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CEB Minutes 05/26/2022May 26, 2022 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, May 26, 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 Kathleen Elrod Lee Rubenstein Tarik N. Ayasun, Alternate John Fuentes (Excused) Danny Blanco (Excused) Chloe Bowman (Absent) Sue Curley (Excused) ALSO PRESENT: Helen Buchillon, Code Enforcement Elena Gonzalez, Code Enforcement Jeff Letourneau, Manager of Investigations Patrick White, Attorney to the Board Page 1 May 26, 2022 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. Notice: That the respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of the 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 board shall be responsible for providing this record. Okay. Things should go fast today because we have a lot of empty seats up here. We're going to -- we're to start with the Pledge of Allegiance. If you'll all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: If you'd remain standing, Tarik has something he'd like to start with. MR. AYASUN: Thank you. As you know, we had a tragedy yesterday or the day before in Texas. It's very close to my heart for two reasons. One, I was president of the board for Marco Island Charter Middle School for 21 years; very close to kids. I know how it is in the classroom. Second, my son, Cornell Thompson, United States Marine Corp, he's from Uvalde, and I've been there. I've been to the community. Beautiful place. So, please, just for 30 seconds may I have silence to remember the people and the parents for the kids. (Moment of silence was observed.) Page 2 May 26, 2022 MR. AYASUN: Thank you. CHAIRMAN KAUFMAN: Before we begin, I wanted to acknowledge that one of our long-standing folks from the Code family, Eric Short, has moved onto another job in the county. And I thought Eric was terrific. It's going to be a big loss to Code Enforcement. Not only was he a supervisor here, he also ran the North Naples task force, which I'm a member of, and he was great. We're going to miss Eric. Okay. Having said that, let's start with the roll call. MS. BUCHILLON: Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Mr. Lee Rubenstein? MR. RUBENSTEIN: Here. MS. BUCHILLON: And, Tarik Ayasun? MR. AYASUN: Here. MS. BUCHILLON: Sue Curley is excused. Mr. John Fuentes is also excused, and Danny Blanco is excused. Chloe Bowman's supposed to be here. CHAIRMAN KAUFMAN: Okay. That brings us to the agenda. We may have a change or two? MS. BUCHILLON: Yes, sir, we have some changes. We actually just received a stipulation. First stipulation under hearings, No. 1, CESD20210001477, Four Amigos 3, LLC. And then also we have a continuance that was added to the agenda. Under public hearings, A, motion for continuance, CELU20190011289, Pelican Lake Property Owners Association of Collier County, Inc., which they're all scheduled for impositions. Page 3 May 26, 2022 And then the next, adding to the agenda -- well, it's not adding. We have a rehearing, which it was under the wrong section by my mistake, which I apologize, and it should be under old business, motion for rehearing, CESD20210002916, Carlisle Wilson Plaza, LLC. And now the withdraws. Under public hearings, D, hearings, No. 3, CESD20220001443, Michael C. Peck and Svetlana V. Peck, has been withdrawn due to compliance efforts. Number 4, CELU20210011019, Nelson Martinez Land Holding, LLC, has been withdrawn. It came into compliance just recently. Number 5, CESD2020000868 1 9 Ali Abouzari, has been withdrawn due to compliance efforts. Under old business, motion for imposition of fines, No. 5, CEPM20210002299, Nina Diaz, Lucia Marrero, and Alfred Diaz, Jr., 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. MS. ELROD: Motion to accept. MR. AYASUN: Second. CHAIRMAN KAUFMAN: Motion and second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Only one stip today. NM May 26, 2022 MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: It's like a different universe, okay. So the first stip is -- MS. BUCHILLON: Number 1. CHAIRMAN KAUFMAN: -- No. 1 from hearings. MS. BUCHILLON: Yes, CESD20210001477, Four Amigos 3, LLC. 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. CATHEY: I do. MR. ALISON: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. ALISON: Jay Alison. CHAIRMAN KAUFMAN: Okay. And would you like to read the stip into the record for us? MR. CATHEY: Yes. For the record, Investigator Ryan Cathey, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by: Obtain all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted improvement/alterations on the second floor within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request an investigator perform a site inspection to confirm compliance; and, May 26, 2022 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 Sheriffs Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. No problems? MR. ALISON: No problems. CHAIRMAN KAUFMAN: Okay. Get a motion to accept the stipulation as written. MS. ELROD: Motion to accept the stipulation as written. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Ryan. MR. CATHEY: Thank you. CHAIRMAN KAUFMAN: Thank you, sir. MR. ALISON: Thank you. MS. BUCHILLON: Next case would be the motion for continuance, CELU20190011289, Pelican Lake Property Owners Association of Collier County, Inc. 