been abated to conduct final inspection to confirm abatement. If the respondent fails to provide [sic] 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 costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. You know what Code January 27, 2022 Page 78 Enforcement is asking for? MR. MARTINEZ: Yeah. CHAIRMAN KAUFMAN: How long do you think it will take you to get this into compliance? MR. MARTINEZ: I was talking to him, and he say me the normal time is four months, but I just want to ask if I can get six months. MS. CURLEY: Only if you call him back when he calls you. MR. MARTINEZ: All right. CHAIRMAN KAUFMAN: Okay. Someone like to take a shot at filling in the blanks? (No response.) CHAIRMAN KAUFMAN: If not, I'll do it. You need to turn the circuit breakers off to the electric that's going to that structure within seven days -- that shouldn't be difficult. Click, right? Okay. So that takes care of that first part -- or if you don't do "click" in seven days, the -- it will be $100 a day until you do shut it off, okay? MR. MARTINEZ: That's fine. CHAIRMAN KAUFMAN: That's number one. Moving down to everything else, 120 days to get everything done -- that's your four months -- or a fine of $200 a day after the four months. So it's important that you get it done. MS. CURLEY: Did you say four or five? CHAIRMAN KAUFMAN: I said four. MR. MARTINEZ: I say six. MS. CURLEY: Just checking. CHAIRMAN KAUFMAN: It's not a negotiation. MS. CURLEY: Five. CHAIRMAN KAUFMAN: Do you think you can get it done in four months, 120 days? January 27, 2022 Page 79 MR. MARTINEZ: If you can give me a little bit more time, it would be better. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: If you give him an extra month, maybe we'll never see him again. CHAIRMAN KAUFMAN: Okay. MR. MARTINEZ: I will try to fix everything quick. CHAIRMAN KAUFMAN: Okay. We'll make it six months then, okay? MR. MARTINEZ: Thanks. CHAIRMAN KAUFMAN: So there's no reason why in the world that you can't get it done by then. Okay. So those are the blanks that I put in there. MS. ELROD: I'll second it. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck on your construction. MR. SHANAHAN: Thank you. CHAIRMAN KAUFMAN: Don't forget to turn the lights off. He'll be over -- MS. CURLEY: Call him when he calls you. MR. MARTINEZ: Okay. Thank you. January 27, 2022 Page 80 CHAIRMAN KAUFMAN: The fees, by the way, before you walk out the door, is 59.28; is that correct, William? MR. SHANAHAN: Yes. MS. ELROD: Thirty days. CHAIRMAN KAUFMAN: Thirty days. MS. BUCHILLON: Next case on the agenda, No. 11, CENA20210010285, Naples ALF, Inc. (The speakers were duly sworn and indicated in the affirmative.) MR. KAMELI: I do. MR. MUCHA: I do. I was just curious if we could take these cases out of order, because I think the second case would make more sense for the first case. CHAIRMAN KAUFMAN: Okay. I'd say that's no problem. Our attorney's going to say you have to change the agenda. Let's modify the agenda so that we hear the case ending in 772 first followed by -- MR. WHITE: Mr. Chairman, the order of presentation is at the discretion of Code Enforcement, the department. So you can hear them when you like. CHAIRMAN KAUFMAN: Fine. Forget that. Moving right along. Let's hear the second case first. MS. BUCHILLON: Okay. That would be No. 12, CENA20210009772. MR. MUCHA: For the record, Supervisor Joseph Mucha, Collier County Code Enforcement. This is in reference to Case CENA20210009772 dealing with violation of Collier County Code of Laws and Ordinances, Chapter 54, Article 6, Sections 54-179 and 54-181, and the Collier County Land Development Code 04-41, as amended, Section 2.02.03. January 27, 2022 Page 81 Violation location is 4599 Tamiami Trail East, Naples, Florida. Folio 394000004. Investigator Collier gave service for the recurring violation on September 30th, 2021. Now I'd like to present facts of the case. In response to a Collier County Sheriff's Office report, a site visit was conducted to the property on September 15th, 2021. During the visit, Investigator Collier, Senior Investigator Jonathan Musse, and myself observed litter, debris, and/or outside storage that consisted of but was not limited to discarded mattresses, furniture, shopping carts, bicycles, bicycle parts, cans, trash, et cetera. While on site, we also observed several tents and tarps being utilized as living space. So this could best be described as a homeless camp. Research revealed that there were three previous cases since 2016 for homeless camps and litter at this location. A notice of violation was prepared for the recurring violation and served by Investigator Collier. On October 1st, 2021, we met with Property Owner Representative David Friedman and representatives from the Collier County Sheriff's Office on site. It was discussed with Mr. Friedman at the time that -- the urgency of getting the property cleaned up and taking preventative measures to keep the homeless from setting up camps on the property. On October 20th, 2021, a conference call was held with Company President Taher -- I hope I don't butcher his name here -- Kameli, Investigator Adam Collier, Investigator -- Investigations Manager Jeff Letourneau, and myself. At that time, Mr. Kameli advised that the litter would be removed by October 30th, 2021. A reinspection was conducted on November 1st, 2021, and a violation remained. Investigator Collier followed up with January 27, 2022 Page 82 Mr. Kameli at that time and advised he was having difficulty finding a contractor to do the job. At that time, the county -- the county's nuisance abatement contractor's information was provided to Mr. Kameli, and some additional time was granted. On December 1st, 2021, after reaching out to Mr. Kameli, Investigator Collier received an email from him stating that they were still working on it and were hoping to resolve the issue that month. With no resolution in place, Investigator Collier elected to prepare the case for a hearing at that time. As of yesterday, a prehearing inspection was scheduled. Inspection revealed that the violation remains. Also at that time Mr. Kameli contacted us to advise that he has engaged a company for the litter removal; however, they would not be able to start until mid-February. At this time I would like to present case evidence in the following exhibits: Three photographs taken by Senior Investigator Jonathan Musse on September 15th, 2021; three photographs taken by Investigator Adam Collier on January 26th, 2022; and one aerial photo from the Collier County Property Appraiser. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection to the photos? MR. KAMELI: No, sir. CHAIRMAN KAUFMAN: Okay. Make a motion from the Board to accept the photos? MS. ELROD: Motion to accept. MR. AYASUN: Second. CHAIRMAN KAUFMAN: And seconded. All those in January 27, 2022 Page 83 favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: The first three photos are from September. MR. MUCHA: We took dozens of photos. I wanted to kind of just give you the highlights of it. CHAIRMAN KAUFMAN: Yes. MR. MUCHA: You can see that's a large pile of trash in the back, and it's just more camps. MR. LETOURNEAU: Here's from a couple days ago. MR. MUCHA: Actually yesterday. MR. LETOURNEAU: Oh, yesterday. MR. MUCHA: And the reason we're kind of, you know, still moving forward with this, even though they've finally, I guess, secured a company, is just because this has been an ongoing issue for years, and Collier County Sheriff's Office has been on top of it because there's been criminal activity back there. And it actually was on the news at one point, too, so it's really kind of a high-pressure issue. CHAIRMAN KAUFMAN: Okay. Now, you said that the owner of the property is Friedman? MR. MUCHA: No, no, no. He's the property manager, I guess. I don't -- I'm not sure exactly if he is a property manager or January 27, 2022 Page 84 property representative, but he was the one that actually met us down at the property. MS. CURLEY: Okay. So this picture here, can you explain that? MR. MUCHA: Yeah. That's the actual property. If you know where Texas Tony's is the East Trail, it's to the right of that and -- MS. CURLEY: So is it assisted living to the left of that, or is that just a piece of vacant land that there's no business on it? MR. MUCHA: There's nothing on there. MS. CURLEY: Oh, it's just owned by this Naples ALF, Inc.? MR. MUCHA: Right. And they're a company, I think, out of Chicago. MS. CURLEY: Oh, I'm sorry. I thought it was, like, a business. MR. RUBENSTEIN: What business is that to the left? MR. MUCHA: That's Texas Tony's. MR. RUBENSTEIN: And the veterinarian's next door. MR. MUCHA: Correct. MS. CURLEY: And is that residential behind it? MR. MUCHA: There's residential behind it, yes, ma'am. MS. CURLEY: Oh, this is terrible. MR. MUCHA: So there's a sense of urgency. CHAIRMAN KAUFMAN: Let me ask a side question. I'll ask Jeff. Ordinarily when we have repeat violations on a property, you bring it before the Nuisance Abatement Board and -- because you could have trash one day, they clean it up, then you have trash another day, recurring occurrences, and the Board at that time will generally do a monetary fine for that violation based on how many times it is. MR. LETOURNEAU: Okay. I think -- the Nuisance January 27, 2022 Page 85 Abatement Board is more for properties that have had -- CHAIRMAN KAUFMAN: Numerous -- MR. LETOURNEAU: -- numerous arrests. MR. MUCHA: Yes. MR. LETOURNEAU: I don't think the Sheriff's Office really felt that this property really rose to that level of a Nuisance Abatement Board. Is that correct, Joe? MR. MUCHA: Correct. MR. LETOURNEAU: So we just -- we went the normal -- there's two nuisance abatements. One is for a criminal activity on a property that the Sheriff's Office want us to take before the Nuisance Abatement Board. This nuisance abatement is just for a litter violation at this point. CHAIRMAN KAUFMAN: But it did mention that there were -- there was criminal activity on the -- MR. MUCHA: In this most recent complaint, that's what started it, because the Sheriff's Office kept having to respond to, you know, these guys, like, fighting back there or whatever they're doing, and that's kind of why it was brought to us again. MR. LETOURNEAU: But I don't think their attorney felt it rose to the level of, you know, convening the Nuisance Abatement Board for this. I think that, along with this case, if the litter's removed and the second case, the exotic vegetation is removed, that will take care of it, because it's going to be all open -- it's going to be all open at that point. CHAIRMAN KAUFMAN: And should it occur in the future, then you would consider that? MR. LETOURNEAU: Definitely, yeah; yep. CHAIRMAN KAUFMAN: Okay. So -- okay. Do you have anything else, Joe? MR. MUCHA: No, that's it. January 27, 2022 Page 86 CHAIRMAN KAUFMAN: Okay. Let's go to the respondent. Your name again on the microphone for us? MR. KAMELI: My name is Deyacco Kameli. I'm the son of Taher Kameli. MR. MUCHA: Okay. Did I butcher his name? MR. KAMELI: Yeah. I'm basically, like, the registered agent on behalf of Naples ALF. I can give you brief back story. I, a couple months ago, with a couple college buddies of mine -- CHAIRMAN KAUFMAN: Pull the microphone up for you. There you go. MR. KAMELI: I, a couple months ago, was assigned with a couple of my college buddies to just go out, check out the litter and maybe clean it up and help. I was very quickly overwhelmed with how much litter there actually was and everything else. So since then I reached back out to my father and explained the seriousness and the urgency regarding this. And I apologize, I do not have a written document, but I do have emails that I'm pretty sure you have on behalf of this one company Cluster Be Gone, and they basically say that if you can give us 60 days, February 15th through the 26th they'll be able to clear out all the litter and then, furthermore, sometime in mid March, I believe the March 14th or the 16th, they'll be able to take out all the exotic vegetation, which would likely keep the homeless people from coming back. CHAIRMAN KAUFMAN: I think part of the county's concern is after you clean it up, they move back in. Is there going to be something that's done to -- before we get there, it's obvious, I think, to the Board that a violation exists. Someone want to make that motion before we go forward? MS. BOWMAN: I make a motion that a violation exists. CHAIRMAN KAUFMAN: We have a motion. January 27, 2022 Page 87 MS. CURLEY: Second. MS. ELROD: I'll second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Let me go back to that. Is there anything that can be done to keep this -- I was going to say to keep it from turning into San Francisco. The pictures here and the pictures in San Francisco look the same to me. What can be done to keep this from happening again? MR. KAMELI: Personally speaking, all that I am aware of in regards to that is that by March when they take out all the exotic vegetation, they shouldn't have this problem, is what they told me. I'm just relaying that information. To answer your question, I personally do not know. MS. BOWMAN: So you think because it won't provide enough cover for them; is that what you're saying? MR. KAMELI: Yeah. MS. CURLEY: So my question is, Cluster Be Gone is a vendor that you're contracted with to remove all the trash, and they're also going to do vegetation permit removal for that? MR. KAMELI: Yes, a couple weeks after -- MS. CURLEY: Is that the right company for them to use to -- MR. MUCHA: I've asked -- I spoke to somebody from that January 27, 2022 Page 88 company. And I don't know if they're necessarily licensed to do exotics, but they said they could subcontract it out if they can't do it. MS. CURLEY: So there's permits that you need to take care of those trees, and so that's -- if you're on -- if you're going to be managing this company, then you should be aware of that. MR. MUCHA: Possibly. Now, if they do it by hand -- MR. LETOURNEAU: Right. If they hand remove the exotics, they won't need a permit. CHAIRMAN KAUFMAN: Only if you use mechanized equipment. MS. CURLEY: He doesn't know that. So he's going to hire a company and then not know that, then he'll be back here being fined because they brought mechanical equipment in there. So best we can do is inform you to know there's a variety of things that you need to be acutely aware of before you send somebody in there to rip it all out. MR. KAMELI: Thank you for informing me. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: Mr. Chairman, I have two questions. CHAIRMAN KAUFMAN: Sure. MR. AYASUN: What does ALF stand for? Assistant -- Assisted Living Facility, Incorporated. MR. KAMELI: Assisted living. I'm not sure. MR. AYASUN: Okay. How are you going to get the people out? As far as I know, they're probably going to sell the land. So I don't think this assisted living facility's ever going to happen. MR. MUCHA: From what I understand, sir, most of the homeless are out of there. I mean, obviously we can't keep them out all the time, but I think -- the majority of them that were there -- because it was a fairly nice little group that was there -- most of them are gone. January 27, 2022 Page 89 MS. CURLEY: They should be paying you rent. I'll fill the blanks in here. CHAIRMAN KAUFMAN: It's not zoned for rentals. MS. CURLEY: I'll fill in the blanks here. MR. KAMELI: Thank you. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So you have 30 days to pay the 59 dollar and -- CHAIRMAN KAUFMAN: Twenty-eight cents. MS. CURLEY: -- twenty-eight cents. And then this paragraph below doesn't give me any options to fill in. Are we just going on that he's, like -- we need for you to provide Joe with a copy of your agreement for the company that you've hired and then follow through with the permits. And you need to be the conduit for that because I don't want to see you back here again. CHAIRMAN KAUFMAN: Let me just -- on the blanks that are here, it says removing all unauthorized accumulation of litter and all other items not permitted for outside storage from the unimproved property within blank days. MS. CURLEY: That's not what I'm looking at up here. CHAIRMAN KAUFMAN: Yeah, it is. It's the second paragraph. Paragraph 1. MR. AYASUN: Paragraph 1. MS. CURLEY: The LED light shines on that screen so you can't see. CHAIRMAN KAUFMAN: Okay. Come over here, and you can -- MS. CURLEY: And that one's too far away. CHAIRMAN KAUFMAN: You can sit down over here at this screen. There we go. Is that better? MS. CURLEY: Oh, okay. So you've already filled in the -- CHAIRMAN KAUFMAN: Right. January 27, 2022 Page 90 MS. CURLEY: Got it. CHAIRMAN KAUFMAN: Let me ask while you're there, how many days do you need to have the litter removed? They said they would be coming third week in February or something? MR. KAMELI: Ideally 60. They said February -- basically mid-February they'll be taking out the litter, and then March 16th, by then they should have all the vegetation out. CHAIRMAN KAUFMAN: So sixty days will do it? MR. KAMELI: Yes. MS. CURLEY: So why didn't you use the vendor that they offered you months ago? Is there any reason? Would your vendor be able to do it faster? MR. MUCHA: I think they didn't like his price, to be honest. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: That's their prerogative. MS. CURLEY: So I'll give you 45 days or a fine of $200 a day. It would be in your best interest to have them there sooner than later. CHAIRMAN KAUFMAN: So that's your motion? MS. CURLEY: Yes. CHAIRMAN KAUFMAN: Okay. Okay. MR. RUBENSTEIN: I'll second that with a question. CHAIRMAN KAUFMAN: What's your question? MR. RUBENSTEIN: What's the county's position, Patrick, if they're out there cleaning up this property and you've got a homeless village, what about the people that are on the property? Are they asked to leave during the cleanup? MR. WHITE: I don't know whether Cluster Be Gone would be charged with that responsibility. It ultimately is the responsibility of the owners. January 27, 2022 Page 91 MR. LETOURNEAU: That would be a Sheriff's Office. We'd have -- try to make sure that, you know, if they had that situation, have the Sheriff's Office available to, you know, assist that contractor. MR. MUCHA: I was going to say, when we met with Mr. Friedman, I believe he signed some sort of trespass agreement. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: So, I mean, obviously you can't monitor the property 24/7. People come and go, but I think, for the most part, if someone's there, the Sheriff's Office can get them. CHAIRMAN KAUFMAN: Let me read the last paragraph before we vote on the motion. The respondent must notify code enforcement 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. The recommendation does not say "homeless people." It doesn't reference them at all, okay. MR. LETOURNEAU: Correct. Code Enforcement doesn't have the jurisdiction to remove homeless people from the property. CHAIRMAN KAUFMAN: I understand. I understand. Okay. So that's the end of your motion. I just read it for you, okay? MS. CURLEY: Sure. CHAIRMAN KAUFMAN: Okay. So we have a motion. MR. AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? MS. ELROD: Why not give them enough time to get it done? January 27, 2022 Page 92 Why are you saying 45 days? MR. WHITE: Just point of order. CHAIRMAN KAUFMAN: Yes. MR. WHITE: The 45 days should be sufficient for this aspect of the removal by Cluster Be Gone, because they said they would do that within 30. The next case is the one I believe that may need 60. MS. ELROD: Okay. CHAIRMAN KAUFMAN: Okay. So we have a motion. We have a second. Any other discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. One done. One to go. MR. MUCHA: All right. CHAIRMAN KAUFMAN: Joe, you want to tackle the case number ending in 285? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Don't go away. (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: I do. MR. KAMELI: I do. CHAIRMAN KAUFMAN: It wears off after one case. MR. KAMELI: I got too eager. January 27, 2022 Page 93 CHAIRMAN KAUFMAN: There you go. MR. MUCHA: For the record, Supervisor Joseph Mucha, Collier County Code Enforcement. This is in reference to Case No. CENA20210010285 dealing with a violation of the Collier County Code of Laws and Ordinances, Chapter 54, Article 6 Section 54-185(d), prohibited exotics on an unimproved lot located within 200 foot of an improved property. Violation location is 4599 Tamiami Trail East, Naples. Folio 394000004. Investigator Adam Collier gave service for the notice -- for the violation on October 12th, 2021. Case details: On October 4th, 2021, in response to Case CENA20210009772, a case was opened to investigate prohibited exotics at the previously mentioned address. A site visit was done by Investigator Collier where he photographed alleged prohibited exotics, and an environmental determination was prepared. On October 11th, 2021, Investigator Adam Collier received the results of the environmental determination, and the determination revealed that a violation of prohibited exotics did exist due to the presence of Brazilian pepper, earleaf acacia, and air potato on the property. On October 20th, 2021, a conference call was held with company president Taher Kameli, Investigator Adam Collier, Investigator/Manager Jeff Letourneau, and myself. Mr. Kameli requested an extension of time. The extension was granted with a new compliance date of November 30th, 2021. On December 1st, 2021, after reaching out to Mr. Kameli, Investigator Collier received an email from him stating they were still working on it and were hoping to resolve the issue that month. With no resolution in place, Investigator Collier elected to prepare the case for hearing at that time. January 27, 2022 Page 94 As of yesterday, a prehearing inspection conducted by Investigator Collier and a violation remains. Mr. Kameli contacted us yesterday to advise that he's engaged a company for the exotic removal; however, they will not be able to start until March 2022. At this time, I'd like to present case evidence in the following exhibits: I have four photographs taken by Investigator Adam Collier taken on October 4th, 2021; four photographs taken by Investigator Adam Collier on January 26th, 2022; and one aerial photo from the Collier County Property Appraiser. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection? MR. KAMELI: (Shakes head.) CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos. MS. ELROD: Motion to accept the photos. MR. AYASUN: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. LETOURNEAU: That's earleaf acacia. January 27, 2022 Page 95 CHAIRMAN KAUFMAN: Looks like a tree, okay. MR. LETOURNEAU: These are all the October photos, the first four. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: How big's the parcel? MR. MUCHA: It's pretty big. How many acres is it? CHAIRMAN KAUFMAN: It's an odd shape. It's probably an acre and a half or so. MR. MUCHA: Yeah. Up to two acres, maybe. MR. LETOURNEAU: There's the Brazilian pepper. More earleaf. Okay. These are going to be yesterday's photos. MR. MUCHA: So, essentially, because of the issues from the past, that's when we said, you know what, let's remove the exotics from the property. Then that way these guys can't be concealed anymore, so that's why this was started. MS. CURLEY: So do you have a permit for that -- does your father have a permit -- I mean, a survey? Because he'll need a survey for them to clear that. MR. KAMELI: I'm unaware of this, to be honest with you. MS. CURLEY: So that's -- you need to be more aware of what you need, because if they stated that they could start in March and you don't have a survey, and you don't have it posted, the company won't be able to do their job. So you're going to create more problems for yourself. CHAIRMAN KAUFMAN: Okay. I'll wait till you get done with the photos. Are you done? MS. CURLEY: Did you bring the bid from Cluster Be Gone for your estimates? CHAIRMAN KAUFMAN: You're putting the horse before the cart. Let's do this in order. January 27, 2022 Page 96 Okay. Does anybody from the Board want to make a motion that a violation exists? MR. LETOURNEAU: Does he have anything to say or -- CHAIRMAN KAUFMAN: What? MR. KAMELI: May I answer her? CHAIRMAN KAUFMAN: Go ahead. MR. KAMELI: So I personally do not have any, like, documents with me, but Adam, Mr. Collier, has basically emails back and forth, especially from Cluster Be Gone, like written proof. I'm not sure if that's the documents you want, but that's -- MR. MUCHA: I spoke to the guy from Cluster Be Gone as well. So he's aware that if he can't do it himself, he needs to subcontract it out, and I told him about the possibility of permits if you use machinery, and, you know -- but I think if they clear by hand, I don't think a permits required. CHAIRMAN KAUFMAN: That's correct. MR. MUCHA: But it is a lot, though, to clear by hand, so they probably need a permit. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: I'll make a motion that a violation exists. CHAIRMAN KAUFMAN: We have a motion that a violation exists. Do we have a second? MS. ELROD: Second. MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. January 27, 2022 Page 97 CHAIRMAN KAUFMAN: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And, Joe, you have a recommendation for us? MR. MUCHA: Yes, sir. To pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and to abate all violations by obtaining all required Collier County approvals and permits to remove all Collier County prohibited exotic vegetation that exists within a 200-foot radius of any abutting improved property within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated. Two, 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: I have one question. Two hundred feet radius of any abutting improved property. Is there anything 200 feet away from this? MR. MUCHA: You've got all that residential behind there. CHAIRMAN KAUFMAN: Yeah. I just don't know on the scale what's 200 feet here, so... MS. CURLEY: Across the street works. It's all within that radius. CHAIRMAN KAUFMAN: Okay. January 27, 2022 Page 98 MR. MUCHA: I mean, probably Texas Tony's is. MS. CURLEY: That retention pond is part of somebody's something. MR. RUBENSTEIN: I'd like to make a motion to fill in the blanks. CHAIRMAN KAUFMAN: Okay. All right, Lee. MR. RUBENSTEIN: Forty-five days and $200 per day thereafter and plus the 59 and change. CHAIRMAN KAUFMAN: Let me -- MS. CURLEY: Do you want to amend that to 60? CHAIRMAN KAUFMAN: Yeah. What's the time frame that your contractor said he can take care of it in? MR. KAMELI: For the exotics, it's like March 14th or March 16th, one of the two. CHAIRMAN KAUFMAN: Okay. So -- MS. CURLEY: Seventy-five days. CHAIRMAN KAUFMAN: So this is -- January, February, March. Sixty days. MR. RUBENSTEIN: Let's go 60 days and 200. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? MS. ELROD: Let him know that if it's not going to be done before that time frame, you can come back and ask for more time so the fines don't incur. MR. RUBENSTEIN: Before we vote -- CHAIRMAN KAUFMAN: Yes. MR. RUBENSTEIN: -- Mr. Chairman, I have a comment. I've seen this mess that's there. I was at the restaurant last week when the sheriff was there removing the residents from the shrubs, January 27, 2022 Page 99 and it was not a pretty sight. MR. KAMELI: I would agree with you. MR. RUBENSTEIN: Okay. It's embarrassing. It's a terrible eyesore on a major road in our county, and I think it behooves you to get with the owners to get this done much sooner than later. MS. CURLEY: I also have a comment similar to yours. It seems like you're here, and we appreciate you showing up on behalf of your father, but we would like for him to be involved to make sure that he follows this through with the county. MR. KAMELI: Yes, ma'am. MS. CURLEY: Thank you. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck to you. MR. KAMELI: Thank you, sir. MR. WHITE: Thanks for being here. MR. KAMELI: Thank you, I appreciate it. MS. BUCHILLON: Next item on the agenda, No. 15, CESD20210008625, A & T Investment Team, LLC. (The speakers were duly sworn and indicated in the affirmative.) MR. BARROSO: I do. MR. MIGAL: I do. January 27, 2022 Page 100 CHAIRMAN KAUFMAN: Good morning. I don't remember seeing you around. MR. MIGAL: Well, this is my first time in front of the Board presenting. CHAIRMAN KAUFMAN: What a coincidence. Well, welcome. MR. MIGAL: Thank you. Thank you. CHAIRMAN KAUFMAN: We'll let you start things off. MR. MIGAL: Good morning. For the record, Ricky Migal, Collier County Code Enforcement. This is in reference to Case No. CESD20210008625 dealing with violations of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e) located at 120 25th Street Northwest, Naples, Florida, 34120. Folio 36868040001. Service was given on September 7th, 2021. On August 11th, 2021, I responded to a complaint for unpermitted clearing of vegetation and was escorted to the rear of the property by the owner, Teresita Barroso. Observed a large open area behind the house that appeared to have been previously cleared. I compared Property Appraiser aerials from 2019 and 2021 that confirmed that a large area of vegetation was removed. I researched for vegetation removal permits and found none on CityView. Per Collier County Land Development Code, permits are required. The property owner is working with an architect to develop plans to build a large, detached garage, a recreation area with parking to utilize the clearing; however, these plans have been delayed. As of yesterday's site visit, no permit application has been submitted, and the clearing has not been approved. I would now like to present case evidence in the following January 27, 2022 Page 101 exhibits: Three photos taken by myself on August 11th, 2021; three photos taken by myself on January 26th, 2022; two Collier County Property Appraiser aerials years 2019 and 2021, and an aerial map outlining the cleared area on the property. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. MIGAL: He has. CHAIRMAN KAUFMAN: Do you have any objection to the photos? MR. BARROSO: No objections. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Motion to accept the photos. CHAIRMAN KAUFMAN: We have a motion -- MR. AYASUN: Second. CHAIRMAN KAUFMAN: -- and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. MIGAL: Okay. MR. LETOURNEAU: The first three are from August. Second three are from yesterday, correct? MR. MIGAL: Correct. CHAIRMAN KAUFMAN: Do you want to see the photos January 27, 2022 Page 102 here? MR. LETOURNEAU: Oh, my bad. I'm seeing them. Nobody else is, though. CHAIRMAN KAUFMAN: Well, I'm glad. MR. LETOURNEAU: Okay. MR. MIGAL: There we go. MR. LETOURNEAU: Okay. Here we go. MR. MIGAL: So this was taken from the south side of the property in, basically, a panoramic view left to right -- right to left, excuse me, to show the scope of the vegetation removal. CHAIRMAN KAUFMAN: How large a parcel is this? It looks like 660 feet -- is this in the estates? MR. BARROSO: Yes. MR. MIGAL: It's a five-acre. CHAIRMAN KAUFMAN: Five acre, so it's 330 by 660. MS. CURLEY: What's that orange thing in the first picture? CHAIRMAN KAUFMAN: Looks like a vehicle. MR. MIGAL: Yeah, that's -- CHAIRMAN KAUFMAN: Truck. MR. MIGAL: These are vehicles that are, as I'm told by the property owners, owned by the current renter on the property. CHAIRMAN KAUFMAN: Dump truck. Is there a dwelling on this property? MR. MIGAL: There is. As you'll see in the next picture, I did catch the house in the pictures I took yesterday. CHAIRMAN KAUFMAN: Okay. MR. MIGAL: So -- MS. CURLEY: What's that? MR. MIGAL: So that -- well, that's a bobcat, and there's some fill on the property at this point. There's your house. I took the pictures from yesterday from the north side of the property panoramic January 27, 2022 Page 103 left to right again to just show a different perspective of it. MS. CURLEY: So what's the gravel? Is it gravel near the house like they're putting in the driveway or -- MR. MIGAL: They are building a driveway. They have a permit for the driveway, and the gravel is part of that process, and the respondent can maybe add to that. MR. LETOURNEAU: Here comes the aerials. MR. MIGAL: So that's the 2019 aerial showing -- or not showing the vegetation removal. And here's the 2021 aerial showing the removal, and you can see along the south side of the property the beginnings of the driveway that they were working on. And this is the aerial showing the amount of total clearing on the property, which would be -- include the one acre that they were given for the house itself and then the additional that was done on the back -- in the back. CHAIRMAN KAUFMAN: So the clearing exceeds the one acre? MR. MIGAL: We estimate it to be about 2.75 acres, yeah. CHAIRMAN KAUFMAN: Okay. And if you have a permit to put up a house, you get, automatic, one acre ability to clear property, okay. MR. LETOURNEAU: So they're about 1.7 acres over their limit at this point; is that correct? MR. MIGAL: 1.75 estimated. MR. LETOURNEAU: All right. CHAIRMAN KAUFMAN: Was it cleared by hand or by equipment, heavy equipment? MR. MIGAL: I can't answer that. CHAIRMAN KAUFMAN: Okay. We'll ask the respondent. MS. CURLEY: And the complaint came from a neighbor. MR. MIGAL: It was an AIMS case, so it was an anonymous January 27, 2022 Page 104 complaint, if I recall. MR. LETOURNEAU: It came through the commissioners' office. CHAIRMAN KAUFMAN: Okay. There are no anonymous complaints other than the commissioners. MR. LETOURNEAU: This probably came in before the new state law. CHAIRMAN KAUFMAN: Right. Any other photos, Jeff? MR. LETOURNEAU: That's it. CHAIRMAN KAUFMAN: Okay. Sir? MR. BARROSO: Hi. Good afternoon. CHAIRMAN KAUFMAN: Good afternoon. Can you put your name on the microphone for us. MR. BARROSO: My name is Antonio. CHAIRMAN KAUFMAN: Okay, Antonio. THE COURT REPORTER: Your last name? MR. BARROSO: Barroso, B-a-r-r-o-s-o. CHAIRMAN KAUFMAN: And you're the owner of the property? MR. BARROSO: I am not the owner of the property. My name's Antonio. I'm here with Pelican Harbor. I'm the owner. Pelican Harbor Homes will be the company who's going to be building this detached garage and CrossFit court. CHAIRMAN KAUFMAN: Do you have the permission of the owner of the property to testify in his behalf? MR. BARROSO: Yes, I do. CHAIRMAN KAUFMAN: Okay. How long has this property been owned by the -- MR. BARROSO: I believe 2012, I think. CHAIRMAN KAUFMAN: Okay. Long time. MR. BARROSO: Yeah. January 27, 2022 Page 105 CHAIRMAN KAUFMAN: Okay. MR. BARROSO: So the reason I'm here today is because I want to ask for an extension of 18 months to be able to build this detached garage and a CrossFit court. I have septic plans, I have a site survey, and I have building plans to move forward with this project. Now, the reason I'm asking for 18 months is because of the situation we're here. Building materials are taking forever. I'm waiting for a response from Collier County to get approval for a permit. I need building block. I need trusses. I need a lot of things. And, unfortunately, the way things are today, things are taking a little longer than anticipated. MS. CURLEY: Are you building a garage with living area also, so -- MR. BARROSO: Not living area, but just area under air. I have building plans here in front. MS. CURLEY: So there will be a -- MS. BOWMAN: Office? CHAIRMAN KAUFMAN: That's beside the point. The point of the case is that there was vegetation removed in excess of what is permitted. MR. BARROSO: Correct. CHAIRMAN KAUFMAN: That's the case that we have before us. MS. CURLEY: Okay. So then if he builds accessory structure, does he get another acre of free clearing? MR. MIGAL: It depends on the size of the structure, and that would be based on -- that would be permitting that would give him -- MR. LETOURNEAU: Whatever he chooses to eventually build here would alleviate some or all of the violation. That would be up to the Zoning department after he built it to make a January 27, 2022 Page 106 determination whether that's sufficient to alleviate the violation. CHAIRMAN KAUFMAN: Okay. Kathy, you had a comment? MS. ELROD: I wanted to know how much acreage he would be allowed, because if he puts the permit in, that alleviates this violation. MS. CURLEY: That's what I just asked. CHAIRMAN KAUFMAN: Hold on one second. You have -- you can do one acre, my understanding, correct me if I'm wrong, Jeff. You have a structure, you're allowed to clear acre -- MR. LETOURNEAU: For the primary structure -- CHAIRMAN KAUFMAN: -- on the building permit. MR. LETOURNEAU: -- yes. CHAIRMAN KAUFMAN: That's it. So anything in excess of the one acre is a violation. If you do another permit that specifies something different, that's another story, so -- but in the meantime, it appears based on this we need to determine whether a violation exists or not. MS. CURLEY: I make a motion a violation exists. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and second that a violation exists. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. January 27, 2022 Page 107 Okay. Now we can talk about the details. They've owned this since 2012? MR. BARROSO: I believe. CHAIRMAN KAUFMAN: Do you know how the vegetation was removed, when it was removed? MR. BARROSO: Via bobcat about a year ago. CHAIRMAN KAUFMAN: Okay. So that's -- when you use mechanical equipment and you clear more than an acre -- well, actually if you clear anything with mechanical equipment, I believe you need a permit. Jeff? MR. LETOURNEAU: Yeah, that's correct; however, a building permit would alleviate it if he did get this approved. CHAIRMAN KAUFMAN: Right. You can get a clearing permit. That's another story. MR. LETOURNEAU: You could, but it would be -- it would be more difficult. A building permit would be easier to facilitate the removal of that vegetation. CHAIRMAN KAUFMAN: Okay. So my concern on this is that it was a violation, and the only thing -- it doesn't make any sense to me, obviously, to start planting the vegetation back when you're going to take it out to build a structure. MR. LETOURNEAU: Correct. MS. CURLEY: Unless it caused erosions to the neighboring properties. CHAIRMAN KAUFMAN: Well -- MS. CURLEY: I mean, if the home is used as a rental home and they're building this garage for who, another family to move in? You're going to have multiple families. Are you putting those big trucks in there? Are those trucks a business? Are you storing landscape -- or truck business on there where it's not supposed to? I mean, there's a whole lot going on here, and it's just a little steam January 27, 2022 Page 108 right now. CHAIRMAN KAUFMAN: All valid questions. MR. BARROSO: So those trucks are being removed as we speak. As you can see in the pictures from yesterday, those trucks are not in anymore. The purpose of this detached garage is for future and for whoever rents the house to use it as well as storage and just places to keep the lawnmower, et cetera. I have the building plans in front of me, and you can clearly see the idea behind the structure. MS. CURLEY: So when is the permit going to be applied for? MR. BARROSO: So right now I have all required documentation in order to file for permitting. So as soon as Collier County approves everything, we should be ready to rock and roll. CHAIRMAN KAUFMAN: Okay. MR. BARROSO: The only issue that we really have is just the construction industry, how it is right now. Things are taking forever. Just to get an estimate on trusses, we're looking at six weeks. Just to get trusses, we're looking at four weeks. MS. CURLEY: So this -- we're only asking you to get a permit. MR. BARROSO: Correct. MS. CURLEY: Once you get the permit, we don't want to see you anymore. MR. BARROSO: Perfect, okay. MS. CURLEY: Okay? So we don't care about trusses and all that. Then you deal with the Building Department. But that's important, or you're going to have liens on your property now, and that's going to come into play when you need a loan on that or you need to get paid by the owners. MR. BARROSO: Okay. CHAIRMAN KAUFMAN: Jeff, you wanted to say something? January 27, 2022 Page 109 MR. LETOURNEAU: Just to reiterate that the permit might alleviate the violation. He's got to mitigate that 1.7 acres. He's above the one acre. So whether or not that permit does it, I don't know at this point. If it doesn't, he'd have to building something else or plant -- put some plantings in to come up with that 1.7 acres. How he does it, though, that's their decision, yes. CHAIRMAN KAUFMAN: Yeah. So the solution to this would be to grant enough time for him to pull a permit and, based on what permit is pulled and what the county allows, to come back and say this is what we've done and go from there. MR. LETOURNEAU: Correct. You know, obviously, they need to coordinate with the Zoning Department to ensure that whatever they're getting permitted right now alleviates this particular violation. MS. CURLEY: Well, if not, let me ask you, so you got a permit, and then they already know what's going on, the Permitting Department. Do they then make his landscape plan or whatever you call that, do they then make it to rebuild, or is that not their job? MR. LETOURNEAU: The permit has not been applied for yet, so the county doesn't even know what the -- MR. BARROSO: Correct. MR. LETOURNEAU: At this point nobody in the county knows how they're going to go about alleviating this. MR. BARROSO: So in order for me to get a permit, I have to submit this whole packet that I have in front of me, and that's probably going to take three to four months just to get a permit number. As soon as I have a permit number, I'm ready to start building. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So is there also landscaping design and tree planting, all that in there? January 27, 2022 Page 110 MR. BARROSO: As of right now there's not. I have septic tank plans, and I have a site plan. MS. CURLEY: So your permit will probably get rejected. MR. LETOURNEAU: I think the county doesn't look favorably on 18 months. I think that in the past on something like this you guys have done a little bit lesser time and then, you know, maybe six months, he comes back and gives a progress report, and at that point, depending on what he says, maybe some more time could be granted at that point. I don't know. You know, it's up to you, but 18 months to the -- in the county's eyes seems like a long time. MR. BARROSO: Well, 18 months is just due to the situation we're in today, and that's just to build the building itself. CHAIRMAN KAUFMAN: Okay. Lee. MR. BARROSO: I believe four months is good enough to get a permitting from Collier County. CHAIRMAN KAUFMAN: Okay. MR. WHITE: And, Mr. Chairman, the same may be true if, as an alternative to applying for a building permit, they went in for a vegetation removal and site filling permit, which could also abate the violation. CHAIRMAN KAUFMAN: Okay. That's wise advice that -- MS. CURLEY: He's a builder, so he's not going to do that. I mean, if the owner was here, we could talk to the owner about it. CHAIRMAN KAUFMAN: Yes, Lee. MR. RUBENSTEIN: I hear what you're saying, and I know there's big delays on getting permits and building materials and all that but, Mr. Chairman, we're dealing with something that was done prior to all his building plans and all that, and I think we should move forward with the violation strictly. CHAIRMAN KAUFMAN: Okay. Well, that's what we are -- MS. CURLEY: I'll fill in the blanks. Ninety days or $200. January 27, 2022 Page 111 MR. RUBENSTEIN: Well, but not tying in with the if come [sic] on the building permit -- hold on. MS. CURLEY: You're not speaking -- MR. RUBENSTEIN: Let me finish, please. That the violation really has nothing to do with his building. That could never happen, but the violation has happened. CHAIRMAN KAUFMAN: Yes. MR. RUBENSTEIN: So I'm just recommending that we deal with the violation. If he's able to get his permits and all that, fine, but if it's not, I think we should deal with what's here, what he was brought here for. MS. CURLEY: What are you saying? MR. RUBENSTEIN: What I'm saying is let's just deal with that he cleared the land without a permit. MS. CURLEY: Okay. So let me -- MR. RUBENSTEIN: If he goes and gets a permit to build and he qualifies for the percentage that's allowed, great. MS. CURLEY: Okay. So let me refresh your memory. He didn't do anything. He's a contractor. The owner's not here. So we can't ask him all sorts of questions. So all we can do is take the information from him and make a ruling. MR. RUBENSTEIN: No, he's -- the Chairman asked him if he's here representing the owner. He said yes. Correct? MR. BARROSO: Correct. I am here representing the owner. MR. RUBENSTEIN: So he can make a decision for the land. MR. BARROSO: So, Mr. Chairman, moving forward, how do we -- dealing with the violation, what do we have in front of us? CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I'll make a motion to fill in the blanks. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Could I offer one suggestion, Mr. Chairman? January 27, 2022 Page 112 In addition to the county's recommendation in the first line where it says obtaining all Collier County approved, if we simply add vegetation removal and/or mitigation plans, I believe that covers the entire set of options they would have to abate it. CHAIRMAN KAUFMAN: Is mitigation and vegetation interchangeable? MR. LETOURNEAU: No. Vegetation removal is different from mitigation plans. The vegetation removal would be you get the permit for the removal of the vegetation that's already gone and go on your merry way. The mitigation plans would be you've got to do a certain amount of plantings to repopulate with vegetation the entire area. CHAIRMAN KAUFMAN: Okay. I think that's an excellent suggestion to add. MS. CURLEY: But, you know, here's the deal. The violation is clearing. We really don't care what this guy does as long as he fixes it. CHAIRMAN KAUFMAN: I agree with you. MS. CURLEY: So why -- CHAIRMAN KAUFMAN: And that's -- and that's what the recommendation from the county is. If you want to fill out the blanks here -- MS. CURLEY: I did, but 90 percent of the time when we do this, the permits never get approved, and then they're back here. So I try and fill these in so we don't see you again, but we see you again. We're not going to see you; we're going to see the owner next time. So I said, I'll give you 90 days or $200 fine. Get your permit in -- MR. RUBENSTEIN: Well, 90 days -- MS. CURLEY: Or get -- listen. Get the permit in or have your owner put in something that will pacify the violation he made. January 27, 2022 Page 113 Go out and plant some trees; call somebody who's supposed to tell you how to do that. Put the trees back in order, and we won't have anything to do with you. You can go build on their property, and we won't be in your business. MR. BARROSO: So you want me to plant trees -- MR. WHITE: To then remove them. MR. BARROSO: -- to then take away the trees to build this -- MS. CURLEY: No. CHAIRMAN KAUFMAN: Time out. Time out. We don't tell him what to do. MS. CURLEY: He's not the owner. CHAIRMAN KAUFMAN: Hold on. He's going to obey the order here. It's going to say what is required, and it's going to have a time frame on it, specifically what happens. What color trees you plant or anything else doesn't come into play now. I agree with the adding of the vegetation so they can, in whatever days it is, have the ability to come into compliance. If that takes pulling another permit, if it takes adding more vegetation, whatever it takes. MR. WHITE: There you go. CHAIRMAN KAUFMAN: So I think we're trying to make more out of this than is here, so... MS. CURLEY: Well, when you strip five acres of 2.7 acres of trees, it's offensive to the neighbors. It causes erosion. There's a lot that happens there. So to say we're going to throw a garage in the back and everything's going to be okay in 18 months isn't a great recommendation. CHAIRMAN KAUFMAN: I'm not talking about that. I'm talking about resolving the violation that we have before us. MS. CURLEY: Right. So I said, I'll fill in the blanks. Ninety days -- January 27, 2022 Page 114 CHAIRMAN KAUFMAN: Okay. That's your -- MS. CURLEY: -- $200 fine. CHAIRMAN KAUFMAN: Okay. That's your motion? MS. CURLEY: That -- I don't care about permits. I don't care about anything. I care about fixing the problem at hand, which is the clearing of vegetation illegally. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. WHITE: I don't want to belabor the point, but if the order fails to identify the means by which the respondent can abate the violation, I'm not sure that it's legally sufficient. I'll prepare whatever order the Board approves. CHAIRMAN KAUFMAN: Well, using the language that Jeff proposed, obtaining all required Collier County approved vegetation and/or mitigation plans, building permits, et cetera, I think that answers the question. How they do it is not our concern. We don't have to spell that out. If they pull a permit and it's now in compliance, this code case goes away. MR. WHITE: Let me simply state that if you use the recommendation as proposed to be modified as the form of the motion and it's for 90 days, $200, that is legally sufficient, in my opinion. CHAIRMAN KAUFMAN: Okay. Is that what -- well, that's what you said. MS. CURLEY: That's what I said 10 minutes ago. CHAIRMAN KAUFMAN: Ninety days. Okay. So we have a motion. Do we have a second? MS. BOWMAN: Second. CHAIRMAN KAUFMAN: Second. MS. ELROD: I don't believe there's enough time for him to get January 27, 2022 Page 115 the permits. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: We don't care about that. CHAIRMAN KAUFMAN: All those in favor? MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Aye. MR. RUBENSTEIN: Nay. MR. AYASUN: Nay. CHAIRMAN KAUFMAN: Okay. So the motion fails. Now, I suggest that we increase the amount of time to be more reasonable to meet your thought of keeping the respondent not -- MS. CURLEY: And the county, because Jeff even said he doesn't agree with giving them a bunch of time. MR. LETOURNEAU: I believe I said 18 months was too much. CHAIRMAN KAUFMAN: Eight months, yeah. MS. BOWMAN: And I recommended 16 months. MR. BARROSO: Well, the 18 months is to build the building itself. So that's out of the picture -- (Simultaneous crosstalk.) CHAIRMAN KAUFMAN: I'm just talking about this right here. MR. BARROSO: Let's talk about the vegetation. If you give me 120 days to plant trees, I can get that done. But in the meantime, while those 120 days are going, I can already get this filed in with the county, which pushes away the violation. MR. WHITE: Perhaps. MR. LETOURNEAU: I think what I said, though, sir, is 18 January 27, 2022 Page 116 months is, in the county's eyes, too much. Obviously, they can vote on it. If they give you a six-month time period, you or the property owner comes back and gives a report and you've made good progress at that point, I do believe the Board, being a fair board, would probably grant you some more time at that point. This is just kind of all to hold your feet to the fire and show us the progress reports. CHAIRMAN KAUFMAN: Okay. Would somebody like to propose a motion since the last one failed? MS. ELROD: I'll do it. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Okay. The 59.28 within 30 days, and then six months or a fine of $200 a day. CHAIRMAN KAUFMAN: Okay. That's your motion? MS. ELROD: That's my motion. CHAIRMAN KAUFMAN: Do we have a second? (No response.) CHAIRMAN KAUFMAN: I'll second it. Okay. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? Come on. MS. CURLEY: I voted yes. CHAIRMAN KAUFMAN: Okay. So you have six months. MR. BARROSO: I have six months to plant vegetation and to -- CHAIRMAN KAUFMAN: You have six months to come into January 27, 2022 Page 117 compliance with the order. MR. BARROSO: With the order. CHAIRMAN KAUFMAN: How you do it -- MS. CURLEY: Let him go to the county and figure it out. CHAIRMAN KAUFMAN: Whatever is it you think is best, do that. But then after six months, I'm sure your building won't be built. Come back to the Board and say, listen, I did all the plans, I have all the permits, et cetera, we looked at the 1.7 acres that was cleared in error, and this is how we're resolving that by planting something or whatever it is, okay? MR. BARROSO: Sounds fair. CHAIRMAN KAUFMAN: Okay. Thank you. MR. BARROSO: Thank you. MS. ELROD: Sir, you don't have to plant -- if the permits take up enough of the space, you won't have to plant plants. MR. BARROSO: Okay. CHAIRMAN KAUFMAN: Whether it comes back or not, that's up to code, not us. MR. BARROSO: Thank you. CHAIRMAN KAUFMAN: Ricky, good start. Trouble maker. Helen. MS. BUCHILLON: Yes, sir. Next item on the agenda, under old business, motion for imposition of fines, Number 1, CEVR20190003792, Capri K TIC, LLC, and Capri W TIC, LLC. (The speakers were duly sworn and indicated in the affirmative.) MS. PULSE: I do. MS. RENHEFO: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MS. RENHEFO: Victoria Renhefo (phonetic). CHAIRMAN KAUFMAN: Dee, do you want to read this into January 27, 2022 Page 118 the record for us? MS. PULSE: Okay. For the record, Dee Pulse, Collier County Code Enforcement investigator. This is a violation of a required east boundary buffer Type A for Villas of Capri is not conforming to approved SDP PUD 94-123. Past orders: On March 25th, 2021, 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 violations. See the attached order of the Board, OR5933, Page 2471, for more information. The violation has been abated as of December 6th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $300 per day for the period from July 24th, 2021, to December 6th, 2021, 136 days, for a total fine amount of $40,000 -- $40,800. Previously assessed operational costs have been paid. Operational costs for today's hearing, $59.28. Total amount, $40,859.28. CHAIRMAN KAUFMAN: Okay. Your turn. MS. CURLEY: I have a question for the county first. I don't see where there's a stipulation here. Was there not one? Was this a case we heard in the -- and nobody was here for it, so we just -- MS. PULSE: She's always been a part of the processes. MS. CURLEY: All right. I just was looking for a stipulation dated July 24th. That would have expired July 24th, and I don't see one. CHAIRMAN KAUFMAN: You've had no problem contacting the respondent and them working with you? MS. PULSE: Absolutely no problem. CHAIRMAN KAUFMAN: Okay. And you're here to ask for the fines to be abated? January 27, 2022 Page 119 MS. RENHEFO: Yes. CHAIRMAN KAUFMAN: Okay. MS. ELROD: I'll make a motion to deny the county the imposition of fines. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: I'll second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? MS. CURLEY: My only discussion is when did the fines start accruing? Because I don't see any documentation that allows that. CHAIRMAN KAUFMAN: Well, if the motion passes, there is no -- other than what's on the sheet from July 24th to date. MS. CURLEY: Well... CHAIRMAN KAUFMAN: Here. Here. MS. CURLEY: I see it. I have it right here. But I don't see anything that starts and ends fines July 24th, and $300 a day is a number we wouldn't normally ever assign. So I'm wondering who assigned this fine. MR. LETOURNEAU: Helen, do you have the order? MS. BUCHILLON: Yes. MR. LETOURNEAU: Okay. MS. BUCHILLON: It should be on the packet. Inside on the computer. MR. LETOURNEAU: Can you put it up? MS. BUCHILLON: Yes, of course. MS. CURLEY: I mean, for us to ask for $300-a-day fine would have been something that -- MS. BUCHILLON: Do you want the first page or the second page? MR. LETOURNEAU: Whatever date shows the compliance date on it. January 27, 2022 Page 120 CHAIRMAN KAUFMAN: It wasn't me. MS. BOWMAN: They're talking about the stipulation, not the -- MS. CURLEY: I don't see anything that ended the time, July 24th, which the fines started on the 24th. MR. LETOURNEAU: Right there, No. B before July 23rd, 2021, for a fine of $300 per day will be imposed for each day. MS. CURLEY: So what day -- how long was the timeline? CHAIRMAN KAUFMAN: Till December 6th, 2021. MS. CURLEY: No, no. The stipulation. When did it start? When was it signed? MR. WHITE: The order is what's binding. MS. CURLEY: March 25th, 2021. (Simultaneous crosstalk.) MS. CURLEY: So we gave them four months. MR. RUBENSTEIN: Was there a second? CHAIRMAN KAUFMAN: Yeah. MS. CURLEY: And this a conversation on the motion. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So we gave them four months, and it took six more. MR. LETOURNEAU: Where's the December 6th date on that? CHAIRMAN KAUFMAN: It says that the violation has been abated as of December 6th, 2021. MR. LETOURNEAU: Right. Yep. It's on there. Okay. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Yep. CHAIRMAN KAUFMAN: Which all becomes moot if this motion passes. So we have a motion. We have a second. All those in favor? MS. ELROD: Aye. January 27, 2022 Page 121 MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Nay. MS. CURLEY: Nay. CHAIRMAN KAUFMAN: Okay. It passes, 4-2. MR. WHITE: Mr. Chairman, I'd just ask Victoria to just state on the record she's the agent for both. MS. RENHEFO: For both. MR. WHITE: For both LLCs. MS. RENHEFO: Mr. Wolf, Mr. Tac (phonetic). MR. WHITE: Thank you. MS. PULSE: Thank you. MS. CURLEY: I mean, this was in violation from 2019 that we extended and extended and extended and then gave them another four months on purpose. MS. BUCHILLON: Next item on the agenda, No. 2, CESD2020000792, Eva Martinez. (The speakers were duly sworn and indicated in the affirmative.) MS. MARTINEZ: I swear. MR. MACEDO: I do. CHAIRMAN KAUFMAN: Good morning. MR. MACEDO: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MS. MARTINEZ: Eva Martinez. CHAIRMAN KAUFMAN: Okay. And you are? MR. MACEDO: Luis Macedo, Collier County Code January 27, 2022 Page 122 Enforcement. CHAIRMAN KAUFMAN: You also look new to me. Is this your first? MR. MACEDO: No, it's not, sir. CHAIRMAN KAUFMAN: Oh, it could be my memory. I don't know. Do you want to read this case into the record for us? MR. MACEDO: Yes. Good morning. Luis Macedo, Collier County Code Enforcement, for the record. Case No. CESD20200000792. Description is unpermitted shed, fence, and addition. Past order: On August 28th, 2020, Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of referenced ordinance and ordered to correct violations. See attached order of the Board, OR 5817, Page 3107, for more information. Code Enforcement Board granted a continuance. See attached order of the Board in Documents and Images for more information. The violation has been abated as of October 28th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for a period -- for a period from February 25th, 2021, to October 28th, 2021, for 246 days, for a total fine amount of $49,200. Previously assessed operational costs of 59.28 have been paid, operational costs for today's hearing is $59.56, for a total amount of $49,000 -- $259. I'm sorry, $49,259.56. CHAIRMAN KAUFMAN: Okay. Ma'am, your turn. MS. MARTINEZ: What am I supposed to say? I just want my fines to be -- you know, I did what I was supposed to do. I just need the fines to be taken off. MS. CURLEY: How come it took two years to remove the January 27, 2022 Page 123 shed? MS. MARTINEZ: Two years to remove the shed? I don't think so. MS. BOWMAN: August 2020. MS. CURLEY: A year and a half. MR. MACEDO: So there was also an addition. There was unpermitted shed, the fence, and an addition to the property, which the addition is what probably took the longest. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: To undo? MS. MARTINEZ: Yeah, because I had to wait for the blueprints, and the survey, and I got everything legal, you know. MS. CURLEY: You got it permitted? MS. MARTINEZ: I got it permitted, yeah. MS. CURLEY: Okay. Good news. MS. MARTINEZ: I got everything up to code. MS. CURLEY: Good job. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: I'd like to make a motion, Mr. Chairman. MS. BOWMAN: I make a motion to deny the county the imposition of fines. MS. ELROD: I'll second. CHAIRMAN KAUFMAN: Hold on. Time out. We have one person over here saying he'd like to make a motion. Chloe wants to make a motion. MS. CURLEY: You have to speak into the microphone -- MS. MARTINEZ: He is. MS. CURLEY: We can't hear you. MR. RUBENSTEIN: I didn't hear Chloe do a motion. MS. CURLEY: Go for it, Chloe. Do it again. MS. BOWMAN: I'll make a motion to deny the county the January 27, 2022 Page 124 imposition of fines. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Discussion on the motion? MR. RUBENSTEIN: I do have some discussion. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: This board voted at one time that a violation existed, and we imposed $200-a-day fine, that this board voted and approved, and now we just want to let it just float away like it never happened. MS. CURLEY: No, that's incorrect. MR. RUBENSTEIN: Hmm? MS. CURLEY: That's incorrect. We gave her a timeline, and we always give a timeline. We don't give 18 months like we learned in the last case. We gave her a timeline where she took care of all of her business. Usually people just demolish the stuff, but she -- it took her an extra year to get all her blueprints and everything in order so she was able to keep her distance. So she's following the rule of law, and so we are forgiving her for that. MR. RUBENSTEIN: You're forgetting one thing, that she made a violation -- MS. CURLEY: I've not forgotten -- MR. RUBENSTEIN: If she followed the law, she wouldn't have been here in the first place. MS. BOWMAN: Right. That's everybody in this room. MS. CURLEY: I'm not on -- I'm not a respondent here, so stop addressing me. MR. RUBENSTEIN: Well, you're not representing her either. I'm just saying she's here for a reason, and my -- MS. CURLEY: And her reason was just stated. MR. RUBENSTEIN: My two cents on it is my two cents. January 27, 2022 Page 125 CHAIRMAN KAUFMAN: Yes. And just to comment on Sue's comment is that the respondent was given X amount of time, and had that respondent completed this in that amount of time, there would be no fine. But she exceeded that, and that's what the fine is. Not that she got it all done in time and followed all the rules, that she exceeded the time that was originally allocated. That's all. MS. CURLEY: Some people come back and ask for extensions of time. Some people don't have the time to. Some people are working. Some people just plow through it and come back and ask -- and beg for forgiveness. MR. WHITE: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. WHITE: Perhaps it would be helpful if I just read from what your rulings and regulations are about what the factors are that you're supposed to use in evaluating one of these requests. Would that be okay? MS. CURLEY: We have a motion on the floor to deny the fines. MR. WHITE: I understand that. CHAIRMAN KAUFMAN: I have no problem with it. Go ahead. MR. WHITE: All right. Upon the proper filing of the motion, the Board may consider the following factors: The gravity of the violation, actions taken by the respondent to correct the violation, whether there were previous violations committed by the violator, the cost upon the violator to correct the violation, the reasonable time necessary to correct the violation, the value of the real estate compared to the amount of the fine or lien, any hardship that the fine or lien would cause on the respondent, the time and cost incurred by the Code Enforcement Board -- Code Enforcement staff to have the violation corrected, and any other equitable factors which could make January 27, 2022 Page 126 the requested mitigation appropriate. CHAIRMAN KAUFMAN: Okay. Now, on the bottom of the sheet it says, the gravity of the violation is moderate, any action taken by the violator to correct multiple permits obtained and finalized. These comments are all on the bottom of each one of the sheets that we review. So my concern on this is -- and it doesn't talk to this case -- is I built a house without a permit, and I built a house three years ago. Did I pay taxes on that house for three years? I mean, that shouldn't be our concern. But I think that's one of the factors that should be on this. That's not this case, but just -- that's my point. You shouldn't have a windfall, but it should be reasonable, any penalty that's given. MS. CURLEY: And I think about five of the 10 items he just listed were the reasons for the abatement; at least that's why I'm in favor of abating the costs. CHAIRMAN KAUFMAN: Okay. We have a motion, and we have a second. Any other discussion on the motion? MR. RUBENSTEIN: Could you restate the motion, please. CHAIRMAN KAUFMAN: Basically the -- MS. BOWMAN: The motion is to deny the county the imposition of fines. CHAIRMAN KAUFMAN: Okay. Okay. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. It passes. The fines have January 27, 2022 Page 127 been abated. MS. MARTINEZ: Thank you. MS. BOWMAN: Good luck. MR. MACEDO: Thank you. MS. BUCHILLON: Next item on the agenda, No. 3, CELU20190006474, Lisa Marie Silverman. MS. SILVERMAN: Now that I'm a nervous wreck. (The speakers were duly sworn and indicated in the affirmative.) MR. LETOURNEAU: I do. MS. McGONAGLE: I do. MR. LETOURNEAU: Okay. For the record, Jeff Letourneau, Collier County Code Enforcement. This in regards to violations of the Collier County Land Development Code 04-41, as amended, Section 1.04.01(a). Violation description: Mobile home on improved parcel in Estates zoning. Past orders: On July 23rd, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violations. See the attached order of the Board, OR5803, Page 1706, for more information. On January 28th, 2021, the Code Enforcement Board granted an extension of time. See the attached order of the Board in Documents and Images for more information. On July 22nd, 2021, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents and Images for more information. The violation has been abated as of December 15th, 2021. Fines and costs to date are as follows: Fines have accrued at the rate of $100 per day for the period between July 29th, 2021, to December 15th, 2021, totaling 140 days, for a total fine amount of January 27, 2022 Page 128 $14,000. The previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing, 59.56. Total fine amount is $14,059.56. Let me go pop that up on the board real quick. CHAIRMAN KAUFMAN: I have one question on this. If the Board granted a continuance on July 22nd, should the fine have run from July 22nd to December 15th, or is there another date that I'm missing? The order says from July 29th. MS. SILVERMAN: Can I give you a little back story on this? CHAIRMAN KAUFMAN: Sure. MS. SILVERMAN: This has to do with, believe it or not, a shed for my business that I have for a rescue. And I bought the shed for $6,500. And I was told if I get an electrical licensed engineer, I could have this shed. I don't know, 90 percent I could have the shed for my rescue. So I went and got an engineer for $2,500. It wasn't the right engineer. I don't know why. They didn't really give me too many reasons for that. So I had to spend another $1,800 -- 1,850, excuse me, for another engineer, and then I'm paying fines. And at this point I was kind of aggravated, because I wanted to keep this shed because it had food in it for the animals, and I already put money into it. And everybody's like, why don't you just get rid of this shed, but I already spent all this money. So I just kept going down to Horseshoe Drive. They were really sick of my face because I was like, what do I do? And I was jumping through every hoop. It just became -- I mean, I'm the one that actually came up with -- to resolve this. So I'm in $50,000. I came up with it -- because they just kept saying nope, nope, this isn't right, this isn't right, for this shed. And I paid $30,000. It was my idea for a carport. January 27, 2022 Page 129 Now, I have to sell my houses. I had to stop the business, and I'm going to move -- excuse me. I'm getting a little -- because of all of this. So I couldn't have my rescue was the bottom line. But I did everything that everybody wanted me to do. I didn't know -- every time I went down to Horseshoe Drive somebody would tell me something different than the other person all the time. I was just like -- my head was spinning. And thankfully I met Renald Paul, and he sort of helped -- because he saw me, how upset I was. But, again, I'm the one that came up with, well, why don't I put a carport over it? And they're like, well, why didn't you do that in the first place? Well, you know, I'm a dog rescuer. I didn't know. I needed somebody to tell me what to do so I wasn't in trouble. So, I mean, I just -- I'm going to sell my house and go somewhere where I can do something. CHAIRMAN KAUFMAN: Okay. MS. SILVERMAN: You know my face. I've been here a lot of times. CHAIRMAN KAUFMAN: Yes. MS. CURLEY: Thanks for the information. MS. SILVERMAN: Thank you very much. CHAIRMAN KAUFMAN: Okay. MS. SILVERMAN: I do wish I had breakfast. I didn't know I was going to be here, you know, five hours. CHAIRMAN KAUFMAN: Maybe we can send out for it. Include us in that, too, would you? MS. SILVERMAN: I'm starving. CHAIRMAN KAUFMAN: Jeff, do you want to say something? MR. LETOURNEAU: Yeah, I think there was a little -- it might be a little error on that July 22nd, 2021. I'm not sure how January 27, 2022 Page 130 that's reading from the order right here, but -- CHAIRMAN KAUFMAN: Let's -- MR. LETOURNEAU: -- it's moot if you guys -- CHAIRMAN KAUFMAN: Let's do this -- yeah, it's moot at that point. Does anybody want to make a motion? Kathy. MS. ELROD: I'll make a motion to deny the county the imposition of fines. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Thank you. CHAIRMAN KAUFMAN: You don't have to fix the dates, Jeff. MS. CURLEY: You've got a nice carport now. MS. SILVERMAN: I know. Now everything's right, but I'm broke. But it looks great. I mean, it's unbelievable. This red barn is gorgeous. So if anybody else wants to save their property, just get a -- it was only $30,000. It's gorgeous, but -- CHAIRMAN KAUFMAN: And there's no lien on it. MS. SILVERMAN: -- now I'm out of money. But thank you very much. I couldn't have you guys' job. It's very -- January 27, 2022 Page 131 MS. CURLEY: It's not a job; it's a volunteer position. MS. SILVERMAN: Oh, my God. MS. BOWMAN: Another day, another unpaid volunteer position, right? CHAIRMAN KAUFMAN: Okay. Helen. MS. BUCHILLON: Next case on the agenda, No. 4, CESD20200006363, Miguel Arroyo. (The speakers were duly sworn and indicated in the affirmative.) MR. ARROYO: I do. MR. MUSSE: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. ARROYO: Miguel Arroyo. CHAIRMAN KAUFMAN: Okay. Jonathan? MR. MUSSE: Jonathan Musse, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Do you want to read the order into the record for us? MR. MUCHA: Yes, sir. Past orders: On April 23rd, 2021, 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, OR5944, Page 1398, for more information. The violation has not been abated as of January 27th, 2022. Fines have accrued at the rate of $100 per day for the period from August 21st, 2021, to August -- January 27th, 2022, 160 days, for a total fine amount of $16,000. Fines continue to accrue. Previously assessed operational costs of $59.21 have been paid. Operational costs for today's hearing, 59.35. Total amount, $16,059.35. January 27, 2022 Page 132 CHAIRMAN KAUFMAN: Okay. Sir. MR. ARROYO: Well, pretty much everything has done -- been done. The only thing I have left to do is the inspection. It was only an entry light in the front entry of the house that they did not pass. When the demolition was done, since the addition did not meet the setbacks, that was all demoed. I renewed the demo permit, and the light fixture is pretty much the only thing that has to be done and completed. CHAIRMAN KAUFMAN: Okay. Well -- so what you're asking for -- let me see if I can help you -- is you're asking for an extension -- MR. ARROYO: Correct. CHAIRMAN KAUFMAN: -- or a continuance. Actually, a continuance, since the Board rarely ever does extensions. Because we can't do anything with the case that's open, and it's not into compliance. So probably what you want to ask the Board, since you have a very simple thing to fix, is to grant you a continuance of 30 days. MR. ARROYO: Yeah. That will be perfect. I have to renew the demo permit in order for the inspector to go just revise that one more time. I've been going through the architect. But like I mentioned to Jonathan, I'm going to take it personally on my behalf and go to Horseshoe Drive. CHAIRMAN KAUFMAN: Okay. So would someone like to make a motion on this? MS. BOWMAN: I'll make a motion to continue for 30 days. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I'll second. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and second to for a continuance of 30 days. All those in favor? January 27, 2022 Page 133 MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. ARROYO: Thank you. CHAIRMAN KAUFMAN: See you next month. And you have to come back. MS. CURLEY: You have to come back to ask us. CHAIRMAN KAUFMAN: Because the fines are there. MR. ARROYO: Okay. CHAIRMAN KAUFMAN: And when you come back, there's a possibility that the fines could be adjusted, abated, or whatever. MR. ARROYO: All right. CHAIRMAN KAUFMAN: Okay. MR. ARROYO: All right. Makes sense. Thank you. MS. BUCHILLON: Next case on the agenda, No. 8, CESD20200000492, Jose Martinez Hidalgo and Oneyda Maria Diaz. MR. MACEDO: Good morning. (The speakers were duly sworn and indicated in the affirmative.) MR. MACEDO: I do. MR. MARTINEZ: I do. MR. MACEDO: For the record, Luis Macedo, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Now you look familiar. MR. MACEDO: Second time. CHAIRMAN KAUFMAN: Okay. You want to read the -- January 27, 2022 Page 134 MR. MACEDO: I believe they're going to ask for a continuance or an extension. Do you want me to go ahead, or do you want them? CHAIRMAN KAUFMAN: Go ahead. Request -- let me just do a quick summary. This was an unpermitted shed, addition, fence and the past order started in August of 2020. MR. MARTINEZ: Right. CHAIRMAN KAUFMAN: And then on July 22nd, 2021, a continuance was granted. So now you have the floor. MR. MARTINEZ: Yeah. My name is Jose Martinez. So we have everything ready. The only problem was we have to do the new survey, and that day I was sick with COVID. So I have -- we have the inspection, the final inspection for next week, you know. So I don't know he -- we can take it two week more or something for -- to finish this for it to be all done, you know. CHAIRMAN KAUFMAN: Okay. MR. MARTINEZ: He can explain the rest. CHAIRMAN KAUFMAN: I understood you. MR. FRESHWATER: My name is Kieran Freshwater. I'm a contractor. And we have scheduled the final inspections for the two outstanding permits for Wednesday. In addition to that, I had filed for a permit for some enclosure under the existing permit that was done without a permit. But I have put in for that permit, so I was holding off. But in talking to Luis today, he said, just get the other two closed out. So I scheduled them this morning, which will leave a permitted enclosure left, which has been done with Collier County. I have a permit number and everything for that. CHAIRMAN KAUFMAN: So like the past case, you are looking for a continuance of 30 days? MR. FRESHWATER: Thirty days. In reference to the last one, I got all the conditions as far as compaction tests that were January 27, 2022 Page 135 outstanding, a survey that was needed. All that has been done. All conditions are taken care of. CHAIRMAN KAUFMAN: Don't need the details. Okay. MS. CURLEY: I'll make a motion to grant the extension of 30 days. CHAIRMAN KAUFMAN: A continuance? MS. CURLEY: Continuance of 30 days. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We'll see you next month. MR. FRESHWATER: Thank you. MR. MACEDO: Thank you. MR. FRESHWATER: We're going to take five minutes for the court reporter. (A brief recess was had from 12:39 p.m. to 12:48 p.m.) CHAIRMAN KAUFMAN: I'd like to call the Code January 27, 2022 Page 136 Enforcement Board back to order. Next case, Helen? MS. BUCHILLON: Next case under imposition of fines, we're going to call No. 19, Case CESD20200010389, Bridge WF FL Waverley Place, LLC. MS. PEREZ: Yes, I do. MR. BROWN: Yes. CHAIRMAN KAUFMAN: Case number ends in 19; is that what you said? MS. CURLEY: It's this one with the paperclip on it. CHAIRMAN KAUFMAN: Oh. MR. WHITE: Number 19. MS. BUCHILLON: Number 19 ends on 0389. CHAIRMAN KAUFMAN: Gotcha. Got it. Okay. THE COURT REPORTER: Could I get your name? MR. BROWN: Yeah, it's Micah, M-i-c-a-h, Brown. CHAIRMAN KAUFMAN: Okay. If you'd state your name on the microphone, we will begin. MR. BROWN: Micah Brown. CHAIRMAN KAUFMAN: Okay. MS. PEREZ: And for the record, Cristina Perez, Collier County Code Enforcement. This is in reference to Case No. CESD20200010389. Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 5300 Hemmingway Lane West, Naples, Florida. Folio No. 36180122005. Description: Interior alterations of the clubhouse, including the floor, windows, and demolition of walls without a permit. Past orders: On April 23rd, 2021, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The January 27, 2022 Page 137 respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5944, Page 1391, for more information. On August 27th, 2021, the Code Enforcement Board granted a continuance. See the attached order of the Board in Document and Images for more information. The violation has been abated as of December 6th, 2021. Fines have accrued at the rate of $250 per day for the period from August 22nd, 2021, to December 6th, 2021, 107 days, for a total fine amount of $26,750. Previously assessed operational costs in the amount of $59.28 have been paid. Operational costed for today's hearing, $59.63. Total amount, $26,809.63. CHAIRMAN KAUFMAN: Okay. Sir? MR. BROWN: Yes. So I'm here just to request a waiver/abatement of those fines. We did get our permit pulled from our last meeting, so that happened a few days from our last continuance, and just due to delays in construction materials and getting stuff permitted. We had to do an SDPA, so that's what slowed things down in the beginning. So once we got that, we were able to then pull the permit, the work was done within this period of time, and we have the certificate of occupancy. So I'm just requesting that we waive those fines. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I'll make a motion to deny the county fines as stated. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. January 27, 2022 Page 138 MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. WHITE: Could you just state your name on the record, please. MR. BROWN: Micah Brown. MR. WHITE: And are you the agent? MR. BROWN: For the ownership, yeah, and I have the letter that was submitted from the 2/8 -- CHAIRMAN KAUFMAN: That's attached. MR. WHITE: Got it. Thank you, sir. MR. BROWN: Thank you very much. I appreciate it. CHAIRMAN KAUFMAN: Okay. MS. PEREZ: Thank you, board members. MS. BUCHILLON: Next case on the agenda, No. 9, CESD20180008035, Estancia U.S., LLC. (The speakers were duly sworn and indicated in the affirmative.) MR. BEATON: Yes. MR. SHORT: I do. CHAIRMAN KAUFMAN: This looks like the same case, different place. MR. SHORT: All right. Mr. Chair, this has to do with your past orders on April 26th, 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 violations. See the attached order of the Board January 27, 2022 Page 139 in the Official Records Book 5629, Page 3169, for more information. On January 28th, 2021, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents and Images for more information. The violation has been abated as of December 13th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from October 24th, 2019, to December 13th, 2021, 782 days, for a total fine amount of $156,400. Previously assessed operational costs of $59.56 have been paid, your operational costs for today's hearing is $59.63, for a total amount of one thousand five hundred and -- $156,459.63. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. MR. BEATON: Yeah. Paul Beaton. CHAIRMAN KAUFMAN: And you are the owner? MR. BEATON: That's correct, of the company, yeah. MR. WHITE: He's the managing member of the LLC. CHAIRMAN KAUFMAN: Thank you. My question on this is, from April of 2019, we're talking '19, '20, 2021, almost three years. MR. BEATON: Yeah. It really dragged on. And I guess Eric would probably know a little bit about this, too. So we applied for a -- like, a permit right away. We had to do some things because we were in the flood zone with FEMA, but the biggest issue, honestly, is we had an architect that was doing the plans to submit, and they kept getting rejected. I believe they got rejected, literally, like, five times, maybe more. It was kind of a conflict of interest because the architect actually worked with the City of Bonita Springs, and he had his opinion of how the drawings had to be, and he was kind of locking horns, I think, with the Building Department at Collier County. January 27, 2022 Page 140 To make a long story short, between talking with Jonathan Walsh and our general contractor, they were finally like, listen, this isn't going anywhere with this architect. We were trying to also get refinancing for this -- to do this project, and with the lien, we couldn't get it. So we came to the conclusion after dealing with Jonathan Walsh on this and my general contractor just -- it was better just to put the property back -- or the additions, or whatever you want to call them, back to the way it was to start fresh. And so that's what we've done at this point, but it just dragged out. It was just almost like -- it was ridiculous, honestly. MS. CURLEY: It's a restaurant, right? MR. BEATON: No, no. It's a small motel. MS. CURLEY: Oh, okay. I remember you. MR. BEATON: Yeah. CHAIRMAN KAUFMAN: Okay. Eric, any problems with the respondent in this? MR. SHORT: No. Mr. Beaton has been in contact with us continuously throughout the process. You know, he hired a professional to get the job done and, unfortunately, that didn't work out in the beginning. And, you know, like he said, your order was viewed as an encumbrance for any financing to go the other route. So now he has a clean slate and is ready to hopefully, with your motion today, be able to move forward with his improvements. CHAIRMAN KAUFMAN: Okay. MS. ELROD: I'd like to make a motion to deny the county the imposition of fines. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. January 27, 2022 Page 141 MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. BEATON: Okay. Thank you very much. MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Oh, one nay; I'm sorry. MS. CURLEY: The constant nay. MS. BUCHILLON: Next case on the agenda, No. 11, CESD20200011986, Leon Gerald Austin, Jacqueline Franklin, and Lori Anderson. MR. AUSTIN: Well, it's good afternoon. (The speakers were duly sworn and indicated in the affirmative.) MR. CATHEY: I do. MR. AUSTIN: I do. CHAIRMAN KAUFMAN: Finally found somebody I can hear at the microphone. MR. AUSTIN: Oh, I have a loud voice. CHAIRMAN KAUFMAN: Okay. Do you want to read this into the record for us? MR. CATHEY: Yes. For the record, Ryan Cathey, Collier County Code Enforcement. Past orders: On March 25th, 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, OR5933, Page 2485, for more information. On August 27, 2021, the Code Enforcement Board denied the January 27, 2022 Page 142 extension of time and granted a continuance. See attached order of the Board in Documents and Images for more information. Violation has been abated as of January 11, 2022. Fines have accrued at a rate $200 per day, period from July 24, 2021, to January 11, 2022, 172 days. Total fine amount $34,400. Previous assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.63. Total fine amount of $34,459.63. CHAIRMAN KAUFMAN: Okay. MR. AUSTIN: Are you ready? My name, of course, is Leon Austin. I'm 77 years old. I have been classified as legally blind. I have no sight in my right eye and limited sight in my left. I get along very well except I have very -- trouble reading. This complaint started because of my lustrous neighbor [sic] did not like what was happening in this area -- in the small apartment I have in the back of my house. So I don't know how he found out, but he found out that back -- that in 1979, the contractor did not complete the job and get the final inspection. Well, from there it was one thing after another after another. One thing -- it just seemed it was never ending of what was required to do to get the permit for this two rooms and a bath. I have never seen such a carrying on. But I went through it. I finally come out on the other side. All I ask is for an abatement of my fines, and thank you. CHAIRMAN KAUFMAN: Okay. Any questions or motions from the Board? MS. ELROD: I'll make a motion to deny the county the imposition of fines. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. BOWMAN: I'll second. January 27, 2022 Page 143 CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? MR. RUBENSTEIN: Nay. MR. AYASUN: Nay. CHAIRMAN KAUFMAN: It passes 4-2. Okay. MS. CURLEY: Good luck. MR. AUSTIN: Thank you. MS. BUCHILLON: Next case on the agenda, No. 12, CESD20190010307, Juan C. Alcantara, Jr., and Lindsay M. Alcantara. (The speakers were duly sworn and indicated in the affirmative.) MR. ALCANTARA: I do. MR. SHORT: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us? MR. ALCANTARA: Yes, sir. It's Juan Alcantara. CHAIRMAN KAUFMAN: Okay. This case reminds me of about 30 cases we had in the same area at one time. MR. SHORT: That's correct. CHAIRMAN KAUFMAN: Okay. MR. SHORT: All these dock cases. MS. CURLEY: Culvert, right? MR. SHORT: For the record, Supervisor Eric Short with Collier County Code Enforcement. This is in reference to your past orders. On September 24th, 2020, the Code Enforcement Board issued a finding of fact, January 27, 2022 Page 144 conclusion of law and order. The respondent of found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board in the Official Records book 5832, Page 4, for more information. On January 28th, 2021, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents and Images for more information. On May 27th, 2021, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents and Images for more information. The violation has been abated as of October 4th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from December 24th, 2020, to October 4th, 2021, 285 days, for a total fine amount of $28,500. Previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing is $59.63, for a total amount of $28,559.63. CHAIRMAN KAUFMAN: Okay. Sir? MR. ALCANTARA: Sir, yes. I'm just requesting an abatement of fines. Project is complete. Everything's been taken care of. CHAIRMAN KAUFMAN: I remember when -- this is one of -- we must have had 10 or 15 of these in the same place off of Sharwood. MR. ALCANTARA: Oh, yeah. MR. SHORT: A lot more than that. MS. CURLEY: Does it look nice now? MR. ALCANTARA: Yes. Much improved, yes. MS. CURLEY: Good. I make -- MS. BOWMAN: I make a motion to deny -- sorry. Make a motion to deny the county's fines. January 27, 2022 Page 145 MS. CURLEY: I'll second that. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. ALCANTARA: Thank you very much. CHAIRMAN KAUFMAN: Worth the wait, right? MR. ALCANTARA: Yes. Definitely, thank you. MS. BUCHILLON: Next item on the agenda, No. 13, CELU20200010724, Greg Carlisle. (The speakers were duly sworn and indicated in the affirmative.) MR. CATHEY: I do. MR. CARLISLE: Yes, I do. Good morning, again, everybody. CHAIRMAN KAUFMAN: Can you state your name on the mic for us? MR. CARLISLE: Gregory Carlisle. CHAIRMAN KAUFMAN: Okay. MR. CATHEY: For the record, Investigator Ryan Cathey, Collier County Code Enforcement. Past orders: On January 28, 2021, Code Enforcement Board issued a finding of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinance. Ordered to correct the violation. See attached order of the Board, OR5896, January 27, 2022 Page 146 Page 3111, for more information. July 22nd, 2021, the Code Board granted a continuance. See attached order of the Board in Documents and Images for more information. Violation has not been abated as of January 27th, 2022. Fines have accrued at a rate of $150 per day for the period April 19th, 2021, to January 27, 2022, 274 days. Total fine amount $41,100. Fines continue to accrue. Previous operational costs of $59.28 have been paid. Operational costs for today's hearing, $59.49. Total fine amount: $41,159.49. CHAIRMAN KAUFMAN: Okay, sir. MR. CARLISLE: I thought it was going to take -- I didn't realize what I was up against. But I've got 14 containers on a property that -- I hired a guy, we were going want to them on -- relocate them to another property, and that property, they found bears. Can I approach and show you pictures or do you care? CHAIRMAN KAUFMAN: Why don't you just give them to Helen. MR. CARLISLE: When we -- I guess I knew the hearing was coming up, so I contacted Code Enforcement to find out when it was and was chewed out, respectfully, because I hadn't done it. I put it on the back burner. My sons were supposed to help me at Christmas. I know you hear it all the time. I really did get COVID and followed up by a kidney stone. Went to relocate -- or I went into agreement with a guy that I could relocate the containers to, and they found the bears. So at that point, I couldn't relocate them. But we did -- knowing that was going to happen, I didn't know what to do. So I purchased another property that I'm under contract on to relocate the contents. January 27, 2022 Page 147 Since then I just said, the heck with it. I gave all the stuff that's in there to St. Matthew's House. I'm in the process of still unloading them. I've been working since Monday. CHAIRMAN KAUFMAN: Okay. You said you had pictures. Helen, do you want to put them on -- MR. CARLISLE: I did include a copy of that contract, too. MS. CURLEY: Were these, like, containers that you had your personal belongings in and you were going to build a house? MR. CARLISLE: Yes, ma'am. What it -- they asked me -- but the 13 containers did have everything that I was going -- I mean, I guess you could -- I've had that property since 2001. You might be familiar with the gym that's in front of it. I built that or remodeled that old building. It was such an eyesore. 1600 Golden Gate Parkway. And what happened is I let a guy -- I don't live here full time. But I let someone use the property, and they parked trailers, boat trailers along the road, and it was a real eyesore when I came back. I would have been upset if I was the neighbor. We did move those immediately, but because a violation was there -- you can't see the containers from the road, but since the violation was there, obviously, I had to relocate them. I just didn't know what I was up against. CHAIRMAN KAUFMAN: Are these containers the same type you see on boats? MR. CARLISLE: Yes, sir, 40-foot containers, steel containers. CHAIRMAN KAUFMAN: 40-foot. How many still there? MR. CARLISLE: Thirteen; is that right? Thirteen. CHAIRMAN KAUFMAN: What's in them? MR. CARLISLE: It had 20 years of hoarding. MS. CURLEY: So you got 20 years of free rent. MR. CARLISLE: I still paid property taxes, but true, yeah. January 27, 2022 Page 148 But it's -- actually, I'm donating everything that's in there to St. Matthew's House. I mean, if you went by, I'd ask if you saw it. But right now we've got a 34-foot trailer just stacked with furniture, and that will be our fifth trip. MR. RUBENSTEIN: Have you been collecting rent since -- MR. CARLISLE: No, no, excuse me. It's my personal stuff. I've never collected rent. MS. CURLEY: I was kidding saying that his containers got to sit back there. MR. CARLISLE: No. No, sir. MS. CURLEY: Sorry. MR. CARLISLE: It's all right. MR. RUBENSTEIN: So everything that's on the property belongs to you? MR. CARLISLE: Yes, sir, except for the boat trailers. I let somebody park those, and that's what caused all this. CHAIRMAN KAUFMAN: And when do you think this is going to be -- MR. CARLISLE: Well, I included a copy of the contract. It's on the second page. We've got, I think, 45 days, and then two weeks -- 45 days for due diligence and two weeks to close. CHAIRMAN KAUFMAN: This is a contract to purchase property? MS. ELROD: To move the containers to? MR. CARLISLE: No, the contents of the containers. MS. CURLEY: Is it a house or something -- MR. CARLISLE: No, it's a warehouse. MS. CURLEY: Oh, okay. Well, that's fair enough. MR. CARLISLE: And I also have another property that's got stuff in it is the reason to do that, but that's neither here nor there. CHAIRMAN KAUFMAN: Could you, Helen, go to the top January 27, 2022 Page 149 and then slowly go to the bottom. MR. CARLISLE: And I entered into this agreement after I found -- I mean, I entered into this agreement this week after I found out about the bears. Because who knows, they'll probably find turtles next. MS. CURLEY: But the warehouse property has bears on it? MR. CARLISLE: No, ma'am. The -- what I did is I entered into an agreement with someone to -- it's an ag property, and when they were mowing it, they found bears. That's out. MS. CURLEY: That was the cute fuzzy part of your story? MR. CARLISLE: Pardon? MS. CURLEY: That was the cute and fuzzy part of your story. MR. CARLISLE: Yeah. Pretty unbelievable but true. So we weren't planning on unloading the containers. We were just relocating them. Now we've unloaded them, and we're just getting rid of the containers. MS. CURLEY: What do we do; impose the fines and then when he sorts his life out, he deals with it? MS. ELROD: Or we give him time to do to. MS. CURLEY: Or does he -- extension? MS. BOWMAN: He's had a year. MR. CARLISLE: A continuance, if you will. (Simultaneous crosstalk.) MS. BOWMAN: He's already had a continuance. MR. CARLISLE: You've already given me one, though. CHAIRMAN KAUFMAN: The one thing you can do is grant an extension of time. You can't -- this thing is still in violation, okay. MS. CURLEY: Well, if we impose the fines, then the violations [sic] continue to accrue. CHAIRMAN KAUFMAN: That's correct. January 27, 2022 Page 150 MR. CARLISLE: I'm okay with the -- I mean, it's my fault. MR. WHITE: Helen, would you move to the additional terms? Because it doesn't have the closing date on there. MR. CARLISLE: It's -- CHAIRMAN KAUFMAN: This is Page 1 of a real estate contract. MR. CARLISLE: It was 45 days to -- MR. WHITE: Forty-five days? MR. CARLISLE: Forty-five days. MR. WHITE: From? MR. CARLISLE: For the date of acceptance, which they have not accepted it yet. If you look at the date -- MR. WHITE: They have till tomorrow. MS. BOWMAN: You've got 13 containers worth of stuff that's going to fit in a unit on Fifth Avenue? MR. CARLISLE: Well, no. There's only -- actually, the -- this -- I guess with this contract, I was just trying to show you that I was trying to do something. We're just getting -- everything in the contents of the containers for the most part has been removed and donated. It was -- CHAIRMAN KAUFMAN: It's the actual -- MR. CARLISLE: It