CESM Minutes 03/18/2022 March 18, 2022
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MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, March 18, 2022
LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted
business herein, met on this date at 10:00 AM in REGULAR SESSION in Administrative
Building “F,” 3rd floor, Collier County Government Complex, Naples, Florida, with the
following persons present:
SPECIAL MAGISTRATE: Honorable Brenda C. Garretson
ALSO PRESENT: Michael Ossorio, Code Enforcement Director
Jeff Letourneau, Manager of Inspectors
Helen Buchillon, Administrative Secretary Code Enforcement
March 18, 2022
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Any person who decides to appeal a decision of the Special Magistrate will need a record of the
proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Neither Collier County nor the Special Magistrate shall be responsible for providing this record.
I. CALL TO ORDER-SPECIAL MAGISTRATE BRENDA GARRETSON PRESIDING
The Honorable Special Magistrate Brenda C. Garretson called the Hearing to order at 10:15 A.M. All
those testifying at the proceeding did so under oath.
II. Pledge of Allegiance
The Pledge of Allegiance was recited.
III. APPROVAL OF AGENDA
Special Magistrate Garretson approved the Agenda.
IV. APPROVAL OF MINUTES
None
V. MOTIONS
A. MOTION FOR CONTINUANCE
None
B. MOTION FOR EXTENSION OF TIME
None
VI. STIPULATIONS
See Item VII.A.1
VII. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CEN20220000628
OWNER: NAPLES 2.0 LLC
OFFICER: Eric Short
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article IV, Section
54-92(b)(1). Readings from a calibrated sound level meter exceeded the
allowable decibel level for an affected residentially zoned property set in Table
1, Section 54-92, Article IV Noise, of the Collier County Code of Laws and
Ordinances.
FOLIO NO: 29830040004
PROPERTY ADDRESS: 2880 Becca AVE, Naples, FL 34112
The parties announced they reached an agreement via a Stipulation.
Speakers
Angie Komarowski requested clarification on when the sound barriers will be installed with Mr.
Short noting he will be conferring with the Respondent’s sound engineer to determine the most
optimal locations for the materials.
Alan Crum expressed concern the stipulation does not reference the size of any speakers allowed
to be utilized on the site.
George Dougherty noted the sound levels have been lower over the past couple of months and
recommended the street for which the speakers are to be directed be identified in the
documentation.
March 18, 2022
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Supervisor Short requested the hearing.
John Silverfield, the Respondent’s attorney was present.
The Stipulation was entered into by the owner’s representative John Silverfield on March 18,
2022. The repeat violation noted in the referenced Notice of Violation are accurate and Naples
2.0 LLC, stipulates that on January 22, 2022, Code Enforcement recorded a live source reading
above the allowable decibel level, and that Naples 2.0 LLC has been properly notified pursuant
to Florida Statute 162.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation was
ordered to:
1. Pay Operational Costs in the amount $111.80 of incurred in the prosecution of this case by
April 18, 2022.
2. Pay a fine in the amount of $250.00 by April 18, 2022.
3. Naples 2.0, LLC shall see to, and ensure that an amendment to the Amplified Sound Permit
PL20180003242 (“Amended ASP”) is submitted within five (5) business days of March 18,
2022 that removes Celebration Park, LLC as the Permit Owner and names Naples 2.0, LLC as
the lone Permit Holder with total responsibility to the property owner.
4. The Amended ASP shall be active with the following requirements incorporated into the
Amended ASP:
A. Amplified Sound will cease at 9:00p.m. Sunday through Thursday and at 9:30p.m. Friday
and Saturdays.
B. Musical acts will be limited to no more than two (2) vocalists, no more than one (1) drum
set.
1) Naples 2.0, LLC has the ability to apply for a Temporary Use Permit for special events
that may deviate from these requirements.
C. There will be a limit of (2) speakers for Amplified Sound and the direction of the speakers
shall be facing downward and towards the street and not toward residential properties.
D. A representative of Naples 2.0, LLC will perform nightly sound level checks prior to, or at
the beginning of any musical act and the sound volume, once checked by the
representative shall not be adjusted to a higher level. Naples 2.0, LLC will keep a log of
the date of musical event, time of sound level checks, level of sound and the identity of the
producer of the amplified sound and such log will be available for inspection by Code
Enforcement upon request.
E. Naples 2.0, LLC shall install sound barriers/absorbers (Echo Barriers) to buffer the sound
around the waterway and the location of the barriers shall be noted on the aerial footprint
submitted as part of the Amended ASP.
F. Pursuant to Sec. 54-92(g)(7), the related Sound producing activity and the status of the
mitigation efforts set forth herein may be reviewed to ensure compliance by Code
Enforcement.
5. In addition to the above-mentioned terms for the Amplified Sound Permit, Naples 2.0 LLC
shall hire an independent sound engineer and Code Enforcement Noise Section will meet with
their expert to collaborate and Naples 2.0, LLC shall incorporate all reasonable, achievable
and permissible recommendations by their sound expert.
6. Naples 2.0, LLC shall instruct all visiting musicians of the applicable noise level limits
required by code and restrictions required by the permit.
7. Naples 2.0, LLC will abide by the terms of the Collier County Noise Ordinance as may be
amended from time to time.
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8. It is strongly recommended that Naples 2.0, LLC management team participate in a classroom
setting offered by 3M Quest Comnoise, instructed by Doug Price at 2800 Horseshoe Drive
North within three months.
Total Amount Due: $111.80
B. EMERGENCY CASES
None
VIII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
None
IX. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
None
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
X. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS
ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
None
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED
IN SUBMITTED EXECUTIVE SUMMARY.
None
C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON
CASES REFERENCED IN SUBMITTEDEXECUTIVE SUMMARY.
None
XI. REPORTS
None
XII. NEXT MEETING DATE – APRIL 1, 2022, at 9:00 a.m.
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 10:50 A.M.
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March 18, 2022
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
‘fN4A-04.-
Brenda C. Garretson, Special Magistrate
The Minutes were aped by the Special Magistrate on 1 , rob' 2
as presented , or as amended
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