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. MUCHA: I do. MR. BOYD: I do. May 26, 2022 MS. COWAN: I do. CHAIRMAN KAUFMAN: Okay. If you could state your name on the microphone for us, please. MR. BOYD: Thank you, Chairman Kaufman. This is Attorney Don Boyd, and I'm with Attorney Brittany Cowan. Good morning to you and the members of the Code Enforcement Board. We are here on behalf of the respondent, Pelican Lake Property Owners Association of Collier County. CHAIRMAN KAUFMAN: Okay. We have a bunch of speaker slips. Are they going to speak or not speak? MR. BOYD: Chairman Kaufman, we don't have the answer to that, but I can tell you that we have filed -- we're set for the imposition of fine hearing today, but we also filed a motion for continuance, as we're still working with the county on some aspects of correcting the violation. So I don't know how you wanted to hear that or deal with that issue. CHAIRMAN KAUFMAN: Well, on the continuance, how much time do you need? MR. BOYD: We would request 90 days, we're requesting. CHAIRMAN KAUFMAN: Okay. And 90 days -- you're in the process of ameliorating the situation? MR. BOYD: That's correct. We're working with the county to deal with some landscaping issues that are in this drainage easement, which is at issue in the Code Enforcement case. So we're still working with county. The last meeting we had with the county occurred on May 16th, which is about 10 days ago. Just, again, we're trying to ensure that the proper buffer requirements are in this drainage easement which, again, from our standpoint, and it's confirmed in the engineering report that we provided, this draining easement does not serve a purpose. It's not functional, and that's, you know, confirmed in the Page 7 May 26, 2022 report. And we did attach a copy of that report to our -- the motion that we have filed today. CHAIRMAN KAUFMAN: Okay. Joe? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Any thoughts on this? MR. MUCHA: Well, I mean, from my standpoint, they've been very -- you know, I mean, for a couple -- a few years now I've been working with them, and it's a long process. All these things, it's steps. There's been many steps. And I think at first there was a -- you tried to vacate the drainage easement. That didn't work. MS. COWAN: Correct. MR. MUCHA: And they had to go another route called -- it's an easement use agreement. MR. BOYD: Agreement, correct. MR. MUCHA: And that's, like, very involved and takes a lot of approvals. And I think it looks like it's towards the finish line now, right? MS. COWAN: Correct. CHAIRMAN KAUFMAN: So you're not opposed to granting a continuance? MR. MUCHA: I'm not against it myself. I don't have a dog in the fight, really. I know there's some folks here from Copper Cove that would, you know, want to give you their opinion. But as far as I can see, they are working diligently. It's just the county -- there's many layers when it comes to these processes. CHAIRMAN KAUFMAN: Okay. So this is between Copper Cove and Pelican? MR. BOYD: That's correct. Copper Cove's the neighboring property or the neighboring community on the side of this, kind of, drainage easement, if you will, wherever the code enforcement issue is occurring, if you will. May 26, 2022 CHAIRMAN KAUFMAN: Okay. So let me just take a wild guess that they're going to say the opposite of you. MR. BOYD: That would probably be a fair conclusion, Mr. Chairman. CHAIRMAN KAUFMAN: I can see the heads bobbing. So why don't we start by the folks who want to -- the public to speak. I can call you by name. MR. RUBENSTEIN: Do we have a picture, Mr. Chairman? Do we have a picture of the property in question? CHAIRMAN KAUFMAN: Jeff. MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. I can dig one up. I wasn't prepared to show any pictures, but I can get one -- just bear with me a little bit, and I'll have one up here. UNIDENTIFIED MALE VOICE: We have pictures. We have multiple pictures. CHAIRMAN KAUFMAN: Do you have them hard copy they can put on the visualizer? MR. WHITE: He's not on the record, sir. MR. LETOURNEAU: I can dig one up here in about a minute. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: In the meantime, we could probably, you know, start with -- CHAIRMAN KAUFMAN: Okay. William. MR. BLOOMQUIST: Can we start with Ron, please. CHAIRMAN KAUFMAN: Or we can start with Ron. Since this is a continuance, we know nothing about what's going on there as far as the writeup other than what it says on our paperwork which says paving of asphalt in the drainage easement as well as trailers, pavers, wood signs, poles, miscellaneous items being stored in the -- it's probably an eyesore is probably -- May 26, 2022 MR. MUCHA: Well, I can tell you about all those other items that have been stored. Those have been removed. At this point it's just the trailers and the paving into the drainage easement. THE COURT REPORTER: Do you want me to swear them all in? CHAIRMAN KAUFMAN: Yeah, why don't you swear them all in at the same time. She can swear you in in distance; you don't have to come up. The word of God travels throughout the whole room. 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? (The speakers indicated in the affirmative.) MR. BLOOMQUIST: Can I just give them this? It's something I prepared. CHAIRMAN KAUFMAN: Do you have a copy of this you can put on the visualizer? If not, I'll give it to you. MR. BLOOMQUIST: I do. MR. LETOURNEAU: Mr. Kaufman, I do have a picture if you want to see it. CHAIRMAN KAUFMAN: Yeah. Why don't we see the picture so we know what people are talking about. MR. WHITE: Do you have another copy? MR. BLOOMQUIST: I have several copies. CHAIRMAN KAUFMAN: Okay. If you would, maybe you can describe what we're looking at. MR. BLOOMQUIST: My name is John Bloomquist. I'm the president of Copper Cove HOA. CHAIRMAN KAUFMAN: Okay. MR. BLOOMQUIST: I think before I say anything, first of all, I want to thank you for the opportunity to speak, number one, and, Page 10 May 26, 2022 number two, I want to thank you for doing what you do, because it's not an easy job. It's well paid, I'm sure, just like we are from the HOA board. So this is important and thank you very much for hearing us. CHAIRMAN KAUFMAN: We get paid double what you