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CEB Minutes 04/25/2022 April 25, 2022 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, April 28, 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 John Fuentes Danny Blanco Chloe Bowman Sue Curley Lee Rubenstein Kathleen Elrod (Excused) Tarik N. Ayasun (Excused) ALSO PRESENT: Helen Buchillon, Administrative Secretary, Code Enforcement Elena Gonzalez, Code Enforcement Specialist Jeff Letourneau, Manager of Investigations Patrick White, Attorney to the Board April 25, 2022 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. Notice: Respondents may be limited to 20 minutes in case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so 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. If we'd all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Which brings us to the roll call. MS. BUCHILLON: Yes. Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Mr. Danny Blanco? MR. BLANCO: Here. MS. BUCHILLON: Ms. Chloe Bowman? MS. BOWMAN: Here. MS. BUCHILLON: Ms. Sue Curley? MS. CURLEY: Here. MS. BUCHILLON: Mr. Lee Rubenstein? MR. RUBENSTEIN: Here. MS. BUCHILLON: And John Fuentes is running a little late. April 25, 2022 Page 3 And Tarik and Kathleen are excused. CHAIRMAN KAUFMAN: Okay, great. Next on the agenda is the approval of the minutes. Anybody have any changes to the minutes from last meeting? (No response.) CHAIRMAN KAUFMAN: Hearing none, the minutes will be accepted. Which brings us to the agenda. MR. WHITE: Point of order, Mr. Chairman. CHAIRMAN KAUFMAN: Yes. MR. WHITE: Code Enforcement Attorney Patrick White, for the record. At last month's meeting, I'm not sure if this would go under Item 10 and we'd move it forward before the next item, our Roman Numeral V. But as you may recall, we had a Form 8B recusal for voting based on an appearance of a conflict for Board Member Mr. Blanco. And I now have in my possession the original of the Form 8B. I believe you've all been provided a copy as per the record. And so I just simply at this point in time want to acknowledge that that's taken place in compliance with the statute, and the original will be provided to our minute keeper. CHAIRMAN KAUFMAN: Okay. Great. Which brings us to the agenda where Helen is quickly going through the cases that have been resolved already. Take your time. We're not going anywhere. MS. BUCHILLON: Okay. Changes to the agenda, we have some stipulations. First stipulation, No. 6, CESD20210010942, Thomas S. Green and Signe L. Green. Next stipulation, No. 2, CESD20200011642, Branislava Cirakovic. April 25, 2022 Page 4 Number 3, CESD20200011643, Branislava Cirakovic. Next stipulation, No. 5, CESD20220001497, Bonatiel Dorillas and Labanette Dorillas. Next stipulation, No. 7, CESD20210005211, Charles S. Miller and Kathleen A. Miller. And those are all the stipulations for now. CHAIRMAN KAUFMAN: Okay. Next would be the ones that are no longer on the agenda. MS. BUCHILLON: And under public hearings, D, hearings, No. 9, CESD20210012181, has been withdrawn due to compliance efforts. And those are all the changes. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the agenda as modified. MR. BLANCO: Motion to accept. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: (Absent.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We're going to start out with the stips? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Number 6. MS. BUCHILLON: Yes. First stipulation, No. 6, April 25, 2022 Page 5 CESD20210010942, Thomas S. Green and Signe L. Green. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. JOHNSON: I do. CHAIRMAN KAUFMAN: Good morning, John. Do you want to read the stipulation into the record for us? MR. JOHNSON: Yes. Good morning. For the record, John Johnson, Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the dock/deck structure within 120 days of this hearing, or a fine of $250 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; and, Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Any comments, questions from the Board? MS. CURLEY: No. CHAIRMAN KAUFMAN: Motions? MS. CURLEY: I'll make a motion to accept the stipulation as April 25, 2022 Page 6 written. MR. BLANCO: Second. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, John. MR. JOHNSON: Thank you. MR. WHITE: I'd just note for the record the respondent's not present. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next stipulation, No. 2, CESD20200011642, Branislava Cirakovic. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. JOHNSON: I do. Hello again. CHAIRMAN KAUFMAN: Good morning again, John. You look very familiar. Do you want to read the stipulation into the record for us? MR. JOHNSON: Yes, sir. For the record, John Johnson, Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: April 25, 2022 Page 7 Number 1, pay operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted alterations within 120 days of this hearing, or a fine of $250 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; and, Number 4, that if the respondent fails for 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. Any comments or questions or motions from the Board? MS. CURLEY: Is the owner here? MR. JOHNSON: The owner is not here. MR. WHITE: And I would just note as well, Mr. Chairman, for the record that we have an electronic signature on the document, and I believe staff has some information to add regarding how that was authenticated and verified. MR. JOHNSON: Yes. We can show that if we need. It's in the record. It's a certificate of authenticity of the digital signature. MS. BUCHILLON: They have a copy of it, you guys. MR. JOHNSON: Oh, you guys see it. Okay. MR. WHITE: That was simply my point. Thank you. MS. CURLEY: I just notice that the first complaint was over, like, a year and a half ago. So I was just wondering, did it take pulling the case to the Board to get action? April 25, 2022 Page 8 MR. JOHNSON: Actually, no, but that's a good point. The initial finding of a violation by Mr. Walsh gave them two methods to possibly come into compliance. One was return the structure to its permitted state. The other was to go ahead and get approvals for what they had done, which included to rezone this lot from single-family to multifamily and that, obviously, failed after a lot of work. It basically came down to the square footage of the lot. So now they went to Plan B, and they've got engineer drawings. They've already started the demo on part of the stuff that has to be taken out. So they have been working along but, yes, it took too long, too long. (John Fuentes is now present.) MS. CURLEY: Okay. Thanks. That's all I needed to know. MR. JOHNSON: Okay. MS. CURLEY: I'll make a motion to accept the stipulation as written. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion, and we have a second. All those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. We have another one. Can you tell us the difference between the first one and the second one? MR. JOHNSON: The Case No. 3 at the end of the number April 25, 2022 Page 9 instead of 2 and the address. These are actually side-by-side addresses, nearly identical properties. Same owner, same issues. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: That's why they were trying to rezone it. CHAIRMAN KAUFMAN: Do you want to read this one into the record for us, John? MR. JOHNSON: Sure. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. JOHNSON: I do. For the record, John Johnson, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number one, pay operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted alterations within 120 days of this hearing, or a fine of $250 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; and, Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. As in the last case, let the April 25, 2022 Page 10 record reflect that the respondent is not present. Any comments or motions from the Board? MS. BOWMAN: Make a motion to accept the stipulation as written. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. JOHNSON: Thank you. CHAIRMAN KAUFMAN: Number 5. MS. BUCHILLON: Next stipulation, No. 5, CESD20220001497, Bonatiel Dorillas and Labanette Dorillas. THE COURT REPORTER: Do you swear or affirm that you will translate everything from English to Creole and Creole to English to the best of your ability? MS. CASSANDRA DORILLAS: I do. THE COURT REPORTER: Can you state your name. MS. CASSANDRA DORILLAS: Cassandra Dorillas. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. PITURA: Good morning. For the record, Thomas Pitura, Collier County Code Enforcement. April 25, 2022 Page 11 Therefore, it is agreed between the parties that respondents shall: One, pay all 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 certificates of completion/occupancy for the interior remodeling within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; 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. Can you state your name on the microphone for us, please, whoever's going to speak. MS. CASSANDRA DORILLAS: Okay, yes, Cassandra Dorillas. CHAIRMAN KAUFMAN: Okay. Everybody's been sworn. Okay. You've heard the stipulation you agreed to? MS. CASSANDRA DORILLAS: Yes, we talked about it prior, and we agreed to it. CHAIRMAN KAUFMAN: Okay. And you have 60 days to come into compliance, and if you don't come into compliance after 60 -- after 60 days you're going to be fined $100 a day. So you feel confident that you'll be able to get this done in 60 days? MS. CASSANDRA DORILLAS: Yes, they understand. CHAIRMAN KAUFMAN: They understand. Okay. MS. CURLEY: I just have a question for the county. So this April 25, 2022 Page 12 is kind of a short time. So I just wanted to make sure we don't set them up to fail and not give them enough time to undo what's happening. Are they undoing it, or are they -- if they're going for permitting and stuff, that's not enough time. MR. PITURA: The work has already been done. MS. CURLEY: And removed? MR. PITURA: Yeah. It's already been done. So they're going to go down and talk to Renald today about what it is in order to get. Maybe possibly a final inspection or whatever. I don't know what he's going to require. MS. CURLEY: Ah. CHAIRMAN KAUFMAN: Okay. So you're going to go and talk to Renald Paul and get everything squared away. If you have any problems, you can always come back and work with Code Enforcement to resolve the situation. MS. CASSANDRA DORILLAS: Okay. CHAIRMAN KAUFMAN: So we're going to vote now to accept what you've accepted now, okay. Any motion from the Board? MR. FUENTES: Motion to accept the stipulation. CHAIRMAN KAUFMAN: We have a motion to accept the stipulation. Do we have a second? MR. BLANCO: Second. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. BLANCO: Aye. April 25, 2022 Page 13 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Tom. MR. PITURA: Thank you. MS. CASSANDRA DORILLAS: Thank you. MR. DORILLAS: Thank you. MS. DORILLAS: Thank you. CHAIRMAN KAUFMAN: Next stipulation is No. 7. Did you lose a case? MS. BUCHILLON: Did I -- yes. CHAIRMAN KAUFMAN: Misplaced it? MS. BUCHILLON: We actually have a change to the agenda. CHAIRMAN KAUFMAN: Before we hear Case 7? MS. BUCHILLON: It's up to you. CHAIRMAN KAUFMAN: Okay. Well, okay. Why don't you give us change. MS. BUCHILLON: Under imposition of fines, No. 3, CELU20200010724, has been withdrawn. CHAIRMAN KAUFMAN: Okay. Can we get a motion from the Board to accept the agenda change. MR. BLANCO: A motion to accept the change. CHAIRMAN KAUFMAN: And a second? MR. FUENTES: Second. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. April 25, 2022 Page 14 MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Thank you. Next stipulation, No. 7, CESD20210005211, Charles S. Miller and Kathleen Miller. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUSSE: I do. CHAIRMAN KAUFMAN: Let the record show the respondent is not present. MR. MUSSE: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. MUSSE: For the record, Investigator Jonathan Musse, Collier County Code Enforcement. It is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Abate all violations by: Obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion for the boat canopy within 90 days of this hearing, or a fine of $100 per day will be imposed until the violation has been abated; Respondent must notify the Code Enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance; 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 April 25, 2022 Page 15 Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. When did they sign the stipulation? MR. MUSSE: Yesterday. CHAIRMAN KAUFMAN: Okay. So they're not here today. No problem. Okay. Any questions or motions from the Board? MS. CURLEY: I just have a comment on the notice. So the notice on the last item, No. 2 or -- No. 2, it's citing 2007 FBC. I think we need to get that template updated. It's our Packet Page 37. It says, must obtain all inspections and certificate of occupancy or certificate of completion as required in the 2007 Florida Building Code, and I know that's not the right year. CHAIRMAN KAUFMAN: Jeff, do you understand? MR. LETOURNEAU: I'm sorry. What was -- MR. WHITE: The violation took place at a point in time where the 2007 building code -- CHAIRMAN KAUFMAN: '7 code was valid. MR. WHITE: It may have been. I'm looking to see that be verified on the record if that's the case. MS. CURLEY: That would have been 10 years. MR. WHITE: I understand. MS. BOWMAN: That code would carry forward for 10 years. MR. MUSSE: It has been updated, the same language. It's just the year. It's more than likely a clerical error on the NOV. CHAIRMAN KAUFMAN: Okay. We have a stipulation. MR. WHITE: So to correct the record, it's 2017? MR. MUSSE: I'm sorry. The date of the violation? MR. WHITE: No. The FBC, the Florida Building Code edition. April 25, 2022 Page 16 MS. CURLEY: 2020. MR. MUSSE: Yeah. I think it's 2020, yeah. MR. WHITE: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. We have a stipulation. Do we have any comments or motions from the Board? MR. BLANCO: Make a motion to accept. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUSSE: Thank you. CHAIRMAN KAUFMAN: That takes care of all the stipulations for this morning, Helen? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: We're going to speed off into the hearings. And we have more speakers. MS. BUCHILLON: Next case under hearings, No. 11, CELU20210011568, Cornerstone United Methodist Church, Inc. CHAIRMAN KAUFMAN: I have four speaker slips for this item we will hear after testimony of the respondents and the county. MS. BUCHILLON: Okay. CHAIRMAN KAUFMAN: Good morning. Is the respondent present? April 25, 2022 Page 17 THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PULSE: I do. MS. PASSIDOMO: I do. MR. SILVERSTEIN: I do. PASTOR TERRY: I do. MS. PASSIDOMO: Good morning, respondent on behalf of Cornerstone Church. For the record, my name's Francesca Passidomo with Coleman, Yovanovich & Koester. With me today is Eric Silverstein and Pastor Terry. Quickly, just to put into the record a few facts. My client was first -- well, over -- big picture -- CHAIRMAN KAUFMAN: Hold on. The county goes first. Then you respond to their -- ask questions, et cetera, okay? MS. PASSIDOMO: Sure. I just wanted to introduce myself and the case, but if it's procedurally better for the county to go first, I'll respond. MR. LETOURNEAU: Mr. Kaufman, I do believe that Ms. Passidomo was going to ask for a continuance; am I correct about that? MS. PASSIDOMO: I was, and I needed to give the background for the reasoning behind that -- supporting that request. CHAIRMAN KAUFMAN: Is the county familiar with asking for the continuance? MR. LETOURNEAU: Well, the county at this point would object to any continuance, but I wouldn't be -- I wouldn't mind her going first and presenting her reasons why she wants a continuance rather than getting into the meat and potatoes of the hearing if you guys are going to grant the continuance. CHAIRMAN KAUFMAN: Okay. Well, that's why I wanted April 25, 2022 Page 18 to have the county go first and then the respondent, so that we don't get into a bunch of details before. MR. LETOURNEAU: Okay. That's fine. Dee can present it. CHAIRMAN KAUFMAN: Okay. So give us a little insight into what we're doing today. MS. PULSE: Okay. For the record, Dee Pulse, Collier County Code Enforcement. This is in reference to Case No. CELU20210011568 dealing with the violation of the Collier County Land Development Code 04-41 as amended, Section 1.04.01.A and Section 2.02.03, prohibited uses located at 8200 Immokalee Road, Naples, Florida, 34119. Folio 51147000365. Personal service was given on February 14th, 2022. Our office received a complaint for cars being parked at the church property that are blocking entrance and exit from Ibis Cove. Research and on-site inspections revealed the vehicles belonged to school students from Gulf Coast. I discussed with the church and was advised church has an agreement with the school and written agreements signed by students which allow them to use church parking area while at school due to the school does not have sufficient parking for them. I was advised there was approximately 130 student agreements with the church. Students enter and exit via Ibis Cove community and cause traffic issues and blocks Ibis Cove residents exiting the community. I also observed while on site inspection, vehicles are coming to the property to pick up their students as well. I observed a minimum of 27 vehicles that day. It was determined by the zoning division there have been no county approvals for this activity, and an insubstantial change of the Site Development Plan would be needed for this activity to continue. As of April 27th, 2022, the activity remains. April 25, 2022 Page 19 CHAIRMAN KAUFMAN: Okay. We kind of get the gist of what's going on now, so if you would. MS. PASSIDOMO: Sure. MR. WHITE: If I may, Mr. Chairman. CHAIRMAN KAUFMAN: Yes. MR. WHITE: Just a point of procedural order. A motion for continuance before this board is typically required to be filed under your rules 10 days beforehand and typically in writing. I just want to make sure that you're aware of that -- CHAIRMAN KAUFMAN: Yes. MR. WHITE: -- and all the board members understand that. CHAIRMAN KAUFMAN: We didn't get to that point though yet, Counselor. It's not on the agenda for that, so... MR. WHITE: I understand. You have an oral motion, as I understand it, that's going to be proffered today by counsel for the respondent of a motion to continue, and my point simply is that from my perspective it's untimely relative to your rules. CHAIRMAN KAUFMAN: Okay. Okay. So with all that said... MS. PASSIDOMO: Sure. CHAIRMAN KAUFMAN: Ms. Passidomo, the floor is yours. MS. PASSIDOMO: I'll quickly present our case and then explain the evolution of why we would be requesting a continuance today and why it would be done today and not 10 days ago. So, overall, this arrangement has been ongoing for 16 years. The parcel where the church is located under the zoning document is approved for cultural facilities including schools, public, private, parochial, in addition to a church, daycares. So the nature of what's going on here was contemplated as far as exiting through Ibis Cove. The actual plan for the zoning where the church is located has an access point, and its only access point is Ibis Cove, and a church April 25, 2022 Page 20 could be there today. I mean, a school could be there. A church is there today. The arrangement with the school, as I mentioned, has been 16 years ongoing. Students come in and walk to the school, so there's no interconnection required vehicularly. The reason I'm here today and asking for a motion for continuance is because, in my opinion, the notice that was provided to the church, my client, was defective. It didn't cite with particularity what I'm violating. Everything that I'm seeing right now, I'm not understanding exactly what it is I have violated based on the Planned Unit Development document, the master plan for that document, and the fact that this arrangement has been in place for over 16 years. The church is obviously helping the school's parking deficiencies. I was also -- so not only was I not properly cited, I don't -- I wasn't given a reasonable opportunity to cure. I was given notice first in February and then brought to hearing here today. So I was given a 30-day cure period under something where I'm being told on one hand that I might need a whole PUD amendment. Obviously, the school, the students, and the parents of those students are relying on a 16-year relationship. If I need to do something to come into compliance, we need to talk to the school district about how its exemptions come into play here. We need to understand how churches' exemptions come into play here. None of that's been vetted, and none of that's been communicated to me or the church. I'm asking for a continuance merely to have a meeting of the minds with the county to understand exactly what we need to do, if anything. CHAIRMAN KAUFMAN: Okay. One question: The complaint seems to be that the people from Ibis can't get in and out; April 25, 2022 Page 21 is that correct? MR. LETOURNEAU: Out. CHAIRMAN KAUFMAN: They can't get out. MS. PASSIDOMO: That's my understanding. As I mentioned, the exit point from the church property is shown on the master plan from a zoning standpoint, and it could have been a school. So the trips that are egressing were contemplating -- contemplated, excuse me, at the zoning level. If there are actual conflicts happening, we can talk operationally with the county, and that could be part of that meeting that I want to have. But from my perspective, this was all contemplated at the zoning level approved by the Board of County Commissioners. CHAIRMAN KAUFMAN: Thank you. My question is: Is there a problem with the people exiting Ibis Cove? MS. PASSIDOMO: Anecdotally, there are people in Ibis Cove who have called the county and said that they have problems between the 30 minutes of exit from the church property. CHAIRMAN KAUFMAN: And has the -- both parties been together to discuss this prior to today? MS. PASSIDOMO: Not to my knowledge. No. MS. PULSE: The complainant has discussed -- I don't want to butt in. CHAIRMAN KAUFMAN: Go ahead. MS. PULSE: The complainant has discussed it with the school and the church before she even brought it to Code Enforcement. CHAIRMAN KAUFMAN: Okay. We also have slips from four people who want to speak on this item. MR. FUENTES: I have a question. CHAIRMAN KAUFMAN: Sure. MR. FUENTES: Have you guys done anything in the meantime to kind of remedy the situation? I know you said you had April 25, 2022 Page 22 30 days' notice; it wasn't sufficient amount of time. But perhaps maybe parking assistants, some type of parking guard, someone that maybe the church is willing to bring on board to help facilitate the parking situation to, you know, alleviate some of the members -- or the residents of this community. MS. PASSIDOMO: Sure. Well, first, all of the parking is marked. So as far as circulation on site, that's all kind of been accommodated for. The exiting itself, I believe, was documented through zoning, but if we -- if meeting with the residents would be productive as far as discussing what that time period would be and how we can have, you know, a yielding process, something that would be operationally effective for both parties, obviously, the church wants that and wants the safety of everybody involved. So that is absolutely not off the table. One thing -- MR. RUBENSTEIN: I have a question. MS. PASSIDOMO: -- that the church has put into place is there was queuing to drop students off through the school site. That's not something that the church really wants happening on their property. I think that was just something that the parents were starting to do habitually. So that -- that the church is committed to, as a matter of today or even prior to today, implementing policies to try to stop that process, because that -- that was never the intent for it to be a drop-off site. CHAIRMAN KAUFMAN: From the 3,000-foot level, I'm looking down. MS. PASSIDOMO: Okay. CHAIRMAN KAUFMAN: You have people who have complained that they can't exit Ibis Cove. MS. PASSIDOMO: Sure. CHAIRMAN KAUFMAN: Okay. And I'm assuming that the April 25, 2022 Page 23 speaker slips here are some of those people. So I think it's proper for them to speak first, and then we can go from there, unless the county wants to do something ahead of time. MR. LETOURNEAU: Okay. Two things -- Terri. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. LETOURNEAU: I do. As far as the people speaking, the county would be more comfortable with them maybe speaking after you guys determine whether or not there's a violation that could have sway on what the penalty might be if you find them in violation. Number 2, I would like to say that I think Ms. Passidomo said the notice of violation might have been a little bit confusing. I have it right here. To me, it seems pretty clear what the -- what we asked them to do. And, No. 3, we did offer a stipulation yesterday, reasonable in my mind, and they did not want to sign it. So that's why we're pretty much here at this moment. CHAIRMAN KAUFMAN: Okay. Lee, you had a question? MR. RUBENSTEIN: Yeah. A couple questions. Do we have an aerial of this? MS. PULSE: Yes, I was going to say -- MR. LETOURNEAU: We do. MR. WHITE: Just a point of order, if I may, Mr. Chairman. CHAIRMAN KAUFMAN: Sure. MR. WHITE: Procedurally, the Board has before it a motion for continuance. If you're going to continue to delve into the meat and potatoes of the case, it sounds as if you may have already decided to deny the motion for continuance. I don't know. But as a matter of procedure, I believe that someone ought consider the respondent's April 25, 2022 Page 24 request to continue this. MR. FUENTES: I make a motion to deny the continuance due to the fact that a stipulation was offered. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. RUBENSTEIN: I'll second that. CHAIRMAN KAUFMAN: We have a second. Okay. Any comments on the motion? MS. CURLEY: I do. Not a comment. I actually have a question that was following John's question about just a logistical thing. So you've been doing this 16 years, so the kids must get, like, a tag for their car because they're allowed to park in the church. I mean, some sort of management of the traffic like that. So I was going to ask, until you provided us with that information, that's -- why are the parents not using the school as a pickup and dropoff, or anyone for that matter? Because we all live here, and we all go through those school zones, and we see these gigantic cars that these parents with five kids have and, you know, you just sort of move out of the way and you make peace with it. But I can understand both sides of the story of these people are working in their cars and not realizing they're blocking traffic when I -- CHAIRMAN KAUFMAN: Excuse me. The motion is to deny the -- MS. CURLEY: Right. MR. WHITE: Continuance. CHAIRMAN KAUFMAN: That's correct. MS. CURLEY: I know. CHAIRMAN KAUFMAN: So all of that would come on if you are going to hear the case, not on this motion. April 25, 2022 Page 25 MR. WHITE: Correct. MS. CURLEY: But he's basing his motion on the fact that they denied the stipulation. CHAIRMAN KAUFMAN: He's basing his motion on what he believes is the proper thing to do, and he has a second on the motion. MS. BOWMAN: Okay. Let's vote. MR. WHITE: I would simply indicate as -- MS. CURLEY: So no comments on the motion, then? MR. WHITE: I would simply indicate, as I had previously, that the motion is also untimely relative to your rules, regardless or in addition to Mr. Fuentes' comment about a stipulation having been offered. It, at this point, is a continuance that's, you know, after the window is closed. CHAIRMAN KAUFMAN: The argument would be whether the notification to the respondent was proper. MR. WHITE: That's up to them if they choose to appeal -- CHAIRMAN KAUFMAN: Right. MR. WHITE: -- or request a rehearing as your rules otherwise and the law otherwise provides for. But at this point the request for a continuance, in my opinion, in addition to what the vice chair said, is that it was, as I'd advised you earlier, it's untimely. CHAIRMAN KAUFMAN: Okay. So we have a motion and a second. Any other comments on the motion? Go ahead. MS. BOWMAN: I mean, it's going to be appealed. If this gets denied, they're going to end up appealing this whole thing. We're going to end up back in the same situation. It's a premature motion. MR. FUENTES: It may not be premature considering the fact a stipulation was offered, and it seems like it was brought to their attention -- MS. CURLEY: Yeah, but we don't know what the stipulation was. April 25, 2022 Page 26 MR. FUENTES: We don't, we don't, but we do know, according to some of the residents here, they did talk to the church prior to -- CHAIRMAN KAUFMAN: It could be that the case does not -- we don't find a violation, and then it's all done. MR. WHITE: Or you could choose to give them 36 months to come into compliance. You're talking about things that haven't -- I'm sorry, Mr. Fuentes. One at a time on the record, please, if I may, sir. Thank you. And so all I'm trying to do is keep you in order. CHAIRMAN KAUFMAN: No, I understand. MR. FUENTES: At this time we've exceeded that window for the continuance. MS. CURLEY: Let's vote. CHAIRMAN KAUFMAN: And the continuance has to be filed 10 days prior, et cetera. So it's a valid motion. It's a valid second. All those in favor? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Those opposed? MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: So, believe it or not, we're 3 and 3. The motion fails. Okay. Do you agree, Counselor? MR. WHITE: Yeah. CHAIRMAN KAUFMAN: Okay. MR. WHITE: You've got to have a majority. MS. PASSIDOMO: It's worth noting quickly that the stipulation was rejected merely, again, on procedural grounds that I April 25, 2022 Page 27 still am not clear on whether the school district has been approached, what specifically as far as LDC sections I would be violating, and whether the PUD has been reviewed as far as the use consistency. It's merely on procedural grounds. Because it was presented to me yesterday, I didn't -- the 10 days would be an impossibility. So I needed to respond, if you're making your vote on that basis. I didn't want to interrupt in the middle of the vote. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Procedurally, again, Mr. Chairman, and I apologize for -- CHAIRMAN KAUFMAN: That's okay. MR. WHITE: -- interjecting, is there a motion to accept the continuance? Because at this point, you have denied or, for lack of approval, the denial. So I believe, procedurally, it would be appropriate to consider an alternative motion -- CHAIRMAN KAUFMAN: Okay. MR. WHITE: -- on the continuance request only. MS. CURLEY: So I would like to make a motion. CHAIRMAN KAUFMAN: Go ahead. MS. CURLEY: I feel like this is a little bit too rushed. The violation was February 22. You said that the complainant's talked to the school district and you and them, and they said no, and where's the school district? And there's a lot of moving parts here, so I make a motion to extend this 60 days. MS. BOWMAN: An extension or a continuance? MR. WHITE: The motion is to continue the case for 60 days? MS. CURLEY: Sixty days. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? MR. BLANCO: Just some comments on the motion. And my April 25, 2022 Page 28 reason for objecting to the previous motion was just that, you know, we're talking about 130 kids that are parking on that property, and I believe there needs to be further discussion between the county, the school district, and the respondent to kind of, you know, come up with a plan or at least, you know, some sort of agreement. You know, what are you going to do with 130 kids after that happens? So I agree with your motion, Sue, to continue this for 60 days. This is not a health-and-safety issue. As the attorney for the respondent mentioned, it's only 30 minutes in the morning, 30 minutes in the afternoon. MR. LETOURNEAU: I would argue with that point, that it could be health-and-safety issue due to the fact, what if somebody had a medical issue back in that subdivision and had to wait -- and I think 30 minutes is being kind of unreal. I think it's longer than 30 minutes. They have to wait for these kids to come out there for 30 minutes, an hour. That could be the difference between life and death at some point for somebody having a medical issue back in that subdivision. MS. CURLEY: In the meantime, Hillsborough [sic] County School District can work with the parents to have them pick their children up at the school, and if they've had a parking overflow issue for 16 years, now might be the time for the county to investigate a resolution and not put the blame on that church. No good deed goes unpunished. MR. LETOURNEAU: Well, the blame has to be on the church because they're allowing the unapproved activity to occur on their property. We offered them a 90-day stipulation, which I thought was more than fair. It would get this thing resolved before the next school year became -- MR. BLANCO: Mr. Chairman, if we may -- (Simultaneous crosstalk.) April 25, 2022 Page 29 MR. BLANCO: Would we be able to see an aerial of the -- MR. WHITE: Point of order, Mr. Chairman. CHAIRMAN KAUFMAN: Yes. MR. WHITE: I hate to repeat myself, but on Terri's behalf, I'd encourage the Board members to only speak one at a time and have them be recognized by the Chair in order that they request to speak. MR. BLANCO: Mr. Chairman, if I might be recognized. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: I don't know if we would be able to or not, to see an aerial before we -- because we're not hearing the actual case. MS. BOWMAN: We're not going to hear the whole case. MS. CURLEY: Just visualize it. CHAIRMAN KAUFMAN: Well, let me say this: I think before anything else, I think we should hear to the public -- hear from the public who have come here today to speak on the issue. So why don't we hear that and then decide what we're going to do. MS. PASSIDOMO: You're on a motion -- MR. WHITE: Simply because you have a motion on the table to be considered, and if that motion passes, those people will have their opportunity to speak when it's heard 60 days hence, and to put that information in a continuing dialogue between respondent, the county, and the Board members is not appropriate -- CHAIRMAN KAUFMAN: Okay. So -- MR. WHITE: -- unless the matter is going to be heard fully today. CHAIRMAN KAUFMAN: So we had a motion initially to deny the -- MR. WHITE: Continuance. CHAIRMAN KAUFMAN: -- ability to move it forward, and now we have a motion to grant that. MR. WHITE: Correct. April 25, 2022 Page 30 CHAIRMAN KAUFMAN: Okay. I'm going to call for that question, but I'm going to wait for -- MS. BOWMAN: I've seconded. CHAIRMAN KAUFMAN: Okay. So that was a motion and a second to grant a 60-day continuance, okay? So -- MR. RUBENSTEIN: Question. CHAIRMAN KAUFMAN: Yes. MR. RUBENSTEIN: Is 60 days enough time with all these people involved? MS. CURLEY: I don't care. I want them to figure it out. MR. RUBENSTEIN: No, but I do care because 60 days they'll be back here, and if it's not resolved, we're going to go through the same drill. So I'm just saying, maybe 90's more appropriate. CHAIRMAN KAUFMAN: Sue, Sue, wait. One at a time. MS. CURLEY: School's out in a month. MR. WHITE: Point of order. CHAIRMAN KAUFMAN: One at a time. Yes. MS. CURLEY: School's out in a month. MR. WHITE: Thank you, Mr. Chairman. Sixty days hence, if the motion passes, it will be on your agenda for consideration. At that time if you choose to hear it based on the fact that you're not satisfied about any aspect of the matter, you can hear it. And as I said earlier, the question is, is there a violation, or is there not? And is there an appropriate penalty, or is there not? And so if they need more than 60 days to figure that out, you certainly, as you can in every other case, give them a period of time to come into compliance commensurate with what at that time is on the record is demonstrated to be necessary to solve the problem. CHAIRMAN KAUFMAN: Okay. MR. WHITE: If it's a use violation and they need to amend the PUD, that should be on the record. They'll have fully determined April 25, 2022 Page 31 that. That's what counsel for respondent is basically arguing and challenging they don't understand what needs to be done. They have to have some time to talk, perhaps, to the neighbors and to the county and to come to a more firm position about what actually the violation is and how to abate it. CHAIRMAN KAUFMAN: Okay. I'm going to call the question. MS. CURLEY: So my motion -- CHAIRMAN KAUFMAN: We have your motion to grant a 60-day continuance. And Chloe has seconded that motion; is that correct? MS. BOWMAN: That's correct. CHAIRMAN KAUFMAN: Okay. All those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. FUENTES: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Okay. It passes. Is that correct? Okay. MR. WHITE: So the matter's off the agenda for further discussion at this point in time. It will be on or around your June meeting. June 27th will be 60 days precisely, but I believe the good news is I anticipate not being present and will be dialing in remote. MS. BOWMAN: Hopefully it can be resolved before then. MS. PASSIDOMO: All right. Thank you very much. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Just point of record, what's the June date? I April 25, 2022 Page 32 was hoping that I shot it by a day. MS. BUCHILLON: June 23rd is the next hearing -- I mean, the hearing in June. MS. CURLEY: So they won't be back here till August, because 60 days from now -- (Simultaneous crosstalk.) MS. CURLEY: -- is past -- 60 days from now is past our next June -- past our meeting in June. CHAIRMAN KAUFMAN: I understand that. Okay. I apologize to the speakers that we have. We'll see you in 60 days. MS. PASSIDOMO: We'll meet with you now if you want, if you'd like. CHAIRMAN KAUFMAN: Maybe it will be resolved by then. MS. CURLEY: We should have never heard this case. CHAIRMAN KAUFMAN: That's your opinion. That's your opinion. MS. CURLEY: My next vote was -- CHAIRMAN KAUFMAN: Enough, enough, enough. As Archie Bunker would say, "Stifle." Yes, Helen. MR. WHITE: Next item. MS. BUCHILLON: Next case, under D, hearings, No. 1, CEVR20210009573, Peter Grant Pohlmann, Jr., and Vania Pohlmann. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PULSE: I do. MR. POHLMANN: I do. CHAIRMAN KAUFMAN: Okay. Could you state your name April 25, 2022 Page 33 on the microphone for us, please. MR. POHLMANN: Peter Grant Pohlmann. I go by Grant. CHAIRMAN KAUFMAN: Okay. And you are the respondent. And, Dee, why don't you kick this off. MS. PULSE: Okay. Good morning. For the record, Dee Pulse, Collier County Code Enforcement. This is in reference to Case No. CEVR20210009573 dealing with violation of the Collier County Land Development Code 04-41, as amended, Section 3.05.01(B) and Section 10.02.06(D)(2). It's for -- an unimproved lot was completely cleared of all vegetation, approximately 20 trees without first obtaining any required approvals from Collier County. It's located at 13056 Bald Cypress Lane, Naples, Florida, 34119. Folio 68642320009. Service was given on October 26th, 2021. Our office received a complaint for clearing property. Upon site inspection, I observed all vegetation was removed from the unimproved lot. A determination with Environmental Division confirmed a violation. Owner is planning to improve the property and is working on plans. As of April 27th, 2022, violation remains. CHAIRMAN KAUFMAN: Okay. MS. PULSE: I would like to now present case evidence in the following exhibits: Five photos taken by me on September 10th, 2021, an aerial view from Property Appraiser website, and the zoning of the property. Oh, I have property [sic] of the aerials for 2021 and 2022. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MS. PULSE: No, sir. April 25, 2022 Page 34 MR. LETOURNEAU: Sir? CHAIRMAN KAUFMAN: Could you show them to him. MR. LETOURNEAU: It just shows the property, and we've got a couple aerials. MR. POHLMANN: A recent one would show that there's grass. MR. LETOURNEAU: Okay, that's fine. CHAIRMAN KAUFMAN: Okay. Do you have any objection to those photos being shown? MR. POHLMANN: No. The more recent ones would show that there's grass planted and all that, but it looks bad, yes. No objection. CHAIRMAN KAUFMAN: Okay. MR. POHLMANN: No objection. MR. BLANCO: Make a motion to accept the county's -- MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and second to accept the county's photos and documents. All those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay, Dee. MS. PULSE: Okay. So this is the lot. CHAIRMAN KAUFMAN: Do you want to give us a little narration while you do the photos. April 25, 2022 Page 35 MS. PULSE: It just shows that it's an unimproved lot, and there is no vegetation. One of the photos does show a pile of cut vegetation right there, and -- CHAIRMAN KAUFMAN: What's the size of the lot? MS. PULSE: Oh, boy. Not real positive. CHAIRMAN KAUFMAN: Is that "Oh, boy" by Oh, Boy or -- is it over an acre? MR. POHLMANN: Yes, just over an acre, I believe. MR. BLANCO: Dee, what community is this parcel located? MR. POHLMANN: Quail Creek Estates. MS. PULSE: Oh, Quail Creek. MS. CURLEY: What kind of trees were they? They looked like -- MS. PULSE: They were some palm trees, some canopy trees, oak trees. MS. CURLEY: Any bald cypress? MR. POHLMANN: No. MS. CURLEY: Good thing. MR. LETOURNEAU: I think you can see oak trees in this pile and maybe palm trees in the bottom right there. MS. CURLEY: Yeah, I couldn't see. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: So I just want to show you the 2021 aerial here. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: I'll zoom in a little. As you can see, there's trees on there. And here's the 2022. CHAIRMAN KAUFMAN: One quick question, just for clarification. Had the respondent pulled a building permit, there would be no violation; is that correct? MR. LETOURNEAU: Yes, possibly. There wouldn't have April 25, 2022 Page 36 been any violations during the building. Obviously, they would -- if they removed all the trees during the building, they probably would have to replant a few just to have, you know, some native trees to get the certificate of completion. CHAIRMAN KAUFMAN: Okay. Anything else, Dee? MS. PULSE: No. CHAIRMAN KAUFMAN: Okay. Sir. MR. POHLMANN: Yes. CHAIRMAN KAUFMAN: Your turn. MR. POHLMANN: Could you pull up I think it was the third photo. It shows a house, a brick house next to it. And all of this is accurate, and -- MR. LETOURNEAU: Is that the one? MR. POHLMANN: Yes. And so I've lived in Quail Creek for six years with my wife and kids. We had the opportunity to purchase that existing house from an older gentleman, and he owned the lot next to it. That lot had never been improved. So it is really low. It requires 40 inches of fill to bring it up to grade. When we purchased the old house from the older couple, there's tons of mature oak trees, some of the largest that I've seen in town that were hanging on the house and coming up from -- so we had a service come in and -- significant service to come in and trim all the trees and all that. And my original plan, and I was just -- I was naive, but my goal was really to just make one mess. Since I knew -- and I'm going to be building our, kind of, forever home here. I've already started with design and paid a lot of money to do so. But knowing that it's going to require 40 inches of fill, none of those trees would have been able to survive and would have had to have been removed, and I would have -- you know, obviously, we're going to plant everything once the house is finished. April 25, 2022 Page 37 But I think it's important to note that my personal name and my wife's personal name, that's how that house is titled, along with this one. We're not developers. This is going to be my in-laws' house, and we're going to be right next door. But it was -- I was trying to have good intentions to try -- it's my community. I'm trying to make one mess, and that was it. But I -- the HOA guy came to me the second day after everything was cleared out, like that day, and, you know, for good reason told me, what -- you know, what the heck are you doing? And I just apologized. And I've been in good contact with Dee and trying -- emails and calls to her updating her with my architect. I have all the plans, the floor plans approved. It's in for the engineering. I asked him last night. He said we should have a set ready to be submitted to the county in two months. I think that's him being nice, but -- I wouldn't want to be held to that. But I've got checks and, you know, over -- a significant amount of money already spent with design, and I just made the error of having the guys do the lot when they trimmed the trees as well. CHAIRMAN KAUFMAN: So you think that you'll be -- you'll have a permit pulled in 60 days? MR. POHLMANN: He says we'll have a -- ready to submit a plan. I don't want to say based on my architect's. It's RG Designs, who's great. We're on TV, I think, but -- CHAIRMAN KAUFMAN: No commercials. MR. POHLMANN: -- he's really busy. I talked to him in November, and I finally got on his schedule in January, and that's -- you know, I've got pretty significant plans, and there's no way that I want to slow down. I'm trying to move through this as fast as possible. CHAIRMAN KAUFMAN: Okay. Well, first thing we need to do is to determine whether a violation exists or not. April 25, 2022 Page 38 MR. BLANCO: I'll make a motion that a violation exists. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: We have a motion and second that a violation exists. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Now, how do we resolve this? You need some time to come into compliance. MR. POHLMANN: Dee has done a great job explaining that to me, that I need to get the plans; I need to get them submitted. And I've been trying to -- we have been back and forth in correspondence that, yes, we're waiting for this, we're waiting for this. But, you know, I'm doing everything we can. CHAIRMAN KAUFMAN: Okay. Dee, you have a suggestion for us? MS. PULSE: Yes. Recommend that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.35 incurred in the prosecution of this case within 30 days, and abate all violations by: Number 1, obtaining all required Collier County approved mitigation plans, building permits, inspections, and certificate of April 25, 2022 Page 39 completion/occupancy to either keep the unpermitted improvement of the property as-is or to restore the property to its originally permitted condition within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Number 2, the respondent must notify the code enforcement investigator when 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. MS. CURLEY: Well, I'll fill the -- try to fill those blanks in. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I'll do 180 days and $50 per day. I feel like you're in the most important part of planning a house with your architect and all that, and there's no need for you to rush that because we're not -- you're not ever going to replant here. You're building something. So it seems like it was a -- MR. FUENTES: Give him 210 days; seven months. MS. CURLEY: It seems like it was an honest mistake. I get the whole mess, one-day thing, and -- CHAIRMAN KAUFMAN: Okay. So you have a motion. MS. CURLEY: I'm glad to revise it to 210 days. CHAIRMAN KAUFMAN: You changed your motion to 210 days; is that correct? MS. CURLEY: Is that your lucky number, John? MR. FUENTES: I feel good about it. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. BOWMAN: I'll second that. April 25, 2022 Page 40 CHAIRMAN KAUFMAN: We have a second. The operational costs of $59.35 to be paid within 30 days. Is that part of your motion? MS. CURLEY: Yes. CHAIRMAN KAUFMAN: Okay. We have a motion. Any other discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. POHLMANN: Thank you. CHAIRMAN KAUFMAN: Good luck on your building. MR. POHLMANN: Thank you. MS. PULSE: Thank you. MS. BUCHILLON: Next case, No. 4, CESD20210010293, Jose Garcia and Limbania Verdecia. CHAIRMAN KAUFMAN: What number is this one? MR. WHITE: Four. CHAIRMAN KAUFMAN: Four? Do you swear or affirm that your testimony will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MS. PUPO: I do. MR. TRUJILLO: I do. April 25, 2022 Page 41 CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. MS. PUPO: My name is Eriani Pupo (phonetic). CHAIRMAN KAUFMAN: Okay. MS. PUPO: I am the daughter of Limbania Verdecia and stepdaughter of Jose Garcia. Unfortunately, neither of them could be here. My mom it currently in Cuba. She's being held in Cuba for four years. Sorry. And my stepdad is currently in Texas. He's living there. So I have the -- lucky me -- to represent the house and everything that's going on with it. CHAIRMAN KAUFMAN: And the gentleman? MR. TRUJILLO: And I'm the one that was hired to do the plans. CHAIRMAN KAUFMAN: And your name? MR. TRUJILLO: My name is Joel, J-o-e-l. CHAIRMAN KAUFMAN: Joel what? MR. TRUJILLO: T-r-u-j-i-l-l-o. CHAIRMAN KAUFMAN: Okay. So why don't we present the case first and go from there. MR. HOLMES: All right. Good morning. For the record, Bradley Holmes, Collier County Code Enforcement. This is in reference to Case No. CESD20210010293 dealing with violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), and the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(e)(i), in reference to unpermitted modifications to a permitted screen lanai including, but not limited to, enclosure of a portion of the lanai to create a living space, replacement of screened areas with solid walls, and addition of water and electric utilities, and the unpermitted conversion of a garage into living space including, but not limited to, installation of an air conditioning system, plumbing for a full April 25, 2022 Page 42 bathroom, and electrical modifications located at 1781 45th Street Southwest, Naples, Florida, 34116. Folio No. 35762600001. Service was given on November 17th, 2021. This case originated as a complaint from the tenant that had -- that was currently occupying the main parts of the residence. A initial inspection was completed of the back area of the home to observe modifications to the lanai where it was converted into living space. No interior inspection was able to be completed because the unit was secured, and the occupant was not home. Determination was completed and an NOV was served for that violation. Approximately one month later the complainant contacted me again wishing to add modifications made to the other half of the lanai as well as a full conversion of the attached garage into living space. A subsequent inspection was completed, and the findings were found to be a violation by the county building official. A new NOV was served that included all the above items. From the beginning of the case, I've had great contact with Iris and, as Joel stated, he's the architect that's been assisting them with preparing the file for permits. As of April 27th, 2022, violation remains. No permits on file. CHAIRMAN KAUFMAN: Do you have any photos that you'd like to present? MR. HOLMES: Absolutely. I have two photos taken by myself on October 5th, 2021, and 18 photos taken by myself on November 3rd, 2021. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos? MR. HOLMES: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection to those photos? April 25, 2022 Page 43 MS. PUPO: No. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept them. MR. RUBENSTEIN: Motion to accept. CHAIRMAN KAUFMAN: We have a motion. We need a second. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. HOLMES: All right. So the first two October photos will be from the exterior in the rear of the home showing where the living space was created in the lanai area. So that's on the back side. MS. CURLEY: Wait. What? The windows used to be a screen enclosure? MR. HOLMES: Used to be a screen lanai. CHAIRMAN KAUFMAN: A wall was put up, air conditioner was added in the wall; is that correct? MR. HOLMES: Correct. CHAIRMAN KAUFMAN: Okay. And a door was added? MR. HOLMES: (Nods head.) CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Looks like it's old. April 25, 2022 Page 44 MR. HOLMES: That's just a better perspective shot. CHAIRMAN KAUFMAN: Are there any issues with setbacks? MR. HOLMES: I don't believe so. I mean, it's within the footprint of the original screen lanai, so it was essentially creating that space within. MR. LETOURNEAU: Yeah. Brad, I'm going to go through these fairly quick, so if you want to elaborate on any of these, just have me stop. MR. HOLMES: Okay. The first photos you'll see here are going to be related to the conversion of the garage. Entryway in. Kitchen space. CHAIRMAN KAUFMAN: I assume there are electrical -- I see. Electrical and plumbing issues. MR. HOLMES: Yep. Utilities related to the conversions, obviously. MR. BLANCO: Is this the garage, or is this the lanai? MR. HOLMES: This is the garage. I don't have interior of the lanai because I wasn't able to make access. MS. CURLEY: Is this in the city or the Estates? MR. HOLMES: This is in Golden Gate City. This will be entry into the bathroom. MR. LETOURNEAU: Is that a new door right there? MR. HOLMES: What's that? MR. LETOURNEAU: Is this door -- CHAIRMAN KAUFMAN: Garage door? MR. HOLMES: I believe that one was added in, yep. MS. CURLEY: But the garage is original? MR. HOLMES: Yep. CHAIRMAN KAUFMAN: But it wasn't living space? MR. HOLMES: Correct. April 25, 2022 Page 45 CHAIRMAN KAUFMAN: It is living space now? MR. HOLMES: Correct. CHAIRMAN KAUFMAN: Is anybody living in it? MR. HOLMES: Correct, yes. MR. LETOURNEAU: Where are we at right here, Brad? MR. HOLMES: Now we're back to the lanai. So this is the other half of the lanai. So solid walls were installed to kind of create, like, a laundry room space. Associated utilities, electric, and plumbing, were added in for functionality. MR. LETOURNEAU: Yeah, you can see the plumbing on the outside also. MS. BOWMAN: Make a motion that a violation exists. CHAIRMAN KAUFMAN: Okay. Let him get finished, and let the respondent speak before we consider that. MS. BOWMAN: I mean -- MS. CURLEY: Is that city sewer, or is that on septic there? MR. HOLMES: I believe they would be septic. Most of Golden Gate City is, but maybe Iris can speak differently. MR. LETOURNEAU: That's it for the pictures. As you can see, the unpermitted electric running out there. CHAIRMAN KAUFMAN: Do you have additional case presentation you'd like to make? MR. HOLMES: That would be it. CHAIRMAN KAUFMAN: You're called Iris; is that correct? MS. PUPO: Yes. CHAIRMAN KAUFMAN: Because I can't pronounce -- I certainly can't pronounce your name. MR. TRUJILLO: Well, you can say the first name, Joel. MS. PUPO: Joel and Iris. CHAIRMAN KAUFMAN: Joel, I got that. That fits into my repertoire. April 25, 2022 Page 46 Okay. So you wound up with this situation. Do you have the permission of your mom to come before us and resolve the situation? MS. PUPO: I do. I have a -- I don't know if it's going to be relative right now, but -- this is in Spanish, but I do have a letter from her, and I have a power of attorney for Jose. CHAIRMAN KAUFMAN: That's fine. MS. PUPO: Okay. CHAIRMAN KAUFMAN: Okay. MS. PUPO: All right. So, basically, I'm going to go try and explain it as best as I know hearing from Jose. He's the one that started building all this and, basically, just gave me the information. He -- this isn't new. He did this. He tried to get it permitted when he was doing it, the garage. And the situation with my mom happened where she got stuck -- because she's a U.S. citizen but she got stuck in Cuba. Because of that everything just kind of pushed back because of the economy. It just kind of hit us with her being there, having to pay attorneys over there and all that stuff. So, basically, we do have people living there. He has been trying to get -- he already got all the measurements, trying to get it all up to code and get a permit on this and get it all legal. He's being set back with -- I guess he can elaborate on that more. MR. TRUJILLO: Yeah, the thing, too, it's an older house so we had to create -- we had to actually get dimensions on the house, total dimensions on it to create an existing living and then to do a proposed living. At the same time, we had to ask for a survey and a spot survey, elevation certificate so we can know the elevations from the house so we can put everything on the plan. So everything -- and everything is behind schedule with everybody doing the work. On top of that, too, we had to ask for an NG calculation due to the garages and the living space in the back. So at the same time, it April 25, 2022 Page 47 is on the city water and sewer, so it's not septic. MS. PUPO: Septic. MR. TRUJILLO: So at this time we do have all the plans ready to submit to the county. Now, that it has taken some time once we were hired, yes, it has taken some time, but we have to understand, too, that on the building industry, everybody's -- we're all -- and there's no -- anything that we're trying to do right now is taking a lot of time. So I have taken time. Everybody that gives me the information is taking time, so it's not something that it used to be that you asked for a survey, and a survey will be here within three days. So that's my point for the hearing. CHAIRMAN KAUFMAN: Okay. For our concern right now is you have no building permit to do all of this. MR. TRUJILLO: We don't have a permit. CHAIRMAN KAUFMAN: And there never was a building permit that did all the inspections, et cetera; is that correct? MR. TRUJILLO: Exactly, yes, sir. CHAIRMAN KAUFMAN: Okay. So from the Board, does a violation exist? MR. FUENTES: Make a motion that a violation exists. CHAIRMAN KAUFMAN: Okay. We have a motion and a second that a violation exists. All those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? April 25, 2022 Page 48 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. A violation exists. Now we go to -- Yes, Terri. THE COURT REPORTER: Who was the second? CHAIRMAN KAUFMAN: The second was Danny. Okay. MS. CURLEY: I just have one quick question. What year was this house originally built? MS. PUPO: I don't have that off the top of my head, but I think it was -- MR. TRUJILLO: Right now the Property Appraiser will have the information. So I have it there, but it's -- MS. CURLEY: Are you a general contractor? Are you? MR. TRUJILLO: I'm not. MS. CURLEY: So how are you doing this? MR. TRUJILLO: I'm doing -- we're creating the plans right now for her. MR. BLANCO: He's the architect. MR. TRUJILLO: Yeah. CHAIRMAN KAUFMAN: Okay. This is not a case where you can do permit by affidavit, because the improvements to the property were made from the current owner. Had they been done and you bought it, then you could go through an architectural firm, and they could do permit by affidavit. So this complicates things. What complicates it even more is you have somebody living in space that I would consider a safety-and-health concern even though they've been there for years, maybe, but the electrical and the plumbing has never been inspected. MS. PUPO: If I -- sorry. CHAIRMAN KAUFMAN: Go ahead. April 25, 2022 Page 49 MS. PUPO: I'm sorry. We understand there is a violation. My mom and my stepdad understand that as well. And I've been communicating with him throughout this whole process, and we understand all of that. We're trying to get it to correct the situation. We want to comply. It's not that we just want to get away with it. We want to comply, and we want to bring everything to code. What we're asking is for a little bit more time because the architect and everything is just taking so long that we're just asking for a little more time to get it done. He says he already has all the plans ready to submit. It's just, then, a matter of getting -- I'm not sure how the whole process works, but getting, I guess, inspections to make sure that his plans are correct and everything is getting moved along correctly and just finalizing and getting everything done. CHAIRMAN KAUFMAN: So you've discussed this with Bradley? MS. PUPO: Correct, yes. CHAIRMAN KAUFMAN: And you said you needed some -- MR. WHITE: Nothing. CHAIRMAN KAUFMAN: Yeah, I know the questions to ask. Put the glasses back on your eyes. They can't see through your head. MS. CURLEY: So I have a question. So have you just considered putting the house back to its original permitted status? That's the easiest way, and then removing all of the violations and all the safety hazards and all the plumbing violations and sewer violations and restoring the house back to the original character. That's why I asked if the person that was helping you knew the age of the house, because you would think that that would be a really important factor to know, because you can't improve this house to a certain degree. You know, if it's built in 1973, you can't make it double the size. You can't add all these things and close these patios April 25, 2022 Page 50 and et cetera. So I just like to help people make sure that they make the right decision with their time so we don't see you here in a year with $28,000 worth of fines. So there is an easy way and there's a very difficult way, in my opinion. It seems like you're -- you have a helper here that's going to help you try to get it done the really difficult way. MR. LETOURNEAU: I would also say that, judging from these pictures -- I haven't been on the property myself -- that a lot of the plumbing and electrical is not up to code, obviously, and that's going to be a time-consuming process, too, if they try to -- you know, have to put those in the walls and everything. CHAIRMAN KAUFMAN: I understand that time is required to come into compliance. Has that discussion taken place with Bradley? MS. PUPO: We have talked about it, yes. CHAIRMAN