was furniture out of spec homes. CHAIRMAN KAUFMAN: You could have a bonfire, whatever. What happens now to the containers? MR. CARLISLE: We're getting rid of them. CHAIRMAN KAUFMAN: When you say "get rid of them," what -- MR. CARLISLE: I've got four of them sold to a -- I've got the plaza out on Wilson Boulevard, and Fayard's Hardware needs five of them, so they've committed to five. The other ones, if I have to take them to scrap metal, I'll do that. January 27, 2022 Page 151 CHAIRMAN KAUFMAN: Okay. MR. CARLISLE: What I was going to ask -- I don't know if it's appropriate -- but they do allow you to have containers if you've got a permit, an active permit, and I am going to -- one of the containers is also going to my architect, and he's -- I've known him for a long time, but he's doing the design of the home for that property that's under -- that we're here for today. And so I was hoping -- I've got construction material in those two, that's true. If I could leave those two until I get my permit. If not, I understand. MS. CURLEY: You already used that last time you were here. You said it was all -- MR. CARLISLE: Right, but two of them. Not all of them. And if no, I understand. It's fine. (Simultaneous crosstalk.) CHAIRMAN KAUFMAN: So this -- for you to come into compliance hinges on this property being acquired by you tomorrow? MR. CARLISLE: Container free. No, sir. CHAIRMAN KAUFMAN: What's today's date? MR. CARLISLE: No, sir, it does not. CHAIRMAN KAUFMAN: Yeah, tomorrow. MR. CARLISLE: We thought it was. When I -- but then since then I said, we're just getting rid of all of it. CHAIRMAN KAUFMAN: Okay. So you're emptying out the containers? MR. CARLISLE: Right. CHAIRMAN KAUFMAN: That's one. MR. CARLISLE: Right. CHAIRMAN KAUFMAN: Number two, you're going to have to -- MR. CARLISLE: Dispose of it. CHAIRMAN KAUFMAN: -- get rid of a bunch of containers. January 27, 2022 Page 152 MR. CARLISLE: Right. CHAIRMAN KAUFMAN: Okay. When? That's the whole point. I mean, you've had since -- I'm not going to yell at you just like county did. MR. CARLISLE: I did get yelled at, but I deserved it. MR. AYASUN: No. MR. CARLISLE: Yeah, I did. I procrastinated. CHAIRMAN KAUFMAN: Everybody -- I understand. MR. CARLISLE: But I'm not procrastinating now. I give you my word, I've been working 10-hour days since I found out about the bears. CHAIRMAN KAUFMAN: Let me put a trial balloon up. If we gave you 30 days, would that make a dent in this? MR. CARLISLE: It would make a huge dent, but I wouldn't, in good faith, tell you the containers will be moved. CHAIRMAN KAUFMAN: Let me -- MR. CARLISLE: If you gave me 60, I'll try to do it in 30. CHAIRMAN KAUFMAN: If we gave you 60 -- MR. CARLISLE: I found -- yesterday we took a bunch of material to a recycler, and I'll just take them to the recycler if we have to. So 60 it will be done. CHAIRMAN KAUFMAN: It will be done? MR. CARLISLE: Yes, sir. CHAIRMAN KAUFMAN: Okay. You realize that if we grant you a continuance, you're going to have to be back here. MR. CARLISLE: I know. CHAIRMAN KAUFMAN: You don't live in the state. MR. CARLISLE: Well, I'll be here until then. CHAIRMAN KAUFMAN: Okay. So 60-day continuance, we should be well on our way of having this thing all resolved? MR. CARLISLE: Hopefully within 30. January 27, 2022 Page 153 CHAIRMAN KAUFMAN: Okay. Well, that's even better. MS. ELROD: I'll second that. MR. CARLISLE: Because I'm staying on this till I get through with it. Thank you. CHAIRMAN KAUFMAN: The motion is to grant a continuance for 60 days, and we have a second. MS. CURLEY: Oh, I'll second it. CHAIRMAN KAUFMAN: Okay. We have a second. Okay. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Okay. MR. CARLISLE: Thank you. CHAIRMAN KAUFMAN: Sixty days. MS. BOWMAN: I've got to go to my meeting. CHAIRMAN KAUFMAN: Okay. MR. WHITE: He submitted it to the record. It's part of the record. CHAIRMAN KAUFMAN: Chloe has to leave right now. We still have a quorum. Good luck, Chleo. MS. BOWMAN: Chleo? CHAIRMAN KAUFMAN: I'd like to -- like a pastrami sandwich. No. (Ms. Bowman left the boardroom for the remainder of the meeting.) January 27, 2022 Page 154 MS. BUCHILLON: Next case on the agenda. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Number 14, CESD20190011752, Roseanne Leising Hogle and Charles F. Leising. (The speakers were duly sworn and indicated in the affirmative.) MS. HOGLE: I do. MR. MUCHA: I do. MS. HOGLE: I'm a big mouth. Sorry. CHAIRMAN KAUFMAN: Good morning -- or good afternoon. MS. HOGLE: Yes, good afternoon. CHAIRMAN KAUFMAN: Hopefully we don't have to say "good evening." MS. HOGLE: No, I hope not. CHAIRMAN KAUFMAN: Could you say your name on the mic for us, please. MS. HOGLE: Roseanne Leising Hogle. CHAIRMAN KAUFMAN: Okay. You've got three names. Wow. MS. HOGLE: Yeah. I didn't give up my maiden name. It's my business. I've had that a long time. CHAIRMAN KAUFMAN: Okay. Joe. MR. MUCHA: For the record, Joe Mucha, supervisor, Collier County Code Enforcement. Past orders: On January 24th, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5749, Page 3388, for more information. On November 20th, 2020, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents January 27, 2022 Page 155 and Images for more information. Violation has been abated as of September 22nd, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from March 25th, 2020, to September 22nd, 2021, 547 days, for a total fine amount of $54,700. Previously assessed operational costs of $59.28 and $59.35 have been paid, operational costs for today's hearing $59.63, for a total fine amount of $54,759.63. CHAIRMAN KAUFMAN: Okay. It's been a long road. MS. HOGLE: It's been a horrific road. COVID has destroyed my life is basically -- I have a -- I have a son with severe special needs, and I'm a widow. I mentioned that the last time I was here. And I don't have a say in what happens with my child. When the schools shut down, I become the home-care provider. And COVID has done that a lot to us. They have not cared anything about children or adults with special needs during any of this right now. Everything is finished. Actually, I had a little longer because, as I was finishing it, I fell off the ladder, which -- and then I destroyed my shoulder. My shoulder's been completely rebuilt. I'm seven months out. But, you know, everything's finished over there, and I pray these fines can go away. CHAIRMAN KAUFMAN: Okay. MS. ELROD: I'll make a motion to deny the county the imposition of fines. MS. CURLEY: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second, and your prayers have been answered. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. January 27, 2022 Page 156 MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. HOGLE: Thank you so much. And I'm sorry you have to do this job. This was awful to watch what you've gone through today. MS. CURLEY: It's not a job. It's volunteer. MS. HOGLE: That's right. I'm sorry. That's even worse. Thank you very much. CHAIRMAN KAUFMAN: Okay. MS. HOGLE: And you'll never see me again, I hope. CHAIRMAN KAUFMAN: Stay off the ladders. MS. CURLEY: Knock on wood. MS. HOGLE: I'm a roofer. I'm going back up next week. Hey, but at least I can do it. CHAIRMAN KAUFMAN: There you go. MS. BUCHILLON: Next case on the agenda, No. 15, CESD20190011745, Diane M. Moore. (The speakers were duly sworn and indicated in the affirmative.) MS. MOORE: I do. MR. MUCHA: I do. CHAIRMAN KAUFMAN: Okay. Can you state your name on the microphone for us. MS. MOORE: Diane Moore. CHAIRMAN KAUFMAN: Okay. Joe, you want to read the case into the record for us? MR. MUCHA: Yes, sir. For the record, Joseph Mucha, supervisor, Collier County Code Enforcement. Past orders: On February 27th, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The January 27, 2022 Page 157 respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5742, Page 250, for more information. Violation has been abated as of November 18th, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from August 26th, 2020, to November 18th, 2021, 450 days, for a total fine amount of $67,500. Previously assessed operational costs of $59.21 have been paid, operational costs for today's hearing is $59.56, for a total fine amount of $67,559.56. If I could just say one thing on her behalf, on one of the -- she had gotten inspections, everything done quickly for her permit, but sometimes the Building Department required, because it's a mobile home, an engineer's letter to certify the mobile home again, and I think that was a very difficult process for her, and that took several months for her to finally find somebody that was willing to do it. As you know, engineers are quite busy, and just to have somebody do a letter. So I just wanted to put that on her behalf that that was why it kind of delayed things getting all the way finaled. CHAIRMAN KAUFMAN: Okay. MS. MOORE: That plus the fact that I left for Ohio the minute my inspection was done not knowing I needed this letter, and so I had to find somebody. Then the one I found had a heart attack and couldn't work. So I was trying to give him time to recover and -- because he knew my case, and that wasn't working out. So I finally found another one, so -- CHAIRMAN KAUFMAN: So you -- MS. MOORE: -- that was the delay. CHAIRMAN KAUFMAN: You're asking for the fines to be abated? MS. MOORE: Yes. I am asking that they be abated. January 27, 2022 Page 158 CHAIRMAN KAUFMAN: Get a motion from the Board. MS. ELROD: I'll make a motion to deny the county the imposition of fines. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I'll second that. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. MS. MOORE: Thank you so much. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next case on the agenda, No. 17, CESD20200000525, Abel Rill and Gardenia Rill. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you move the mic up between there so we can hear you. And if you could give me your name, each one of you. MR. RILL: Abel Rill. MR. ANDRE: I am Meshay Andre. I will be translating for him, if I may. CHAIRMAN KAUFMAN: Okay. Joe? MR. MUCHA: For the record, Joseph Mucha, supervisor, Collier County Code Enforcement. Past orders: On August 28th, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The January 27, 2022 Page 159 respondent was found in violation of the referenced ordinances and ordered to correct the violations. See the attached order of the Board, OR5817, Page 3099, for more information. Violation has been abated as of November 3rd, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from November 27th, 2020, to November 3rd, 2021, 342 days, for a total fine amount of $34,200. Previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing is $59.56, for a total fine amount of $34,259.56. CHAIRMAN KAUFMAN: Okay. Your turn to talk. MR. ANDRE: So he says that all the -- all the work has been completed. He has obtained the certificate of completion, permits have been completed and everything, and payments have been made. CHAIRMAN KAUFMAN: Okay. The order that we have in front of us says that the violation has been abated. My question to you is, why did it take years to get this done? MR. ANDRE: He was -- he was unemployed for a while and wasn't able to complete the job, but when he finally got employed, he finally was able to finish it. And several other situations as well. CHAIRMAN KAUFMAN: So he put an addition on his house, he had some sheds, and he built a permit -- built without a permit; I'm sorry. MR. ANDRE: He was not sure of the proceedings of what he was supposed to do in terms of legality, but he was finally -- when he finally found out, he went and got the proper paperwork and everything. CHAIRMAN KAUFMAN: Okay. Do you have any comments on this case, Joe? MR. MUCHA: I know there was a lot of stuff that he had to do, and I think there was a little bit of a language barrier, you know, January 27, 2022 Page 160 and I think finances was part of it, too. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Well, I'll make a motion to deny the county's imposition of fines. MS. ELROD: I'll second that. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Nay. I have a question. MR. MUCHA: Yes, sir. MR. RUBENSTEIN: Does this rear addition affect the setbacks on the property now? MR. MUCHA: I believe he tore it down. Yes? MR. ANDRE: Yes. MR. MUCHA: He tore it down, sir. CHAIRMAN KAUFMAN: When it says in here that it's been abated, I'm guessing that inspections were done and that includes that as well. MR. RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: No problem. MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Take a vote. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. January 27, 2022 Page 161 CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. ANDRE: Thank you, guys. MS. CURLEY: Good luck. MS. BUCHILLON: Next case, No. 18, CESD20190009248, Judy Pappalardo. (The speakers were duly sworn and indicated in the affirmative.) MS. MORRIS: I do. MR. CATHEY: I do. MS. MORRIS: I'm not Judy, by the way, no. Is that what you were going to ask me? Yes, I'm her daughter, Emily. THE COURT REPORTER: Same last name? MS. MORRIS: No, my last name's Morris. CHAIRMAN KAUFMAN: Okay. So you have the authorization to speak in behalf? MS. MOORE: I do. She signed it right here. MS. BUCHILLON: I have it. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Are you going to tell her how much fun you had here today? MS. MORRIS: Yes, I am, for sure. CHAIRMAN KAUFMAN: You stayed till the end. MS. MORRIS: Yes, yes. CHAIRMAN KAUFMAN: Do you want to read the order into the record? MR. CATHEY: Yes. For the record, Investigator Ryan Cathey, Collier County Code Enforcement. January 27, 2022 Page 162 Past orders: On August 28th, 2020, 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 attached order of the Board, OR5817, Page 3119, for more information. Violation has been abated as of October 27th, 2021. Fines have accrued at a rate of $150 per day for the period December 27, 2020, to October 27, 2021, 305 days. Total fine amount of $45,750. Previous operational costs, $59.28, has been paid. Operational costs for today's hearing, 59.49. Total fine amount of $45,809.49. CHAIRMAN KAUFMAN: Okay. MS. MORRIS: I'm here today on behalf of me and my mother asking that you do waive the fines that we had incurred over that period of time. We went through all of the permitting process with our contractor and an engineer, and Collier County and the Fire Department both came through, and we passed our inspections on September 27th, 2021. And I actually have the CO from the 27th of September, which is different than your October date as well. I don't know if that has anything to do with it. CHAIRMAN KAUFMAN: It probably won't have anything to do with it. MS. MOORE: Okay. Yes, we would definitely, definitely ask that you waive the fees that have incurred. It took a long time for my mother to even find anyone that would take on this project for the permit by affidavit. We did find the general contractor, but then finding an architect that would take on the project definitely took some time. My mom is on Social Security, so she has a fixed income. I work in town for a nonprofit. Unfortunately, I don't have the funds January 27, 2022 Page 163 to assist as much as I would have liked to. So, yeah, as of September 27th, our inspections were passed for the permit by affidavit, so we do ask that you please waive the fines. CHAIRMAN KAUFMAN: Okay. MS. ELROD: I'd like to make a motion to have -- deny the county the imposition of fines. CHAIRMAN KAUFMAN: Okay. Could we get a second? MS. CURLEY: I'll second that. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Carries unanimously [sic]. MR. AYASUN: There was one nay. MS. ELROD: This is where she bought it and it was already done, and then she -- yeah, she inherited it, and then they found out it was wrong. MS. MORRIS: It was a whole thing. MS. CURLEY: Yeah, we remember you. MS. ELROD: Yeah, we remember. MS. MORRIS: For sure. Thank you very much. We appreciate it. CHAIRMAN KAUFMAN: Are we getting to the end, Helen? MS. BUCHILLON: Yes, about. Last case with someone here, it's No. 22, CELU20190003912, Terra Aqua, LLC. (The speakers were duly sworn and indicated in the affirmative.) January 27, 2022 Page 164 MR. JOHNS: I do. MR. SHORT: I do. CHAIRMAN KAUFMAN: Okay, Eric. Can you state your name on the microphone for us, please. MR. JOHNS: Randy Johns. CHAIRMAN KAUFMAN: This is Terra Aqua, LLC? MR. SHORT: That is correct. CHAIRMAN KAUFMAN: I have the right case in front of me? MR. SHORT: Yes. MS. CURLEY: 3912. CHAIRMAN KAUFMAN: Uh-huh. I got it. Yeah. Okay. Do you want to read the case into the record for us, Eric? MR. SHORT: Yes, sir. For the record, Supervisor Eric Short with Collier County Code Enforcement. This is in regards to past orders. On October 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 in the Official Records Book 5696, Page 3407, for more information. The violation has been abated as of December 22nd, 2021. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day from the period from April 23rd, 2020, to December 22nd, 2021, 609 days, for a total fine amount $60,900. Previously assessed operational costs of $59.21 have been paid, operational costs for today's hearing is $59.42, for a total amount of $60,959.42. CHAIRMAN KAUFMAN: Okay. Sir. MR. JOHNS: Yes, sir. I'm asking for you to abate these fines, January 27, 2022 Page 165 if you would, please. CHAIRMAN KAUFMAN: Why did it take almost two years to move some vehicles off a property? MR. JOHNS: I wasn't -- it wasn't moving vehicles. We built a parking lot, and when we went into this project -- I'm the contractor -- we were going to do a phased SDP and encompass five acres. The partners were involved in that. It was all agreed to in the beginning by the partners, and we moved forward with that. Then one of the partners decided he did not want to be part of this, and he wanted to be bought out. So it took a while for them guys to settle their situation. So I no longer -- I had to pull my phased SDP back out, go in for one just for the two-and-a-half acres. We did that. We went through the process. The South Florida Water Management got involved because we're next to the canal there off of Brookside. They got involved. We had to go through that permitting. Because of COVID and everything that was going on, nobody staffed their offices. The Collier County Attorney's Office held onto this for a long time trying to get everything addressed in what they wanted. They were low on staff. It took a long time to permit it. Then once we did get our permit, we started building it. And we all know you can't get help. You can't get materials right now. It took -- it took twice as long as what it should have taken to build this parking lot. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Okay. I'll make a motion to deny the county the imposition of fines. MS. CURLEY: Yeah. I'll second that one. That's a project. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. January 27, 2022 Page 166 MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. JOHNS: Thank you very much. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: How'd it turn out? CHAIRMAN KAUFMAN: It's flat. MS. CURLEY: Pave paradise, and put up a parking lot. MS. BUCHILLON: Next case, we're going back up to the beginning of the agenda. Under public hearings A, motions, motion for extension of time, No. 1, CEVR20200013095, KSWFL Homesites, LLC. (The speaker was duly sworn and indicated in the affirmative.) MR. HOLMES: I do. CHAIRMAN KAUFMAN: First one under extension of time. Bradley? MR. HOLMES: Howdy. CHAIRMAN KAUFMAN: You're on. MR. HOLMES: All right. So due to unforeseen circumstances, the representative of Kaye Homes wasn't able to attend today; childcare issue. She did contact me by phone. We talked about it. Their request is for 90 days. So when this case started, it was under a different owner. Ownership changed after you made the order. They've been working through and trying to figure out what they were going to do with the property. It's gone through a lot split January 27, 2022 Page 167 from one giant lot. I think it was, like, 10 acres to four now, four different parcels. They went through all the processes with Collier County to get that approved. And at this point now they're working towards making the improvements to each lot. So as you know, Kaye Homes is a builder, so they're going to be, to my knowledge, pulling permits for each of the lots, building, selling. We're going to have a meeting coming up because it seems like they're also not understanding, despite a couple conversations, what exactly is required to abate a land clearing violation, because they had pulled right-of-way permits, and she thought the right-of-way permits were what we wanted to see to have them improved and then close the case and, obviously, that's not the case. CHAIRMAN KAUFMAN: You would think Kaye Homes would know. MR. HOLMES: You'd kind of think. MS. CURLEY: Is this Kaye Lifestyle Homes? MR. HOLMES: I believe so, yeah. I have -- you know, there's expectation to have a meeting upcoming probably next week to see what it is they don't understand and then make sure it's clear. Whether or not 90 days is going to be sufficient. It probably won't be, but I already advised that even if the 90 days' continuance or extension is granted, they'll probably be having to come back, and they're going to need to attend to make sure that they give you guys everything. MS. CURLEY: Excuse me. How come no one from Kaye's here? MR. HOLMES: The individual that was going to attend had an unexpected hiccup this morning. She had to stay with her child, so... CHAIRMAN KAUFMAN: Well, I'm not for 90 days, I'll say that right off the bat. January 27, 2022 Page 168 MS. CURLEY: And one other question. So they bought the parcel, and it's to -- in entirety and then they split it, or they bought it split up? MR. HOLMES: I believe they bought it after the split -- or they bought it and then split it. They took over the project that the previous individual, I think, was going through. MS. CURLEY: Yeah. MR. HOLMES: And just saw it to fruition. MS. CURLEY: So they knew they inherited this? MR. HOLMES: They knew about it, yeah. They started contacting me once they purchased, so... CHAIRMAN KAUFMAN: I'd be willing to give them a continuance for 30 days, but that's as far as I'd go. MR. HOLMES: Sure. CHAIRMAN KAUFMAN: Personally. MR. HOLMES: I'll let them know. I told them that there's no guarantees and them not being here isn't acceptable. CHAIRMAN KAUFMAN: I mean, the trees aren't going to grow in 90 days. They removed the vegetation -- MR. RUBENSTEIN: They're a builder. They know what they're -- CHAIRMAN KAUFMAN: You're right. MS. CURLEY: Well, there's a lot of people at that company, and somebody could have come today. CHAIRMAN KAUFMAN: And the other alternative, if I -- I haven't made the motion yet. MS. CURLEY: Wait. We've got a hand over here. Jeff? CHAIRMAN KAUFMAN: Yes. What do you want? MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. Since they requested this -- it's kind of weird that the county's January 27, 2022 Page 169 actually representing them here. I would be more comfortable telling them to ask for an extension next month when somebody can be here and they can represent theirselves a little bit better than the county is representing -- even though Brad's doing a very good job, it would probably be a lot better if they were here, I mean, just before you guys made a decision. I don't know about the county pulling this, because we're not the ones that brought this here for this meeting, but it's just a suggestion. MR. WHITE: Mr. Chairman, one of the options I think the Board has is you could move to just table it for 30 days. CHAIRMAN KAUFMAN: Or we can hear it. MR. WHITE: Or you can decide -- whichever you prefer. CHAIRMAN KAUFMAN: We can hear the case right now. MS. CURLEY: Let's hear it. There's a lot of people in that company. MR. WHITE: I don't believe it's scheduled for imposition, if that's what you're suggesting. MR. LETOURNEAU: No, I think -- CHAIRMAN KAUFMAN: We haven't heard the case. MR. HOLMES: There's an order -- MR. LETOURNEAU: There's an order. They're just asking for a continuance. I mean, as the representative of the county, I would be more willing to let them come back next month when they can actually represent theirselves rather than having Bradley represent theirselves. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So I have a question. So the order was to the Vertas, LLC, right? Am I on the right one? This was the former owner? MR. WHITE: Number 1 on motion for extension. MS. CURLEY: Yeah, I know. I'm scrolling through the January 27, 2022 Page 170 document. I'm on a packet that's 16 pages long. So I see where the -- I just wanted to know if Vertas, LLC, was the former owner before. MR. HOLMES: That's correct. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: Well, you cited on a code violation KSWFL Homes; is that correct? MR. HOLMES: They weren't originally cited, no. CHAIRMAN KAUFMAN: Well, I'm just looking on -- (Simultaneous crosstalk.) MS. CURLEY: January 8th. MR. LETOURNEAU: Yeah, but that's -- they're the entity that is coming in for the -- they're the new owners. They're the entity that's coming in for the extension. So that -- their name was put on there. But, obviously, what was it, Veritas was the original property owner that got cited with the original order. MR. HOLMES: Yeah. MS. CURLEY: January 8th, 2021. But, hey, this -- this stipulation's of record and -- for whoever buys it, they know that. MR. LETOURNEAU: Understood. I'm just saying that the county would be more comfortable if they could be here at their own extension request rather than making a decision now. Obviously, it's up to you, but I'm just saying -- MS. CURLEY: Well, okay. So my beef is that Kaye Lifestyle Homes, the person who was supposed to come had an issue, so why didn't Mr. Kaye come or Mr. Kaye's wife or the other nine, 10 people in the office? MR. LETOURNEAU: I can't speak for -- I can't speak for the reason. MS. CURLEY: It's a large enough company that somebody would have filled in and showed up. So I don't like that they didn't January 27, 2022 Page 171 show up. CHAIRMAN KAUFMAN: I don't like it either, but I'm willing to grant a 30-day continuance. And when they come here in one month -- and if they don't show here in one month, that wouldn't be very prudent on their part. MR. LETOURNEAU: Agreed. MS. ELROD: Okay. I'll second that. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay, Bradley. MR. HOLMES: Enjoy your afternoon. MS. CURLEY: They inherit the stipulation and everything. CHAIRMAN KAUFMAN: Anybody have anything they'd like to -- MR. AYASUN: Are there any penalties for not showing up? CHAIRMAN KAUFMAN: Yeah. We hear the case, and whatever we decide, if there's nobody to talk on the other side of the issue, they don't stand a real good chance of being exonerated. MR. AYASUN: See, we made it. We're here with our very high salaries here. MR. WHITE: As part of a general discussion, the reason why I recommended or suggested a tabling is to address what otherwise could potentially turn out to be a procedural due process issue, January 27, 2022 Page 172 meaning they weren't here, and there were unforeseen circumstances that kept them from being here. CHAIRMAN KAUFMAN: Okay. MR. WHITE: So for -- in order to be inequitable, if you just table it -- the continuance is fine, but just as a matter of discussion. CHAIRMAN KAUFMAN: One quickie. Notification was -- put that on the record, please. MS. CURLEY: "It" was here, not "they." It's an entity. MR. WHITE: According to the records -- MS. BUCHILLON: Respondent was notified regular and certified mail 12/20/21, and it was posted at the property and courthouse 1/10/22. CHAIRMAN KAUFMAN: Okay. That's fine. As long as that's on the record, then. MR. WHITE: Correct. And it's an LLC, and Stuart Kaye and Catherine Kaye are each authorized members, which means they are owners of the LLC. CHAIRMAN KAUFMAN: Right. MR. WHITE: There is no manager or managing member shown. That would be something you find detailed in their operating agreement. CHAIRMAN KAUFMAN: Okay. If there's no other discussion, we are adjourned. MS. BUCHILLON: No, no, no. We have one more case. We have one more case in imposition of fines. CHAIRMAN KAUFMAN: Oh. I rescind what I just said. MS. BUCHILLON: Number 10, CESD20200004952, All Building and Maintenance, LLC. Respondent was notified regular and certified mail on 12/20/21, and it was also posted at the property and courthouse 12/15/2021. (The speaker was duly sworn and indicated in the affirmative.) January 27, 2022 Page 173 MR. MUCHA: I do. CHAIRMAN KAUFMAN: Okay. Joe? MR. MUCHA: Okay. For the record, Joseph Mucha, supervisor, Collier County Code Enforcement. Past order: On November 20th, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5874, Page 359, for more information. On March 25th, 2021, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents and Images for more information. The violation has not been abated as of January 27th, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from February 19th, 2021, to January 27th, 2022, 343 days, for a total fine amount of $68,600. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing is $59.56, for a total fine amount of $68,659.56? CHAIRMAN KAUFMAN: Helen, could you state on the record the notification since they're not here. MS. BUCHILLON: Yes, I did, at the beginning when I said the case. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: So just a little background on this, too. The permit was expired. Made contact with the gentleman yesterday, and he went and extended the permit, but this has been his pattern. He just keeps extending the permit. No inspections have ever been done. CHAIRMAN KAUFMAN: I make a motion we impose the January 27, 2022 Page 174 fine. MS. CURLEY: I'll second that. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: I'm sorry. CHAIRMAN KAUFMAN: Do you have a question? I said impose the fine. MR. RUBENSTEIN: My question is, can the daily fine be changed from 200 to a different number? MS. CURLEY: No. CHAIRMAN KAUFMAN: No, no. It is what it is. MR. RUBENSTEIN: Okay. MR. AYASUN: I second the motion. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Well, I already seconded. MR. AYASUN: I'm sorry. CHAIRMAN KAUFMAN: We have two seconds. Okay. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUCHA: Thank you. MS. BUCHILLON: Don't adjourn yet. CHAIRMAN KAUFMAN: So no more excuses. MS. CURLEY: Motion to adjourn. CHAIRMAN KAUFMAN: Pardon? Can I say we're adjourned now? January 27, 2022 Page 175 MS. BUCHILLON: No, no, no. MR. WHITE: Mr. Chairman? MR. LETOURNEAU: One more. MS. BUCHILLON: The request to forward cases to the attorney's office. MS. CURLEY: I make a motion to forward the Code Enforcement Division cases dated January 27th, 2020 [sic], to the County Attorney. MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. CURLEY: Just a bookkeeping. It says Page 1 of 2. We only got one page. MS. BUCHILLON: Yeah, Page 2 doesn't have anything on it. MS. CURLEY: Okay. All right. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Thank you. CHAIRMAN KAUFMAN: We'll see you all in February. MS. BUCHILLON: Twenty-fourth. CHAIRMAN KAUFMAN: If anybody wants to send me a birthday card, my birthday is February 5th. MS. BUCHILLON: Adjourn? CHAIRMAN KAUFMAN: What? January 27, 2022 MS. BUCHILLON: We're adjourned? CHAIRMAN KAUFMAN: We're adjourned, yes. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1 :50 p.m. CO ENFORCEMENT BOARD ROBERT A FMAN, CHAIRMAN These minutes approv d by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, RPR, FPR-C, COURT REPORTER AND NOTARY PUBLIC. Page 176