get paid. MR. BLOOMQUIST: That's a lot, yeah. Okay. So we found out that Pelican Lakes would come before Collier County's Board of Code Enforcement with the attached petition through Joe Mucha. Over the last two months, we've learned that besides receiving changes to their drainage easements and PUD for three lots, they are now asking for code fines to be mitigated by this board. This should not happen unless Copper Cove Preserve has some say. We have incurred several considerable hardships over the last four -plus years with legal fees impacted by slightly -- unsightly conditions coming in and out of our community, delays and loss of time to make decisions on a recreation parcel, and much more. Between 2017 and 2020, Pelican Lakes tried to take our property, our well, and sued us for their own benefit and to harm Copper Cove Preserve. Now we come before you for help. This is not only -- this is only to do with the eastern boundary and the applicable easement and Code Enforcement for screening of their 10- to 12-, 14-foot trailers that are two to four feet away from our boundary line, which does greatly impact us. From what I understand, it is zoned for three lots on their PUD today, not storage. Again, this is the first thing we see, our community, when entering and leaving the community. We are 100 percent residential, a relatively new HOA, only -- since 200 of the homes were built since two thousand --between 2011 and ' 14. Page 11 May 26, 2022 I understand -- understood from the open meeting at Rookery Bay a new 8- to 10-foot wall would be put on their boundary and was to be placed to screen these trailers from the residential -- but it was placed in front of their trailers to screen it from their residential properties and not Copper Cove's. We have even discussed the drainage coming from the asphalt to the property line, and -- we haven't seen this, and there's not a typical 15-foot buffer between property lines. After not being able to speak to Pelican Lakes except through attorneys between the years 2017 and '21,1 finally went to the general manager, and we asked to open up communications with Copper Cove Preserves and their board of directors. We've asked for a wall on the south -- we've asked for the wall to the south be built around the corner and 60 yards to the preserve without success. They insist that a five-foot minimum for lots which has been, and as I understand it, will continue to be storage. We've also asked for drain tiles since the drainage easement has been mitigated or it's being mitigated by South Florida Water Management District, which runs directly off their asphalt to Copper Cove property. But, again, they would not hear of this. Today we only have a buffer that is their northeast boundary, and it's a preserve. But that does not cover the storage area, and that's what you're looking at right up here. Since February, I understand their general manager, their president, their treasurer, and others have resigned from the board of directors. I was able to reach out to the president, John Albert, and we talked about the code for screening storage area. It was a cordial call, but I reminded him that there's a significantly different screening for lots, you know. And he said he would check the requirements and get back to me, but it would have to go before the homeowners Page 12 May 26, 2022 and be voted on. My question is, not Code Enforcement? I mean, I would think they would have the say in this. I reminded him that the last five -plus years we've had to live with an eyesore, and when we asked if Copper Cove -- when they asked if Copper Cove would be willing to help with the expense of the wall, I also -- he asked if we would help pay for it. I reminded him that the responsibility to screen their storage was not Copper Cove's, and he would get back to me and research the code enforcement. As of today, we have not heard back. We cannot be silent anymore. We are asking for a minimum of a wall like the south and -- west and south roadways be completed around the corner to the preserve. Like down the -- like the wall down the boulevard. As stated in Statutes 4.0.2.12, the design standards for outdoor storage. Keep in mind, today on the books it shows that it's three lots, but they're asking for special usage for storage, and that pavement goes right within three feet of that fence that they have, which is the boundary line. And you can't tell me -- and on the other side of that -- of that concrete or that asphalt is a wall that was put on the side. And I thought it was going to be in our boundary line, but it was put to screen them and not screen us. It didn't seem fair. So they keep telling us, I believe we need more than a non -permitted five-foot chain -link fence and a hedge, especially since their toy haulers are between 10 and 14 feet tall [sic] and parked right up against the fence. They want to put up a hedge, which needs to be maintained. Who's going to irrigate? Who's going to maintain the height properly? These are all good questions. And I just don't think it's enough. And the asphalt, no drainage buffer. We had asked them at one time, can they put a drain tile on there so it goes to the preserve or the Page 13 May 26, 2022 other side, which goes to the roadway, which has got a natural swale, and they wouldn't do that. So they also have two ship containers. You know those containers you see on ships? They have two of those they're using as buildings in there. They have a maintenance building inside there. They have equipment storage in that area. And I believe that the ship container is actually in their preserve. And, if I'm not mistaken, preserves do not allow ship containers or temporary buildings to be put on a preserve. So all we're asking for is that they follow