KAUFMAN: And? MS. PUPO: It's up to him. I mean, he's not -- he's -- CHAIRMAN KAUFMAN: Has he offered a particular solution to you? MS. PUPO: Right, correct, yes. CHAIRMAN KAUFMAN: Okay. Bradley, why don't you tell us what you have offered to the respondent. MR. HOLMES: All right. Well, we had discussed this stipulation out in the hall, and they chose to go the route of the hearing, alternatively, because of the time frames we were providing, which would have been three days to -- well, let me read my recommendation. CHAIRMAN KAUFMAN: Okay. Do so. MR. HOLMES: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 April 25, 2022 Page 51 incurred in the prosecution of this case within 30 days and abate all violations by: One, cease and desist the use of the unpermitted living space conversions within the lanai and the garage and powering off any unpermitted electricity from the circuit breaker until legally permitted within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Two, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy to either keep the unpermitted alterations to the lanai and garage or return them to a permitted state within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Three, the respondent must notify Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If 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 on the people who are living in the property now. Is it one family or two separate families? MS. PUPO: It's a total of three people, but it's two different -- they're separate -- CHAIRMAN KAUFMAN: Two different rentals? MS. PUPO: Correct, yes. There's just one person in the back and two in the front. CHAIRMAN KAUFMAN: So the -- MS. PUPO: In the garage. CHAIRMAN KAUFMAN: So the house itself is occupied by April 25, 2022 Page 52 Person A. The garage is occupied by a different person? MS. PUPO: Correct. CHAIRMAN KAUFMAN: Okay. And then the lanai is occupied by a third person? MS. PUPO: By one person, that's correct. CHAIRMAN KAUFMAN: So two of the locations, I don't know if it has to be specified or not, need to be -- need to come into compliance with your suggestion. The people that are living in the house, I would assume that's okay. Jeff, you have a comment. MR. LETOURNEAU: Yeah. For the record, this is a single-family residence meaning that only one family can live there. The house will have to be opened, if they do get that permitted, to allow access throughout the whole property to one family. So two entities are going to have to move no matter what. CHAIRMAN KAUFMAN: Okay. MS. PUPO: If I may -- and I understand that. All I'm asking is a little time to let them know that they have to go -- they have to go. MR. LETOURNEAU: That's up to them. MS. PUPO: Right. That's all I'm asking. CHAIRMAN KAUFMAN: How much time do you need? MS. PUPO: Just 30 days, just -- CHAIRMAN KAUFMAN: Okay. That's not a problem. MS. PUPO: Just 30 days to let them know you guys got -- because I can't tell them in three days, get out, and where are they going to go? CHAIRMAN KAUFMAN: I completely agree with you. MS. CURLEY: Well -- MS. BOWMAN: Well, we also have, like, a county discussion going on right now to require landlords to provide 60 days, provide -- April 25, 2022 Page 53 MR. WHITE: Ms. Bowman, just -- the conversations need to be on the record, please. CHAIRMAN KAUFMAN: You need to move the microphone closer to you. MS. BOWMAN: Sorry. It doesn't need to go on record. MS. CURLEY: I'll take a swing at the blanks here. We'll do 15 days or $200 per day in Item No. 1, and then 90 days or $200 for Item No. 3. CHAIRMAN KAUFMAN: Can I give you a friendly suggestion? Since it's been many years since those people have been living there, maybe 15 days isn't sufficient time for them to -- know the respondent is looking for 30, if that's possible. The people that are living in the two -- MS. CURLEY: Tenants. CHAIRMAN KAUFMAN: The tenants that are living there, the two tenants -- MS. CURLEY: The illegal tenants. CHAIRMAN KAUFMAN: The two illegal tenants, how much time to have them be notified and vacate the property? MS. CURLEY: Well, I don't really care when they vacate it. I want the water and the sewer and the electricity cut off on those properties. MR. LETOURNEAU: It has to be -- it has to be both together. We can't -- we can't tell them to turn the utilities off and still have people living in there. MR. FUENTES: So we need to consider, too -- MR. LETOURNEAU: The eviction process. MR. FUENTES: -- there is nowhere to go right now. This is going to be rough. MS. PUPO: That's why I'm saying, it's -- three days, it's nearly impossible for me to tell them. I mean, humanely I can't tell them April 25, 2022 Page 54 you got three days to get out, and where are they going to go? It's extremely hard for people to find anything right now. It's so hard. MR. FUENTES: Well, I do believe what she's offering is quite generous, to be honest, because there is a safety issue here to consider. So she's offering 15. And I'm not in disagreement with that. I think it's fair. I just think we also need to consider -- unfortunately, today's circumstances and the way the world is -- it is extremely difficult for anyone to purchase, relocate, or find somewhere to go. MS. CURLEY: We're not telling you how to manage it, but everybody can move into the primary structure. MS. PUPO: Unfortunately, yeah -- MS. CURLEY: Yeah. I mean, so -- CHAIRMAN KAUFMAN: That's a violation. MS. PUPO: Yeah. There's only three bedrooms in the house. CHAIRMAN KAUFMAN: Not only that, it's single-family. Obviously, there's three families living there, or three separate -- MS. CURLEY: Three people. They're roommates. MR. BLANCO: Mr. Chairman, is there a motion, or was that just a suggestion? CHAIRMAN KAUFMAN: That was a -- MS. CURLEY: It's a motion, and he's asking me to amend it, but I think I'm just going to leave it unless somebody else wants to ask me to amend it. CHAIRMAN KAUFMAN: I'd like you to change it from 15 days to 30 days. That's what the respondent thinks she could do. MS. CURLEY: I make a motion -- I'll redo it. Item No. 1, 30 days, $200. Item No. 2, 90 days, $200. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: I'll second that. MS. CURLEY: And the reason I did the 90, just for the Board, April 25, 2022 Page 55 is because it just needs to be put back to its original state. I don't want to give them a year to have a lot of exercise done and verbal gymnastics with the county and other vendors that might think that they can convince them that that can be done. I just want this house to be put back to its original state where it was legally built a long time ago. CHAIRMAN KAUFMAN: That's up to the respondents what they want to do with the property. MS. CURLEY: That's why I'm giving that short window. Ninety days is enough. It should be -- the permit for demolition should be in, and that would be fine. MR. FUENTES: Definitely more than enough. CHAIRMAN KAUFMAN: Okay. We have a motion. And we have a second. I think Chloe seconded it originally. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: So that we all understand it, it's 30 days for the two families, Family A and B, to vacate the property, and then the utilities will be turned off as per your suggestion, and then 90 days it will be to -- MS. CURLEY: Get the demo permit. CHAIRMAN KAUFMAN: -- to resolve the situation with the unpermitted pieces of the property, okay? MR. RUBENSTEIN: I have one question. CHAIRMAN KAUFMAN: Yes, Lee. MR. RUBENSTEIN: After all that's done, will this property be permitted in the way that they want or completely removed and put back as one single-family home? The plans that they have -- MR. LETOURNEAU: No matter what happens, to legally have this house -- get rid of this code violation, it would have to be either -- it would have to be a single-family home no matter what April 25, 2022 Page 56 they do with these things. They cannot -- MR. RUBENSTEIN: So all these walls and plumbing and all those? MR. LETOURNEAU: Yeah, whatever -- yeah, it has to -- everybody has to have access throughout the whole house, and it has to be a single family living in there, not collecting three different rent checks and stuff. MR. RUBENSTEIN: So the violation that they're here for won't exist once all this is removed? MR. LETOURNEAU: Yeah. The bottom line is, if they take care of the permitting issue, that will take care of the illegal renting to two other entities, too, hopefully. So they're renting to three different entities. MR. RUBENSTEIN: No, I understand. MR. LETOURNEAU: Right. MR. RUBENSTEIN: But how are you going to permit it if it's illegal at the point? That all has to come out. MR. FUENTES: They're going to obtain a demolition permit. MR. LETOURNEAU: Yeah. They'll get a demolition permit and restore it back to its original condition. MR. RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Either that or they're going to be able to bring it into compliance. Okay. We have a motion and we have a second. All those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. BLANCO: Aye. April 25, 2022 Page 57 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have the time to notify the people, and best of luck to you on that. MS. PUPO: I appreciate it. Thank you. MR. TRUJILLO: Thank you so much. CHAIRMAN KAUFMAN: Thank you. Terri, are you ready? We're going to take a 10-minute break so Terri can rejuvenate her fingers. We are on break. (A brief recess was had from 10:24 a.m. to 10:35 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Okay. Helen, what's up? MS. BUCHILLON: Next case on the agenda, No. 8, CESD20220001438, Francisco Santiago Ramirez. THE COURT REPORTER: Do you swear or affirm that you will translate everything from English to Spanish and Spanish to English to the best of your ability? MS. BLANCO: Yes, I do. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. D'ELIA: I do. MR. RAMIREZ: Yes. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, both of you. MR. BLANCO: My name's Margaret Blanco. I'm the interpreter. MR. RAMIREZ: My name is Francisco Santiago Ramirez. CHAIRMAN KAUFMAN: Okay. And you're the owner? April 25, 2022 Page 58 MR. RAMIREZ: Yes. CHAIRMAN KAUFMAN: Good morning. MR. D'ELIA: Good morning. How we doing today? CHAIRMAN KAUFMAN: So far so good. MR. D'ELIA: Awesome. Good morning. For the record, Investigator John D'Elia, Collier County Code Enforcement. This is in reference to Case No. CESD20220001438 in dealing with the violation of Collier County Land Development Code 04-41, as amended, Sections 10.02.069(B)(1)(e), 10.02.06(B)(1)(a), and 10.02.06(B)(1)(e)(i), alterations and modifications including, but not limited to, roof, carport, additions performed prior to receiving a Collier County building permit. Located at 135A Halsey Court, Florida, 34104. Folio No. 293400006. Service was given on March 11th, 2022. I conducted an initial inspection on February 9th, 2022. On site I took photos of the mobile home which was for sale at the time. I spoke to the manager of the property, Ena, and she stated to me that there are conditions that consist of these additions to the mobile home that need to addressed before the sale of this property could continue. If an individual does purchase this property, they must sign a waiver of knowing -- acknowledgment of the conditions. I set up determination -- I set up a determination by Jonathan Walsh to look over to see what did need to be permitted. On February 14th, 2022, a determination was made by the building supervisor, Jonathan Walsh. He stated all additions and modifications, including, but not limited to, roof, carport, and additions require a permit. On February 16, 2022, I received a call from the mobile owner -- mobile owner asking about the problems on the home. I explained to him that the carport and the room on the right side of the April 25, 2022 Page 59 home has been added on to since 2012 with no permits. I also explained that the left side of the home only had a screened lanai in the middle of the home and that all the rooms have been added on since 2012 had been done so without first obtaining the required building permits. I also explained that he needed to apply for all required permits within a 30-day period of time. I also gave him Renald Paul's phone number, and I informed him that he may be able to answer all questions that he may have. On March 28, 2022, the mobile home owner, Francisco Santiago Ramirez -- THE COURT REPORTER: Can you please slow down. MR. D'ELIA: I apologize. My apologies. Ramirez called me back and notified me that he is trying to submit an application for a permit. On March 31st, there has been no applications on the CityView for a permit, and a violation remains. At this time I would like to present the case evidence in following exhibits: Eight photos I took on February 9th, 2022, of the exterior of the mobile home; determinations by the building official, Jonathan Walsh; one aerial photo taken from the Google Earth of 2012; one photo taken from Google Earth in 2022. CHAIRMAN KAUFMAN: Has the respondent seen the photos? THE INTERPRETER: Yes. MR. D'ELIA: Yes. CHAIRMAN KAUFMAN: Do you have any objection to those photos? THE INTERPRETER: No. CHAIRMAN KAUFMAN: Okay. I get a motion from the Board to accept the photos? April 25, 2022 Page 60 MR. FUENTES: Motion to accept the photos. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Okay. I'm going to go start with the aerials first. John, this is the structure? MR. D'ELIA: That's the structure right there. The mobile home is right there. MR. LETOURNEAU: And this is 2012? MR. D'ELIA: That's correct. MR. LETOURNEAU: Okay. I'm going to go to last year's photos, so as you notice, this is just nothing here but asphalt, and then this is the condition that we see it in now. So there's been extensive work. I'll go back to the previous photo. As you can see, there's been some additions here, some additions here. Basically, the whole property's been worked on without a permit. MS. CURLEY: That picture's 10 years ago? MR. LETOURNEAU: Yes. Yes, ma'am, 2012. MS. CURLEY: So just a question for the county. So you said that they were trying to sell it. Is he the current owner or the new owner? MR. D'ELIA: He is the current owner. April 25, 2022 Page 61 MS. CURLEY: Okay. CHAIRMAN KAUFMAN: Do you have any idea when these additions were done? MR. D'ELIA: Just between 2012 and today. CHAIRMAN KAUFMAN: Did the respondent happen to tell you who did the additions? MR. D'ELIA: I have not -- no, he has not told me. CHAIRMAN KAUFMAN: Has he told you how long he's owned it? MR. D'ELIA: He's owned -- no, he has not. CHAIRMAN KAUFMAN: Okay. I'll ask him when it's time. Okay. Continue with the photos, John and Jeff. MR. D'ELIA: That's the registration to the home. MR. LETOURNEAU: And the reason we have the registration here is we had to cite the actual mobile home owner on this due to the fact of the state statute. CHAIRMAN KAUFMAN: Can I ask, on that photo where that door is in the front, is that whole section the original, or is that the addition? MR. D'ELIA: That is all the additions, the whole left side of the house. CHAIRMAN KAUFMAN: Okay. MR. D'ELIA: The only thing that was originally there was the lanai. CHAIRMAN KAUFMAN: Gotcha. Okay. MS. BOWMAN: So the roof was there on that part, right, if it was a lanai? MR. D'ELIA: The funny thing is, the original roof that is on that mobile home right now is not the original roof. It's a wood structure that was added on top of the mobile home. CHAIRMAN KAUFMAN: Okay. April 25, 2022 Page 62 MR. D'ELIA: Okay? MR. LETOURNEAU: We're talking about this area right here, right? MR. D'ELIA: Correct. MR. LETOURNEAU: Okay. So we're back to the original 2012, and that's where we're at today. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Jeff, can you go back again. I'm sorry. Oh, okay. I see it. CHAIRMAN KAUFMAN: That's what we call day and night difference. MR. FUENTES: I'd like to make a motion that the violation exists. CHAIRMAN KAUFMAN: Wait. Let the respondent speak first, and then we'll take -- MS. CURLEY: Just for the record, it's day and night on every unit there from that. CHAIRMAN KAUFMAN: That's not before us. This one is. MR. LETOURNEAU: We had the complaint about this particular unit right here, so... CHAIRMAN KAUFMAN: Okay. So it's his turn to tell us about this. THE INTERPRETER: That it was that way when he bought it. CHAIRMAN KAUFMAN: When did he buy it? THE INTERPRETER: Two years ago. CHAIRMAN KAUFMAN: Okay. Does he understand that these are additions that were made without permits? THE INTERPRETER: Yeah. He said he knows about it now, but he didn't know this was going to be a problem. CHAIRMAN KAUFMAN: Okay. Unfortunately, when you own the property, you own the violation. April 25, 2022 Page 63 John, you wanted to make a motion? MR. FUENTES: I'd like to make a motion that a violation exists. MR. BLANCO: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. All those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Yes, ma'am. THE INTERPRETER: What he wanted to ask is that he -- because he didn't know this, if there was a way he can -- not demo it but just convert it to a storage, you know, instead of putting in so much money. CHAIRMAN KAUFMAN: He's going to have to get whatever he does permitted. THE INTERPRETER: Okay. So if he gets a permit to make a storage, that's what he would do. CHAIRMAN KAUFMAN: Okay. THE INTERPRETER: So yeah, he said, because he'd like to take it out, but... CHAIRMAN KAUFMAN: Okay. Jeff, you wanted to -- MR. LETOURNEAU: Well, I'll just say that storage would be a lot easier to permit than living area depending on, you know, the setbacks from the other property. You know, I can't say whether or April 25, 2022 Page 64 not he'd even be able to keep the structures. That's something that he needs to talk to the Building Permit with. THE INTERPRETER: So he can take care of that that way. MR. LETOURNEAU: Right. There might be issues that he can't -- are unforeseen at this point. He has to -- the first step is to talk to the Building Department. THE INTERPRETER: Okay. CHAIRMAN KAUFMAN: Okay. Since he didn't do it, it's possible he could go to an architecture who could draw up the plans and do this by affidavit, but that's his -- that's his -- next on his agenda what he needs to do. THE INTERPRETER: Right now financially -- MS. CURLEY: That's terrible advice. CHAIRMAN KAUFMAN: Well, thank you very much for that. THE INTERPRETER: It's final -- yeah, he has a lot of problems financially right now, because the house is empty. Because he plans on fixing it up so his family could live in it. CHAIRMAN KAUFMAN: Okay. THE INTERPRETER: And can he have time to go through this process? Because he doesn't know what it's going to run, and at this moment he's living check by check. CHAIRMAN KAUFMAN: We're going to take a look at the suggestion from the county. We'll fill in the time frames in there and go forward with that. MR. D'ELIA: Thank you. CHAIRMAN KAUFMAN: Okay. John, do you want to read through this, please. MR. D'ELIA: Very good. Recommendations: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of 59.28 April 25, 2022 Page 65 incurred in the prosecution of this case within 30 days and abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections or certificate of completion/occupancy for the alterations and modifications including, but not limited to, roof, carport, and additions performed on the home within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated. The respondent must notify the code enforcement 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. MS. CURLEY: I have a question. Can you tell me who made the original complaint? Because that was a -- confused when you had said that the Southwind, or whoever the mobile home management company -- MR. D'ELIA: Correct. The original complaint came from the neighbor. That's written on the complaint. However, I have a good communication with the management company for that Southwind. So I spoke with her and she informed me -- she knows pretty much all the homes and all the people that are in there. She informed me that this was up for sale and there was conditions that already knew about -- that the tenant knew about that needed to be fixed before they can sell the home. MS. CURLEY: Right. Well, she knew about that two years ago before this gentleman paid for it. MR. D'ELIA: No. She just became the new manager in there within a year. MS. CURLEY: So Legal Aid might be able to help him also. April 25, 2022 Page 66 MR. D'ELIA: Possibly, possibly. There are -- we're not going to deny it, there are many places in there that have many alterations. I do have a few cases in that area already, but they are trying to clean the place up, should I say. MS. CURLEY: Right. Well, since it doesn't look like there's any awful stuff happening, like cases we've seen earlier today -- MR. D'ELIA: The biggest problem in the mobile home community is -- actually what they're doing is doing alterations and modifications to the mobile homes but then renting it out to six, seven different people inside the mobile homes. MS. CURLEY: Yeah, that's unfortunate. MR. D'ELIA: Yeah, that's what we're looking at. MS. CURLEY: We've had cases years ago where just a gentleman who lived in Michigan couldn't even find anybody to help him redo a roof after Irma. And so I mean sort of jokingly, he couldn't get anyone to help him. So, like, having -- suggesting that an architecture's going to rush out to help this gentleman in the situation, they're not even going to call him back. So a realistic thing is that he's going to have to take some time and learn what he can do to untie the knot and hopefully have something of value left to transfer at another time. CHAIRMAN KAUFMAN: Okay. You want to go through the -- you read through this. Anybody want to fill in the blanks? MS. CURLEY: I will. CHAIRMAN KAUFMAN: Go ahead. MS. CURLEY: Three hundred sixty-five days and $50. CHAIRMAN KAUFMAN: Okay. Do we have a second? MS. BOWMAN: I will second that, because it's not a health-and-safety issue. CHAIRMAN KAUFMAN: We have a second. All those in favor? April 25, 2022 Page 67 MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. RUBENSTEIN: One nay. CHAIRMAN KAUFMAN: One nay, two nay, three nay. Motion fails. Okay. Danny, how did you vote? MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Okay. So it's 3-3. Yes. MR. RUBENSTEIN: I have a question. If they remove all these violations, what's left there? MS. CURLEY: The mobile home. MR. D'ELIA: The original mobile home. MS. CURLEY: That's all he needs to do, and he needs money and time to learn how to do it and to get a permit for it and -- MR. RUBENSTEIN: And that's zoned residential, correct? MR. D'ELIA: It's a mobile home residential. MR. RUBENSTEIN: Yeah. You can't put storage -- I heard he said he wanted to put storage there. I don't think that's allowed. MS. CURLEY: So it's a mobile home. He can do with it whatever he wants. MR. BLANCO: Mr. Chairman, I would like to make a motion. CHAIRMAN KAUFMAN: Okay. Hold on a second. One person at a time, or Terri's going to attack me. Yes, Danny. MR. BLANCO: I'll make a motion, six months or $70 a day, and just so -- if you want to explain that to him, that within those six April 25, 2022 Page 68 months, whatever work he's going to start doing. Don't wait till the last minute, if this motion gets approved. Come in front of the Board before that and then ask for more time, and then we can revisit your situation at that time. MR. FUENTES: I'd like to second the motion. MS. CURLEY: I'll change it to $25 a day. Would you amend that, just in case he gets caught up in the system, and then by that time it's December and November? I don't want to have him have a big debt when he tries to, you know, move on to another place in his life. MR. BLANCO: I mean, he's going to come back in whatever amount of time, and this board has -- in those situations when, you know, the respondents have done everything and they've really taken care of the problems, we've waived in the past. I'm not necessarily saying that that's what we're going to do. In the past we've waived $200,000 worth of fines, and I don't think this is going to get there. MS. CURLEY: Right. But this gentleman took today off, and then he's going to have to take another day off in six months because he's going to have to come plead for us to abate fines that weren't necessary. I'd just like to, like, make it disappear easier than make it more problematic. And he needs to pay $58 next time he comes back, so now we've got him for 120 bucks. MR. BLANCO: Let's just vote and save ourselves some time and just call it a day, I say. CHAIRMAN KAUFMAN: Okay. We have your motion. It's $70, six months, 59.28 paid within 30 days. MR. BLANCO: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: I seconded. CHAIRMAN KAUFMAN: Any comments on that? (No response.) April 25, 2022 Page 69 CHAIRMAN KAUFMAN: And we have it seconded. All those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: (Raises hand.) CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries. Okay. So now, Danny, what you said to her. You have explained this? THE INTERPRETER: Yes. CHAIRMAN KAUFMAN: So he has six months. THE INTERPRETER: Six months. CHAIRMAN KAUFMAN: Okay. That hopefully is enough time to get this stuff done. Let me give another suggestion. If you could put him in touch with Renald Paul, he may be able to help. Yes? MR. SHORT: I got it. MS. CURLEY: Thank you. CHAIRMAN KAUFMAN: Okay. You're going to do okay, great. MS. CURLEY: Next. THE INTERPRETER: Thank you. MS. BUCHILLON: ***Next case, No. 10, CESD20210002284, Margot Ricardo and Magdiel Gonzalez. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing April 25, 2022 Page 70 but the truth? MR. D'ELIA: I do. MR. GONZALEZ: Yes. MS. RICARDO: Yes. CHAIRMAN KAUFMAN: Okay. Can you state your name on the microphone for us, both of you, please. MR. GONZALEZ: My name is Magdiel Gonzalez, and she's my mom, Margot Ricardo. CHAIRMAN KAUFMAN: Okay. John, do you want to kick this off? MR. D'ELIA: Certainly. Please, thank you. For the record, Investigator John D'Elia, Collier County Code Enforcement. This is in reference to Case No. CESD20210002284 in dealing with the violations of Collier County code, Land Development Code 2004-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). It's a utility room, carport, and screen porch/lanai added to the structure located at 3412 Croton Road, Naples, 34 -- I mean, Florida, 34104. Folio 63504640000. Service was given -- service given on April 9th of 2021. I conducted an initial inspection on March 9th, 2021, on site and spoke with the property owner, Magdiel, and he told me that he has not made any modifications to this property since he has purchased it -- the home seven months prior. He did inform me that he does have renters in the adjacent room, the utility room. At the time the renters were an elder couple that were not home at the time, so he could not allow me entrance without giving them at least 24-hour notice at the time. He asked if he could set up another meeting the following week. On March 17th, 2021, I met with Magdiel's mother on the property. I observed no one living in the utility room, and she April 25, 2022 Page 71 informed me that they have moved out already. There was no stove or bed set up. I informed her that I needed to see if the utility room was permitted, since that was the main complaint of the case. On March 17th, 2021, I retrieved the property card, which had four separate permits tied to the card from 1982, '83, 1984, and 1987. On April 9th, 2021, I met with Jonathan Walsh for a determination. He told me that the voided permits needed to be addressed for the patio connected to the structure and roof overhang. Carport and utility rooms need to also be addressed. I issued a notice of violation on April 9th, 2021. On April 30th, 2021, I received a letter from an attorney representing Magdiel. He was -- who was asking for time to build a case against the previous homeowners. On June 3rd, 2021, I received a phone call from the construction company called New ERA. They wanted to find out and needed information for the complainant -- referred them -- I referred them to Renald Paul for more information. On July 9th, 2021, Magdiel notified me that the New ERA is in contact with the lawyer, Ariel Eugene, to start the demolition permit. On July 19th, 2021, Attorney Ariel Eugene called and spoke with manager Jeff Letourneau and is going to talk to the New ERA construction to set up a start date and get back in touch with Mr. Letourneau. On August 16th, 2021, Magdiel called to notify me that his attorney, Ariel Eugene, has walked away from his case, and he's trying to hire a new lawyer, and he cannot afford a demolition to the structure at this time. I then received a call from the new lawyer, Peter Flood. Peter notified me that he will be going down to the GMD to pull a homeowner permit to start to hiring subcontractors and engineer plans drawn up and submitted to the county. April 25, 2022 Page 72 On September 24th, 2021, there were two permits reactivated the both -- the porch. On December 14th, 2021, Todd notified me that there can be no inspections on the activity -- active permits until the utility room is permitted or demoed, and he is setting up a meeting with the homeowner to come up with a solution. On January 6th, 2022, Todd informed me that the plan was to demo the utility room, leaving two main bearing walls to support the carport so they can also be permitted, then reactivate the porch permits to be inspected. On March 16th, 2022, Magdiel set up an appointment to meet with director Michael Ossorio to go over the case. The reinspection on April 7th, 2022, on CityView, there has been no permit applications applied for, and the two previous permits are still inactive. Violation remains. CHAIRMAN KAUFMAN: Okay. Do you have any photos that you'd like to add? MR. D'ELIA: Please. I have -- I'm sorry. At this time I would like to present the case evidence in the following exhibits: Five photos I took on March 16th, 2021, of the interior of the utility room; four photos I took on September 20th, 2021, of the exterior home; and determination by Building Official Jonathan Walsh; one appraiser sketch; and the deed to the property owner. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. D'ELIA: He has. This morning. CHAIRMAN KAUFMAN: Do you have any objection to those photos? MR. GONZALEZ: No, he can show the photos. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the evidence. MS. BOWMAN: Motion to accept. April 25, 2022 Page 73 MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. D'ELIA: Okay. This is the door of the utility room. That is a shower inside that utility room. Bathroom. CHAIRMAN KAUFMAN: None of this has been permitted? MR. D'ELIA: None of this has been permitted. You're going to see the outside of the home in a moment. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Where's this property located? MR. D'ELIA: On Croton Road, which is off of Seagrape. MS. CURLEY: By the DMV on Airport Road? MR. D'ELIA: Correct. Now, that's the utility room on the right side there. That's the carport. MR. LETOURNEAU: So, Jack, this whole section and this right here is what we're dealing with? MR. D'ELIA: Yes. The overhang and the utility room was never permitted. So inside that utility room are two doors to get in there, which is supposedly where the living area was. There is no stove or kitchen in there, but there is a full utility of a bathroom that's never been permitted. April 25, 2022 Page 74 CHAIRMAN KAUFMAN: Okay. Continue on. MR. D'ELIA: Now, that porch that you see also behind the cars there, now if you look at it on the right-hand side, whatever, okay, that one right there, that has active permits on it, but they never have been finished. All they need to do is get those two permits finished on that to finalize the house. But they can't be finished until the utility room's been permitted or demoed. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: So this is the permitted part of the -- right? MR. D'ELIA: That's the one in question with the two active permits right now. MR. LETOURNEAU: Okay. Oh, all right. And they can't get that CO'ed until they take care of the carport -- (Simultaneous crosstalk.) MR. D'ELIA: Until that is taken care of, yes. That 26 by 22 is that utility room and the carport area. CHAIRMAN KAUFMAN: That has plumbing, electrical, et cetera? MR. D'ELIA: It does have it, yes, and none of it's been permitted. CHAIRMAN KAUFMAN: And it's occupied? MR. D'ELIA: No, it's not. At this time it's not. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: And what else did we want to look at, Jack? I think that was it, right? MR. D'ELIA: That's it. That's it. CHAIRMAN KAUFMAN: You have the Walsh determination? MR. D'ELIA: Yeah, you have Jonathan Walsh's determination in there also. He explains it all in the determination right there. April 25, 2022 Page 75 CHAIRMAN KAUFMAN: Can you just read that bottom part, because I can't see it. MR. LETOURNEAU: I can. I'll read the whole thing. It said void permits need to be addressed. Lanai needs to be addressed. What does that say? Over -- roof over bay carport and utility room need to be addressed. If all corrected to main structure residence, one permit may address all concerns. CHAIRMAN KAUFMAN: Okay. All right. Anything else, John? MR. D'ELIA: We've been working together for a long time now on this. He's been trying to get everything done, but now he's up to a point now that he's -- it's at the end. It's like, okay, we've got to get something done. CHAIRMAN KAUFMAN: Your turn. MR. GONZALEZ: I'm here to find a solution for this thing. I didn't build these illegal extensions. I buy the house as-is. CHAIRMAN KAUFMAN: Let me -- just so you understand -- MR. GONZALEZ: Yeah, I understand. CHAIRMAN KAUFMAN: When you own the house -- MR. GONZALEZ: Yes. CHAIRMAN KAUFMAN: -- you own the violation, if we do find it in violation. Okay. MR. GONZALEZ: So I just want a solution, and I go ahead and start working on that. CHAIRMAN KAUFMAN: Have you read what the building official said that needs to be done? The solution is -- the quick solution is to remove that whole section there, it appears; is that correct? MR. GONZALEZ: I would like to keep it as storage. CHAIRMAN KAUFMAN: Okay. And to do that, you have to get a permit. April 25, 2022 Page 76 MR. GONZALEZ: Yes, I know. CHAIRMAN KAUFMAN: Okay. So just -- MS. CURLEY: So if you want a solution, there's an easy solution and then there's a hard solution. MR. GONZALEZ: Okay. MS. CURLEY: The easy solution is to cut that whole thing off and get rid of it and then plan your storage properly and legally through permits and storage sheds, or whatever you might be able to put there after this is gone. Because once this is gone, then you can get your screen patio finished, approved, and then you're good, and we never see you again. That's your solution. Now, if you want to make it the long and hard way, then you continue on with Mr. Walsh's notes and address this, which is an architect, elevation certificate, and all the things that come about building something that was already built and proving that it was built right which you don't know because you didn't build it. It becomes very expensive, and it takes a long time, and you'll be back here a lot. CHAIRMAN KAUFMAN: Okay. Before we continue, let's see if a violation exists. Anybody want to make a motion to that effect? MR. FUENTES: Make a motion the violation exists. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: And seconded. All those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. BLANCO: Aye. April 25, 2022 Page 77 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. I'm going to ask John what the solution that he is going to propose to us is. John? MR. D'ELIA: Thank you. Thank you. The recommendation -- CHAIRMAN KAUFMAN: Right. MR. D'ELIA: -- that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of 59.28 incurred to the prosecution of this case within 30 days, and abate all violations by: Number one, obtaining all required county -- obtaining all required Collier County building permits or demolition permit, inspection and certificate of completions/occupancy for the utility room, carport, screen porch/lanai, and expired Permits CDP2004092436 and CDP2004030107 within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Number 2, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. MR. D'ELIA: Thank you. CHAIRMAN KAUFMAN: Anybody like to fill in the blanks on this one? What's the costs, to begin with, 59 -- April 25, 2022 Page 78 MR. D'ELIA: 59.28. CHAIRMAN KAUFMAN: 59.28 to be paid within probably 30 days. MR. D'ELIA: Correct. CHAIRMAN KAUFMAN: And to bring all the other permits into compliance. That's a date and a dollar amount that needs to be filled in. Anybody want to take a shot at it? MR. RUBENSTEIN: I will, sir. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: One hundred and twenty days, and $100 a day. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: I'll second that. CHAIRMAN KAUFMAN: And we have a second. Okay. Any discussion on that? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. I'm going to suggest to you and Eric, if you could, I would put the gentleman in contact with Renald. He may be able to point him in the right direction, okay? MR. GONZALEZ: Thank you. MR. D'ELIA: Thank you. April 25, 2022 Page 79 MS. BUCHILLON: ***Next, under old business, C, motion for imposition of fines, No. 1, CEPM20190009270, Keith G. Purdy and Darlene Purdy. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PURDY: Yes. MR. JOHNSON: I do. CHAIRMAN KAUFMAN: Okay. John? MR. JOHNSON: Okay. Past Order of the Board, on January 24th, 2020, the Code Enforcement Board issued a findings of fact, conclusions 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 OR5749, Page 3393, for more information. The violation has not been abated as of April 28, 2022. Fines have accrued at a rate of $250 per day for the period from March 25th, 2020, to April 28th, 2022, 765 days, for a total fine amount of $191,250. Previously assessed operational costs of $59.21 have been paid. Operational costs for today's hearing are $59.28. Total amount: $191,309.28. CHAIRMAN KAUFMAN: Okay. Can you state your name on the microphone for us, please. MS. PURDY: Darlene Purdy. CHAIRMAN KAUFMAN: And what is your comment on this? MS. PURDY: Wow. I had no idea. CHAIRMAN KAUFMAN: Has anything been done from the beginning on this? MS. PURDY: Yes. We did what the permit -- or what we April 25, 2022 Page 80 were violated for. Unfortunately, the permit needed to be -- there needed to be a revision to it. And we were at that point of we were told that we needed to extend it, so we did. And I had no idea that this was happening. So I am here today. I have a permit for a complete demolition. So I'm asking to have my fines extended or the length of the permit for -- I have a permit for 90 days. CHAIRMAN KAUFMAN: Okay. The violation has not been abated, so we can't do anything as far as that is concerned. MR. JOHNSON: Mr. Kaufman, if I may. CHAIRMAN KAUFMAN: Yes, John. MR. JOHNSON: What Ms. Purdy is describing is there was a mobile home, and it had an extension, like, a carport extension that was declared dangerous, and so they got a permit for that. And then as the permit came close to expiration, they changed the permit to demolish the entire structure, including the mobile home and the overhang. And as that extended -- as that came up to -- they actually did demolish the overhang, but then the permit was changed again. So -- and I want to take partial responsibility for this. She was basing all her decisions on what the county told her she had time to do with the permit, and that's partly my responsibility because I didn't focus her on the Order of the Board, and that's why we're here 700-some days later, because she was working on the permit side. And she did some work, but lately, really, nothing has been done. She's aware of that. She knows what she has to do now to get this thing closed out. CHAIRMAN KAUFMAN: Let me try a -- Jeff, how about the county pulling this case? It will be a lot easier to resolve once the violation has been abated. MR. LETOURNEAU: John, has -- how much work has been done in the last 780 days? You said the reason we're here today and it hasn't been in compliance -- the original overhang has been April 25, 2022 Page 81 removed. Unfortunately, we have no inspections or certificate of completion on any permit to close this case out. MR. JOHNSON: Correct. The original -- the original scope of work for original permit has been done; however, the permit's been modified. The permit is still open and active, but I would say that was removed -- Darlene, you can correct me -- like, last year, I would say? MS. PURDY: It was removed -- to go back, first of all, the permit was messed up from the very beginning. It was supposed to be a partial, and it was a mistake. I'm not sure where that happened. And we were told to -- that it needed to be a revision on it. So we did that, but it was -- the due date was up. And because when COVID hit, it just -- we could not accomplish any of it until, you know, now, because we have been extending our permit for a complete demolition now. MR. LETOURNEAU: Mrs. Purdy, can I ask you, how much time do you think it's going to take from today to get the permit to the completion? MS. PURDY: The 90 days. MR. LETOURNEAU: Okay. So the county at this point will withdraw this case, and we'll bring it back in 90 days. CHAIRMAN KAUFMAN: Good solution. MS. PURDY: Sounds good. Thank you. Appreciate it. MR. WHITE: Motion to amend the agenda to allow the county to withdraw, Mr. Chairman. CHAIRMAN KAUFMAN: Get a motion from the Board to amend the agenda. MR. BLANCO: Motion. CHAIRMAN KAUFMAN: Okay. We have a motion. And a second. MR. BLANCO: Second. April 25, 2022 Page 82 CHAIRMAN KAUFMAN: All those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Thank you, John. Thank you, ma'am. MS. PURDY: Thank you. MS. BUCHILLON: ***Next case, No. 2, CESD20210004145, Paul Fairhurst. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. FAIRHURST: Yes. MR. MARINOS: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, please. You can lift that up. MR. FAIRHURST: Yes. Paul Fairhurst. CHAIRMAN KAUFMAN: And you want to read this into the record for us? MR. MARINOS: Sure thing. For the record, Investigator Jordann Marinos, Collier County Code Enforcement, in reference to Case CESD20210004145. Past orders: On September 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 ordinances and April 25, 2022 Page 83 ordered to correct the violations. See the attached Order of the Board. As of April 28th, 2022, the violation has not been abated. Fines have accrued at a rate of $100 per day for the period from December 23rd, 2021, to April 28th, 2022, 127 days, for a total fine amount of $12,700. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing are 59.28. Total amount: $12,818.56. CHAIRMAN KAUFMAN: Okay. And the description of the violation is an unpermitted aluminum shed with open porch that's attached, electrical connections, and two unpermitted canopies. MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Okay. Sir. MR. FAIRHURST: Well, the canopies I don't have a problem with. I just -- the shed was there when I purchased the house 30 years ago. And I just thought I could -- but I've learned different since just sitting here that -- I guess that that all needs to be redone. Because I have all my tools and equipment inside the shed for storage. I don't -- CHAIRMAN KAUFMAN: This began in December, the violation. December it was heard. You understood what needed to be done at that point? MR. FAIRHURST: Yeah, pretty much. CHAIRMAN KAUFMAN: And what have you done? MR. FAIRHURST: Not a whole lot. CHAIRMAN KAUFMAN: Okay. Let me tell you something else that you didn't do. According to what I'm reading here, the operational costs have not been paid; is that correct? MR. FAIRHURST: I don't know what that is. CHAIRMAN KAUFMAN: The last time you were here one of April 25, 2022 Page 84 the things that needed to be done is to pay $59.28 because it was heard here. That has not been done. MR. FAIRHURST: Okay. Well, I can do that. CHAIRMAN KAUFMAN: Well, this has not been abated, so for the Board, we only have really one choice, and that's to impose the fine. MR. FAIRHURST: Is there any way that I can -- I can't get an extension on -- CHAIRMAN KAUFMAN: Not with -- it's not been abated, and you haven't paid the operational costs. We don't -- we don't change the dates when there are no operational costs that are being paid. That's our -- MR. FAIRHURST: So there's no way to get a continuance on the permit? CHAIRMAN KAUFMAN: Well, you haven't done anything since December. Why would we grant you anything? MR. FAIRHURST: Well, I don't have anywhere to put all this stuff that I have, and -- MS. CURLEY: Okay. Well, let's ask the county if there's anything that you can suggest that maybe you think why there's been no work done. I mean, you didn't know or understand the operational fees. Is there just an educational component that's missing? MR. MARINOS: There quite possibly could be. There's been multiple attempts by the county to make contact with Mr. Fairhurst. I believe his number changed recently, which has been one issue. I did make contact with him on site when I took over the case. CHAIRMAN KAUFMAN: Which was when approximately? MR. MARINOS: Approximately, I want to say, November, starting November 2021. CHAIRMAN KAUFMAN: November. So even before the April 25, 2022 Page 85 order was issued. MR. MARINOS: Yes. MS. CURLEY: So I think -- I understand that this first was issued in September and then the stipulation and whatever has happened. I feel like there's just a little bit of a learning curve here happening. And it is a little shocking when you find out you've lived somewhere 30 years and now this little shed back in the corner that you've just taken up as part of your house can't be there. Can you tell me who made the complaint, or how this came about? MR. MARINOS: If you give me just a moment, I certainly can. MR. LETOURNEAU: This is for an imposition. MS. CURLEY: Right. So I don't think that we really want to impose the fine on this gentleman when we could -- when we could extend it or do something. MR. LETOURNEAU: Well, that's up to you guys. MS. CURLEY: Right. So I'm asking -- MR. LETOURNEAU: We don't have all the information here from the case. CHAIRMAN KAUFMAN: We do not -- we do not extend cases or rehear them when the violation has not been abated and especially when the assessed operational costs were not paid. That is our history. MS. CURLEY: That's great. And it's case by case, and the -- CHAIRMAN KAUFMAN: Okay. You've had your time to talk. MR. RUBENSTEIN: I'd like to make a motion. CHAIRMAN KAUFMAN: Lee, yes. MR. RUBENSTEIN: That the fines be imposed as written. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. FUENTES: Second. April 25, 2022 Page 86 CHAIRMAN KAUFMAN: We have a second. All those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Okay. MR. FAIRHURST: So what do I do? CHAIRMAN KAUFMAN: We're imposing the fines. Somehow, some way you need to resolve this situation, and if you want, you can go to the Board, the county executive board, and ask for some remediation that you can't afford to pay the fine or whatever it is. MR. LETOURNEAU: Only once it's been abated. CHAIRMAN KAUFMAN: That's correct. That's the first thing you have to do. You have to resolve the situation that you have. MR. FAIRHURST: Okay. So I'm still getting fines now even -- CHAIRMAN KAUFMAN: No, they've been imposed. They will continue to accrue until it gets resolved. MR. FAIRHURST: So I've got to tear the shed down and -- CHAIRMAN KAUFMAN: If that's all it took to do initially, that would have resolved this whole thing back in December. But, I mean, you're the one who said you haven't done anything. MR. FAIRHURST: Yeah. CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: Can you please work with him to try to help April 25, 2022 Page 87 him understand. MS. CURLEY: I mean, you gave a guy 30 days for an illegal room, and you give this guy four months, and then you're, like, throwing the hatchet down. CHAIRMAN KAUFMAN: There was a motion before the Board. The Board voted on it, and that's it. MS. CURLEY: Well, it's rude. There's another way. This is -- we're a board of peers here. We could have -- obviously, there's an understanding -- CHAIRMAN KAUFMAN: You're out of line. MS. CURLEY: Maybe. CHAIRMAN KAUFMAN: Not maybe. You're out of line. MR. FAIRHURST: The thing I think I really didn't understand was that, you know, I purchased this house in 1991, and the shed came with it. And, you know, and to hear 30 years later you guys are telling me that I've got to tear it down, I mean, if I had the money to put my tools someplace, and my equipment, I -- MR. FUENTES: I think what's kind of been the topic of the day, it's whenever you purchase a property, you inherit the defects with it as well. I mean, as you said earlier, you learned something here today while you were sitting in the crowd. I think this was more or less the fact that the fines were not paid and no effort was made. And I could tell you that a lot of times if effort is being made, the Board is usually -- they lean towards the side of, you know, giving you some extensions or understanding that you're trying to comply. But in this sense, you specifically said nothing was done, no fines were ever paid, the operational costs. I mean, it just seems like zero effort was made. So, unfortunately, that's why the decision was made. MR. BLANCO: And just so you understand, this board has no -- no longer has jurisdiction over your case. The fines were April 25, 2022 Page 88 imposed. You know, as the Chairman mentioned, you have to abate the violation, and then you have to pursue whatever legal avenues are available to you through the County Commissioners. But we no longer have any jurisdiction over your case at this point. MR. LETOURNEAU: The code director's outside right now. He'll talk to you about your options at this point. MR. FAIRHURST: Okay. CHAIRMAN KAUFMAN: Thank you. MR. FAIRHURST: Thank you. MR. WHITE: Thanks for coming in. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: ***Next case, No. 4, CESD20200002597, James Kelley. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. KELLEY: I do. MR. JOHNSON: Yes. CHAIRMAN KAUFMAN: Okay. John, do you want to read this into the record for us? MR. JOHNSON: Yes, sir. Past orders: On January 28th, 2021, the Code Enforcement Board issued a findings of fact, conclusions of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violations. See the attached Order of the Board, OR5896, Page 3100, for more information. The violation has been abated as of March 15, 2022. Fines have accrued at a rate of $150 per day for the period from April 29, 2021, to March 15, 2022, 321 days, for a total fine amount of $48,150. Previously assessed operational costs of $59.28 have been paid. April 25, 2022 Page 89 Operational costs for today's hearing, $59.28. Total amount: $48,209.28. There are no other relevant factors, no other issues on this property. Everything is compliant. CHAIRMAN KAUFMAN: Okay. Sir? MR. KELLEY: Yeah. I'd like to have these fines waived, if I could. I am in compliance. And I was -- part of the problem was -- and I was in touch with Mr. Johnson the whole time. Due to COVID and so forth and the last two years, I haven't been able to fly down here. I don't live here. I just winter here. So I have been going back and forth. He recommended I pay the fine, I paid the fine. And that's where we are right now. I'm in compliance. It's -- I think -- I'm thinking something got mixed up here. CHAIRMAN KAUFMAN: You're from Boston? MR. KELLEY: Yes, sir. You got that? CHAIRMAN KAUFMAN: What a guess. MR. KELLEY: Southy, there you go. MR. FUENTES: He mentioned COVID. It's all waived. CHAIRMAN KAUFMAN: Anybody want to make a motion? MS. BOWMAN: Oh, yeah. I'll make a motion to deny the county the fines. CHAIRMAN KAUFMAN: Okay. Do we have a second? MR. FUENTES: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. RUBENSTEIN: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. BLANCO: Aye. April 25, 2022 Page 90 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Your fines have been abated, in essence. MR. KELLEY: Thank you. CHAIRMAN KAUFMAN: Okay. Go back to Boston. It's a little chillier there than it is here. MR. KELLEY: Well, that's why I'm here, of course. No, because of this, also. Hopefully we can find another place, but thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: ***Next case, No. 5, CELU201800137990, Vladimir Portal and Caridad Paz. MR. LETOURNEAU: Okay. I think -- believe this gentleman needs an interpreter. He didn't bring one. So we're going to offer up Cristina as the interpreter. THE COURT REPORTER: Do you swear or affirm that you will translate everything from English to Spanish and Spanish to English to the best of your ability? MS. PEREZ: Yes, ma'am. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MS. PEREZ: Yes. He does. CHAIRMAN KAUFMAN: Okay. Bradley, do you want to read this into the record for us? Start with the description of the violation first, though, if you would. MR. HOLMES: Certainly, yes. For the record, Bradley Holmes, Collier County Code April 25, 2022 Page 91 Enforcement in reference to Case No. CELU201800137990 located at 2035 Golden Gate Boulevard, Naples, Florida. Folio No. 36914160000. Description of the violation is unpermitted improvements/structures including a converted garage, an aluminum porch, an entry addition, a large warehouse, a swimming pool, and a ground-level addition to a permitted pigeon coop. Past order: On February 27th, 2020, the Code Enforcement Board issued a findings of fact, conclusions of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violations. See the attached Order of the Board, OR5742, Page 241, for more information. On February 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 April 28th, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $150.00 per day for the period from August 26th, 2020, to April 28th, 2022, 611 days, for a fine total -- for a total fine amount of $91,650.00. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing, $59.28. Total fine amount: $91,709.28. CHAIRMAN KAUFMAN: One quick side question. I know we're not rehearing the case now. But the pool -- when I see "pool," it always perks my attention up. Is that pool safe? Is there a -- MR. HOLMES: Yes. CHAIRMAN KAUFMAN: -- fence around it? Okay. I just want to know that. MR. HOLMES: Yep. CHAIRMAN KAUFMAN: Okay. April 25, 2022 Page 92 MS. BOWMAN: Has anything been done since the last -- MR. HOLMES: So to this point -- and they had to start off everything by seeking a variance that had to do with the actual pool, not the barrier for the pool, but the pool and the warehouse due to setback issues, which was applied for on May 14th, 2019. And due to circumstances with COVID, many delays occurred, and they ended up getting their variance approved October 28th, 2021. So at that point they could start into the permitting process or to get these issues rectified. Due to the financial cost of that variance, that's where they decided to take off. The pool has been CO'ed at this point as of March 16th, '22. The large storage building, the permit was applied for on April 8th, '22. Fees were paid on the 25th. So it's pending review -- or the beginning of the reviews. And they're working on plans for the alterations that were stated for the underside of the pigeon coop. Other items have not been addressed as of today. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: A question. CHAIRMAN KAUFMAN: Yes. MR. RUBENSTEIN: How could a CO be issued on a pool that's unpermitted? MR. HOLMES: It was found to be unpermitted at the time of the notice because it could not be CO'ed due to setback issues. The variance had to be approved before they could CO this permit. MR. RUBENSTEIN: Do you have any photos on this? CHAIRMAN KAUFMAN: No, we're not hearing it now. So that was when we heard it. We granted a -- MS. CURLEY: He got a variance, and he gets to keep the pool. CHAIRMAN KAUFMAN: We granted a continuance in February. Some of the stuff, it appears, has been taken care of and other stuff has not. April 25, 2022 Page 93 Cristine, tell the gentleman that -- it's Mr. Paz? What does he have to say regarding this? THE INTERPRETER: He says that we're following the process as we were told to, that we're obtaining the permits as we were advised for the things that needed to be permitted. So he says his problem is that he had an accident in 2019, because he hasn't been able to work since then, so financially it's been -- has been his problem. He's had to have two different surgeries on his arm and his leg. So his wife is the breadwinner, and he's unable to, you know, bring any money home. That's why they've been unable to complete everything. CHAIRMAN KAUFMAN: Does he have any idea when this can be resolved? THE INTERPRETER: He says about six more months to be able to finish what needs to be done. CHAIRMAN KAUFMAN: So to resolve the situation, if we were to grant a continuance for six months, that may help the situation? THE INTERPRETER: Yeah. He says in six months he hopes to be able to finish with everything. He is currently working with someone, with a permit company. CHAIRMAN KAUFMAN: Okay. Seeing as it's not in -- the violation has not been abated but the respondent has been working towards resolving a lot of this, I think granting a continuance for six months is not out of line. MR. FUENTES: I make the motion -- CHAIRMAN KAUFMAN: Sure. MR. FUENTES: -- to grant a continuance for six months. MR. BLANCO: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. April 25, 2022 Page 94 All those in favor? MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. THE INTERPRETER: So I just reiterated that the daily fines continue but that he was granted a six months' continuance, and he says he's going to try everything possible to make sure everything gets completed. CHAIRMAN KAUFMAN: It will be a lot easier to resolve the situation if everything is done. Okay? THE INTERPRETER: Thank you. CHAIRMAN KAUFMAN: Thank you. MS. BUCHILLON: ***The last case, No. 6, CESD20210002873, Yoelvis Ruiz Escobar. THE COURT REPORTER: Do you swear or affirm that you will translate everything from English to Spanish and Spanish to English to the best of your ability? MR. TRUJILLO: Yes. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: (No verbal response.) MR. ESCOBAR: Yes. CHAIRMAN KAUFMAN: Can you both state your name on the microphone for us? MR. ESCOBAR: Yoelvis Ruiz Escobar. April 25, 2022 Page 95 MR. TRUJILLO: And Joel Trujillo. CHAIRMAN KAUFMAN: Joel, I think I saw you before. MR. TRUJILLO: Yes. CHAIRMAN KAUFMAN: Okay. Jordann, do you want to read this into the record for us. MR. MARINOS: Absolutely. For the record, Investigator Jordann Marinos, Collier County Code Enforcement, in reference to Case No. CESD20210002873 for an unpermitted garage conversion into an office space consisting of two rooms with electrical modifications, A/C, and door alterations. Past orders: On August 27th, 2021, the Code Enforcement Board issued a finding of fact, conclusion of law in order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached Order of the Board. This violation has been abated as of April 26th, 2022. Fines have accrued at a rate of $200 per day for the period from December 26th, 2021, to April 26th, 2022, 122 days, for a total fine amount of $24,400. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing are $59.35, for a total amount of $24,459.35. CHAIRMAN KAUFMAN: Okay. Would you like to address the Board? Joel, are you going to tell him what I just said? MR. TRUJILLO: Yeah. What do you want me to tell him? That he has the same thing that he -- CHAIRMAN KAUFMAN: I just said, does he want to say anything to the Board. MR. TRUJILLO: No. Mainly what we have is that we have complied with everything that the county expects. We have achieved and we have got all the permits. We have actually got everything approved, and all inspections have been done, and the April 25, 2022 Page 96 whole property has been CO'ed. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion on this? MR. BLANCO: I will make a motion to deny the county's request for imposition of fines. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. BOWMAN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MR. BLANCO: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. One nay. Okay. The fines have been removed. MR. TRUJILLO: Thank you so much. We appreciate it. MR. FUENTES: I take mine back. I want to be part of the nay. CHAIRMAN KAUFMAN: Helen disappeared, so we can't end the meeting. I don't think we have anything left, Jeff; do you agree? MR. LETOURNEAU: The county has nothing further. CHAIRMAN KAUFMAN: Okay. I will -- MR. WHITE: I just would note for the record, Mr. Chairman, the next meeting date May 26th, 2022, at 9:00 a.m. in these chambers. CHAIRMAN KAUFMAN: Okay. One quick question: On May 26th, how much time are we going to have to operate? Is this April 25, 2022 going to be a time when somebody's coming in behind us? MR. LETOURNEAU: Elena, we have two more months, right, though? What were the -- Helen will tell us. I think there's two more months this year -- I think we've resolved this issue, hopefully, after these -- what are the two months that we're going to be pressed for time? MS. BUCHILLON: Next one is in August, and then October. MR. LETOURNEAU: Okay. After that I think we've got everything situated. CHAIRMAN KAUFMAN: Okay. Great. All right. We are adjourned. MR. WHITE: Thank you, Mr. Chairman. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :37 a.m. ENFORCEMENT BOARD BERT MAN, CHAIRMAN These minutes approved by the Board on Ape, g,),(4A as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC. Page 97