Collier County codes and that this is handled fairly, and that's really all we want. We think we owe it -- 217 homes, all single-family, and we look at this every day going in and out of the preserve. Now, if you look at the one -- the picture that's up there, that's an old picture, and that picture is when they had the fence on our property. And what they did, they moved it up to the asphalt, three feet from the asphalt. That is not today's picture, and it doesn't show the wall. And that is a -- to my knowledge, we have not been able to find a permit for that fence to begin with, and it was on Copper Cove's property. Actually, it's on our buffer. So they moved it back, but it is right up against -- UNIDENTIFIED MALE VOICE: This is a better picture of todays. MR. WHITE: Sir, if you're not on the record, you can't speak. Wait your turn, please. UNIDENTIFIED MALE VOICE: I just wanted to give him an updated picture. MR. WHITE: Sit down, please. UNIDENTIFIED MALE VOICE: I will. MR. RUBENSTEIN: Jeff, do we have a plat picture available that shows Copper Cove -- Page 14 May 26, 2022 MR. LETOURNEAU: I personally don't have one available at my fingertips here. CHAIRMAN KAUFMAN: Let me do one thing. They are asking for a continuance. We're not hearing the case. So all of the pictures and everything else will come to play when the case is either heard or not heard. So that's one thing I wanted to say. Jeff, you want to say something? MR. LETOURNEAU: A couple things. The case has already been heard. There's already been a violation confirmed. There's daily fines running right now. This is really not the venue to talk about what they can and cannot have going forward in the future. Joe is the Code Enforcement officer in charge of this case. His duty is to find -- you know, find a violation and try to get them to comply with that particular violation. Code has no say in what they're going to be allowed to put in there as far as fencing, buffers, this and that. That's something they have to do in conjunction with other entities of Growth Management: Zoning, Building Department, Engineering Department. Whatever they're allowed to do, that's going to have to be decided by those entities at Growth Management, not Code Enforcement, or this board has no say in that either. But right now, they're getting fined daily. Even if they get a continuance, those fines will still continue to run. If they have to go above and beyond to get something like a conditional use or, you know, a Site Improvement Plan or something like that, the county will reach out to the other members of the community to get their input on, you know, what they're going to allow them to do there. You know, I just don't think this is really the entity that can satisfy your requirements of, you know, not being -- to be able to do one thing or the other as far as that easement goes. Page 15 May 26, 2022 CHAIRMAN KAUFMAN: When was this -- MR. BLOOMQUIST: With all due respect, we have never been contacted about any changes with the exception of the one on the PUD that was at Rookery Bay when they came and said they were going to put a 10-foot wall in the end. MR. LETOURNEAU: I mean, I don't know the whole situation. I don't know the zoning. I don't know where they're at as far as getting this thing permitted. I don't even know if they need neighborhood input. They might have some approved -- something already approved as an accessory or primary use on that particular property. MR. MUCHA: If I could just say one thing, too. This particular case is just involving the paving into the drainage easement. It has nothing to do with walls or buffering. And that's something that's going to be addressed with their ongoing process that they are going to put in a hedge, which code does allow you for a storage yard to put a 7-foot hedge in or a wall. I mean, that's nothing I have control over, and I don't even think Copper Cove can even object to them putting in a hedge or a wall. But this particular case is just about the paving into the drainage easement. CHAIRMAN KAUFMAN: Okay. So what I'm trying to get to the bottom of -- and we'll let everybody who has requested to speak speak -- is if you object to the continuance -- let me explain. The continuance means they want to come back here. They're not in compliance right now. I don't know when it was heard or when the fines started to accrue, how much the fines are, don't know any of that. MR. MUCHA: I can give you -- MR. LETOURNEAU: I believe it was October of 2020 when the case first originated here. MR. MUCHA: February of 2020, and the fines to date are over Page 16 May 26, 2022 $127,000. CHAIRMAN KAUFMAN: Okay. So -- which brings us back to you object to their request for a continuance; is that what we're -- about the paving. That's what we're talking about? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. Jeff, you agree to that? MR. LETOURNEAU: I do. I don't have the order in front of me right now, but I'm taking Joe's, you know, expertise/opinion. CHAIRMAN KAUFMAN: Okay. So it's the continuance. I understand what you're saying. For some reason, I don't recall this case when it was done, and I've been around here longer than the podium's been here. So why don't we hear, if you're done -- MR. BLOOMQUIST: I can turn it over to a few of the other people that wanted to talk. CHAIRMAN KAUFMAN: Thank you. MR. BLOOMQUIST: And I think this has been -- this pot's been stirred long enough, and a lot of people are really frustrated on our end. And so if it shows that way, I apologize in advance. But, you know, we've had to deal with this. It's always a continuance. This is the way it's always been, and then they legal up, and then they come before these things, and they get another continuance and another continuance and another continuance. Meanwhile, there's 217 homes in Copper Cove that look at this on a daily basis. We'd like to do something with our recreation parcel. We'd like to take down that temporary thing that's sitting there because we had to hide it as best, we can because it was -- it looked terrible. And I'd be glad -- more than happy to offer a tour and show you exactly what we're talking about any time, because we need some help on this. It's been dragging on too long. CHAIRMAN KAUFMAN: Okay. Why don't we have the -- MR. RUBENSTEIN: Mr. Chairman, do we have any more Page 17 May 26, 2022 pictures that show the overall site as in comparison to -- CHAIRMAN KAUFMAN: Helen, you have -- MR. RUBENSTEIN: -- Copper Cove? CHAIRMAN KAUFMAN: You have a picture that you can show on the visualizer? MR. RUBENSTEIN: For a plat map. MR. WHITE: Mr. Chairman, if I may, as a point of order, the matter before you is a motion for a continuance. CHAIRMAN KAUFMAN: I understand. MR. WHITE: You cannot, in a sense, rehear the case from 2020, nor can you at this point in time, with all the testimony you're likely to hear and have heard, do anything other than decide on the continuance or not. You cannot impose additional fines. You cannot mandate that something happen. It's beyond your jurisdiction. CHAIRMAN KAUFMAN: I understand. What -- MR. WHITE: In the simplest terms, this testimony is not relevant to the continuance request. CHAIRMAN KAUFMAN: Okay, I understand. What Lee is asking for is he just wants to see what they're talking about. MR. WHITE: I understand. CHAIRMAN KAUFMAN: Okay? MR. RUBENSTEIN: I want to see how Pelican Lakes' property butts up to Copper Cove and where the infraction is. This picture shows me it could be anywhere in the county. Where's Copper Cove's property line -- how does this picture affect those? MR. WHITE: How is knowing the answer to the information you're seeking going to affect your determination of whether a continuance should be granted or not or what the amount of time may be? It may have something to do with how long you think it might be that they need. They think they need 90 days. May 26, 2022 MR. AYASUN: Mr. White, I have a question, too. MR. WHITE: Yes, sir. MR. AYASUN: What if we accept or what if we deny? What is the consequence of each case? MR. WHITE: As staff has told you, you have an imposition of fine case, No. 10 on your agenda today. Let's assume for the sake of discussion, a hypothetical, that you deny the continuance. Then my belief is you will be under imposition of fine hearings No. 10 be considering the case. MR. AYASUN: Right. MR. WHITE: But my point simply is, knowing some of these things may be relevant to whether you impose the fines or not, but as to whether you continue the case or not, I'm not sure it matters. I understand due process, and everybody here wants to have an opportunity to speak, but I don't believe this is the forum where you have any authority to do anything other than grant the continuance or not or impose the fine or not. MR. AYASUN: So all we are tasked with here is decide whether we're going to allow the continuance or not; is that correct? MR. WHITE: That's correct. And if you're going to allow it, how much time. MR. AYASUN: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. Next speaker. We have John, Karen, William. MS. FINN: I'm going to speak. MR. RUBENSTEIN: Are we going to see a picture or not? CHAIRMAN KAUFMAN: On the picture, just so we know what we're looking at as far as the time is concerned, do you have a problem with that? MR. WHITE: It's at your discretion. I'm simply trying to keep the Board within the parameters of what you have authority to do and Page 19 May 26, 2022 decide today. CHAIRMAN KAUFMAN: Okay. Well, I don't think showing a picture is going to change that much of what we're doing. Do you have a picture of the lay of the land, Helen? MS. BUCHILLON: No, sir. MR. WHITE: Mr. Chairman, there was no motion made by Mr. Bloomquist with respect to the materials he's provided you as to whether he wants them admitted into the record or not. I know you've probably reviewed them. He's read it almost verbatim into the record. But there was nothing that was stated as to whether he wants it admitted as evidence or not. MR. BLOOMQUIST: I brought them for that purpose so you would have them. I'd be more than glad -- CHAIRMAN KAUFMAN: Okay. Why don't you go. MS. FINN: Okay. My name is Karen Finn, and I'm a resident of Copper Cove. Today we came here because there was a hearing about Pelican Lakes having their fines mitigated. When we get here, now we find that they, Pelican Lakes, wants a continuance. So everything that we had prepared was based on coming here for this hearing about levying fines -- or removing the fines from Pelican Lake, but now we're told that we can't bring any of this here because you, or we, are only supposed to be dealing with a continuance, another 90 days, for something that has been going on for the last four -and -a -half years. I think this is very unfair. My point in coming here today about not allowing these fines to be waived from Pelican Lake is that there are three residential lots involved in this area that they are using for a commercial storage facility. They have never been changed. There's never been a rerecorded plat map. There has never been an amendment or a zoning variance in this area to allow this storage to go on. This has been a problem since 2018. Page 20 May 26, 2022 So what are we supposed to do here today, wait, and now just have you rule on some continuance and come back and be able to present our reasons why we are upset with this whole situation that has been going on since 2018? When Pelican Lake submitted three parcels for permits for a fence to be replaced after Irma, and one of those parcels is part of this area that we are here today talking about, that they never continued the fence in the permit they got. Why was the county signing off on it? Why was it never completed correctly? So here we are. So that's all, really, I have to say, because if we're only here for a continuance, what I have to say means nothing. And I want to know when we can come back when it does mean something to this board and to the code. CHAIRMAN KAUFMAN: Well, if a continuance is not granted by the Board, then we're going to hear Item 10, which is the imposition of the fine. MS. FINN: Okay. CHAIRMAN KAUFMAN: And if the fine is imposed, and it's still not brought into compliance, the fines continue to accrue. MS. FINN: All right. CHAIRMAN KAUFMAN: So I hope that answers that portion of your question. MS. FINN: And if the continuance isn't issued and we hear this about these fines, how much longer is this going to go on? CHAIRMAN KAUFMAN: Until they run out of money. MS. FINN: Just saying that the fines are going to be given to these people does not bring this property into compliance in any way, manner, or form. CHAIRMAN KAUFMAN: Well, fines are generally the method that is used to get compliance. MS. FINN: But it hasn't happened since 2020. Page 21 May 26, 2022 CHAIRMAN KAUFMAN: And they have been accruing since. MS. FINN: And so? CHAIRMAN KAUFMAN: And they're up to what, Joe, 100-and-some-odd thousand dollars? MR. MUCHA: $127,000. MS. FINN: They could have put a fence in by now. CHAIRMAN KAUFMAN: Okay. MS. FINN: All right. Thank you. CHAIRMAN KAUFMAN: Okay. Thank you. We have another speaker? John Lovera. MR. LOVERA: Lovera. CHAIRMAN KAUFMAN: And for vou. Patrick, it's L-o-v-e-r-a. MR. LETOURNEAU: Mr. Kaufman, I'd like to put up the original order if you guys -- CHAIRMAN KAUFMAN: Yeah. MR. LOVERA: My name's John Lovera. I'm a resident of Copper Cove. Most of the points I had in my statement have been brought up, especially all these properties are residential. They are running a storage facility there. They collect rent from their HOA people for that storage facility. Why it's been allowed? You know, across the road on 951 we have a storage center that pays property taxes and collects sales tax and so forth. These properties, the assessment on them are only $100. They are not being assessed for property tax, yet they are producing income, number one. The other, I have -- I gave a pit photograph of the storage containers which were put on. I did make a complaint to the code department about four years ago about these storage containers. I Page 22 May 26, 2022 believe the county has a rule against storage containers on residential properties. The county's been granting continuous exemptions for these containers because Pelican comes to them saying that they have building permits, and they need these containers to hold material in. Is the photograph of that -- can you show that? CHAIRMAN KAUFMAN: Well, we need a motion from the Board to accept that photo. Do you have a motion? MR. RUBENSTEIN: Yeah. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: Second. CHAIRMAN KAUFMAN: Okay. second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. Do we have a second? We have a motion and MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: So we can show that photo now. MR. LOVERA: This photo is an example; it's right on the line with our development. There's an orange trailer and a gray one that have been there since 2017. You can see the growth growing on it. Those containers are in a wildlife preserve. They are not in the rec parcels that the shipping containers are on. So this is the example of what Ron was talking about earlier. This is why we are frustrated. So that's about all I really have to say. I think the other owners -- MR. RUBENSTEIN: Sir. MR. LOVERA: Yes. MR. RUBENSTEIN: Is the property on the right of the fence Page 23 May 26, 2022 Copper Cove? MR. LOVERA: Correct, sir. We have a 15-foot buffer as required by our PUD. They have a 15-foot buffer as required by their. They are not following that. They have -- I have one other where their actual trailers are. CHAIRMAN KAUFMAN: Our motion covers both pictures. MR. LOVERA: They have -- that's the pavement. It's three -and -a -half feet from our fence now. They moved the fence back because they were 11 feet on our property. They sued us for adverse possession. We won the case, and they moved the fence back. CHAIRMAN KAUFMAN: Let me ask a question, just to clarify my mind. On the other case, not hearing anything, were they cited for these violations? MR. MUCHA: For the storage containers? CHAIRMAN KAUFMAN: Yeah, I can't read what you put up, Jeff. MR. MUCHA: That was actually on a separate parcel than the one we're dealing with today. CHAIRMAN KAUFMAN: Okay. But it was a case that was heard, and they were cited? MR. MUCHA: I don't think it ever came to a hearing, or it might have. It's been a few years I've been dealing with this, so... MR. LETOURNEAU: What we're here for right now is spelled out in the bold letters right here. That's what we're imposing -- that's what we're asking to impose on today. Observe paving of asphalt into the drainage easement as well as trailers, pavers, wood signs, signs poles, and other miscellaneous items being stored in the drainage easement. That's what the county brought for imposition today, and that's what they're asking for a continuance on. Page 24 May 26, 2022 CHAIRMAN KAUFMAN: Okay, gotcha. MR. MUCHA: And so, basically, all those other items besides the trailers have been removed from the easement. CHAIRMAN KAUFMAN: Okay. MR. LOVERA: No. CHAIRMAN KAUFMAN: Okay. Do we have any other speakers? MR. LOVERA: Thank you for your time. CHAIRMAN KAUFMAN: Thank you. Do we have any other speakers? (No response.) CHAIRMAN KAUFMAN: Okay. Hearing none, maybe the respondent and -- MR. WHITE: Mr. Chairman, I mean, I'm trying to help stay between the lines of procedural due process today. CHAIRMAN KAUFMAN: Okay. MR. WHITE: I think you at least need to ask whether the counsel for the respondent desire to cross-examine any of the witnesses, at least put it on the record whether they chose to or not so that we're kind of following our own rules. CHAIRMAN KAUFMAN: Okay. So what he said, do you want to cross-examine any of the witnesses? They've been sworn. MR. BOYD: Chairman Kaufman, I don't think we're going to exercise our right to cross-examine the witnesses. Again, I think I would agree with counsel here, what they've essentially said is kind of far afield from what we're asking for in connection with the limited request of a continuance today. MS. COWAN: But if I may, I would just like to briefly address a couple things and clarify some issues related strictly just to the continuance itself and that request. So a couple things: It is actually zoned TTRV permitted use Page 25 May 26, 2022 under the PUD. 3.3.B is trailer storage. The three lots in question actually did receive site development approval back in the '90s for trailer storage. We do understand -- Pelican Lake completely understands the concerns of Copper Cove. It's an eyesore. We get that. So part of the process -- and Joe Mucha was just on the recent call with this. We have already obtained district permits from South Florida Water Management related to the drainage easement and the ditch, so that was a process. We had to go through that process. Once we obtained the district approval, which was October of last year, we had to submit that, then, to county Stormwater Division. We obtained Stormwater approval already for the encroachments, being the trailers and the pavement. So we did obtain that in November of last year. What's the remaining piece of this, to screen this properly, we have to comply, as I think it was Mr. Lovera mentioned, with the outdoor storage requirements for trailer storage. So we have to comply with that as well as our Pelican Lake PUD. So we have proposed, and we have presented both to Mark Templeton at landscaping and to the newest Stormwater manager. We've submitted the landscaping proposal, but because it is a drainage easement and it's all overlapping on our PUD, we have to get an additional approval from Stormwater before we can make any planting and screening right now. Otherwise, it would be potentially subject to another code violation. So that's the last piece that we're waiting on. That's why we've requested the continuance today. CHAIRMAN KAUFMAN: Okay. And you believe that in 90 days you're going to have everything done? MS. COWAN: Yes. So everything's been submitted. We just had our -- as Mr. Mucha mentioned, we had our last meeting with county Monday, May 16th. At that point we proposed all of the Page 26 May 26, 2022 additional landscaping. We met with Mark Templeton. We've been meeting with -- Stormwater actually just changed over this week, so there's now a new person in Stormwater that's being brought up to speed. But we've been actively pursuing this. We absolutely want to screen the storage area. We have submitted proposals for that. We'd be happy to share them with Copper Cove as well. But they have been submitted to county. UNIDENTIFIED SPEAKER: Can we ask a question? CHAIRMAN KAUFMAN: Okay. The public hearing is closed. So everything is going to be done in 90 days, so you hope. MS. COWAN: Yeah. So the remaining piece would be Stormwater approval to now put the plants we already have for the pavement, and the storage trailer, approval for that from Stormwater, but to put the plantings there because there is 100 percent overlap between the PUD and the landscaping requirements with the drainage easement. So we want to get approval for that before we plant anything, because we don't want to have another code issue on our hands. CHAIRMAN KAUFMAN: Okay. So in 90 days -- MS. COWAN: Correct. CHAIRMAN KAUFMAN: -- if everything is -- and I'm talking to you folks to the left side of my head. If everything is done, the respondent then has to come back, and we will either impose all or part or none of the accrued fine. There's a big difference between when we hear the imposition of fines whether they have come into compliance or not. So I just wanted to make that clear. Jeff? MR. LETOURNEAU: No, you said pretty much what I was going to say. Page 27 May 26, 2022 CHAIRMAN KAUFMAN: Board? Oh, boy. So comments from the MS. ELROD: Regardless as to whether we do a continuance or not, it's still going to take them that long to get it done. CHAIRMAN KAUFMAN: I believe you're correct. MS. ELROD: So I'll make a motion to grant the continuance. CHAIRMAN KAUFMAN: Okay. Do we have a second? MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. Okay. MR. AYASUN: But remember the fines continue. MS. COWAN: Absolutely. CHAIRMAN KAUFMAN: They continue to accrue. Okay. I believe that this is going to be the end of the road for your problems once this is resolved within the next three months. If it's not, the fines will continue to accrue. And the last thing that can be done when these are written up is that the county can abate the situation and charge that back to the people who are violating the law/ordinance. Okay. Any other comments on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Okay. It passes. Ninety days. MR. RUBENSTEIN: Nay. MR. BOYD: Thank you, Chairman. Thank you, Board. MR. RUBENSTEIN: One nay. MR. WHITE: Relative to the imposition case, No. 10, my understanding is -- and, Helen, I may be wrong. CHAIRMAN KAUFMAN: Change the agenda. I May 26, 2022 MR. WHITE: While counsels here, they want to withdraw the item, and that would require the Board to amend the agenda to allow them to withdraw with it. CHAIRMAN KAUFMAN: Well, I'm not sure. If we have granted a continuance, doesn't that automatically -- we change the agenda to just remove it? MR. WHITE: It's still an item on the agenda. It's more a formality of process. CHAIRMAN KAUFMAN: Okay. So, Counselor, will you withdraw Item 10? MR. WHITE: It's the county's request to withdraw, sir. CHAIRMAN KAUFMAN: Okay. MR. WHITE: I'm sorry. I'm trying to fill in for Mr. Letourneau. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Thank you, Mr. White. Yeah, due to the fact that the continuance was granted, the county will withdraw the imposition at this point. CHAIRMAN KAUFMAN: Okay. MR. WHITE: You need a motion to amend the agenda to withdraw it. MS. ELROD: I'll make a motion to withdraw it. MR. AYASUN: Second. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Page 29 May 26, 2022 And I need a motion to amend the agenda. MS. ELROD: Motion to amend the agenda. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: And it's seconded. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: No. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: It passes unanimously. MS. ELROD: In ninety days it should be taken care of. CHAIRMAN KAUFMAN: I believe your problems are actually going to be resolved, and I'll be here in three months. Hopefully. MR. BLOOMQUIST: Thank you. CHAIRMAN KAUFMAN: Thank you. Now we have a nice intimate meeting. We have all the distractions removed, and Jeff has disappeared, but that's okay. We can continue. MS. BUCHILLON: Okay. Next case under public hearings, motion for extension of time, No. 1, CESD20210000240, Parrots in Paradise Trust, which they are also scheduled for imposition. CHAIRMAN KAUFMAN: Okay. 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. PATTERSON: I do. MR. WETZEL: I do. CHAIRMAN KAUFMAN: Sir, if you could put your name on the mic for us, please. Put it up a little bit. MR. WETZEL: I do. Page 30 May 26, 2022 CHAIRMAN KAUFMAN: Tell us your name. MR. WETZEL: Kent Wetzel. CHAIRMAN KAUFMAN: Okay. And you are -- MR. WETZEL: The owner of the trust. CHAIRMAN KAUFMAN: Okay. Sherry? MS. PATTERSON: Sherry Patterson, Collier County Code Enforcement. CHAIRMAN KAUFMAN: This has to do with alteration work, enclosed lanai without required permits, et cetera. MS. PATTERSON: Yes. CHAIRMAN KAUFMAN: continuance on this case? Okay. So you are requesting a MR. WETZEL: Yes. The reason for that is that when I first got the notice, I thought this was going to be something very easy. I went to two builders that I know in Collier County, and they both looked at this, and they said, oh, we can take care of this. We'll hire an engineer, have them come out and look at it. And trying to find an engineer in today's environment to do a project that's that small when they've got requests to do projects that are that big is very difficult. So as time went by and I kept following up with them and saying, are we going to get the engineer out there? Are we going to get the engineer? And, finally, they sort of went, we can't find anybody that wants to accept the small project. So a friend of a friend recommended Russ, who has submitted all the documents to date. What this started out as, I bought this house 10 years ago, and a neighbor complained that said it's an illegal structure. Well, the first thing I did was I went down to Collier County and said, can I get a copy of the original building permit? Well, it was built in the '70s, and nobody had a copy. They searched their records; it wasn't available. Page 31 May 26, 2022 CHAIRMAN KAUFMAN: It's on microfiche, but go ahead. MR. WETZEL: Yeah, it wasn't. Yeah, microfiche, yeah. And what this was was this was a true Florida room at the time it was built, concrete slab, 3-foot wall around it, the jalousie crank -out windows. CHAIRMAN KAUFMAN: Let me cut -- make this a little shorter. MR. WETZEL: Oh, okay. What I'm asking for is -- I know. I got sidetracked. CHAIRMAN KAUFMAN: MR. WETZEL: Yes. CHAIRMAN KAUFMAN: the house? MR. WETZEL: Correct. CHAIRMAN KAUFMAN: it CO'ed with a -- MR. WETZEL: Correct. CHAIRMAN KAUFMAN: into compliance? Let me just ask one question. Was this done before you bought So that means you're trying to get -- with an architect to bringing it MR. WETZEL: And we're about that close to having it all done now. And I think Sherry will agree we've submitted -- my engineers -- the engineer I've finally got has submitted everything. Code Enforcement's come back. We need one more document, and I think he got that all in yesterday. And so I'm hoping that within the next -- I think they have a meeting next Wednesday, and I'm hoping that they're going to say "we're going to give you a permit on next Wednesday." CHAIRMAN KAUFMAN: Okay. So it's permit by -- MR. WETZEL: Affidavit. CHAIRMAN KAUFMAN: -- affidavit. And, Sherry, do you have any comments on this? Page 32 May 26, 2022 MS. PATTERSON: I understand. I talked to Mr. Wetzel earlier today about what was going on. I kind of filled him in on the code side from what we see. And I know that he's diligently working on it. What county has to say is that he was granted 180 days back in October 29th, 2021, and it's taken him six months to get to where he's at right now. And so, you know, and he's looking for a 90-day extension. Right now the permit is in reject status. There are still some things he needs to, you know, take care of, get that done, and I talked to him about that, so I'm sure he'll be going back down there to talk to the county and get it all finished out. But that's what the county has to say about it. CHAIRMAN KAUFMAN: So you think this could be done in 30 days? MR. WETZEL: I'm very well -- I would say 99 percent sure it will be done in 30 days. CHAIRMAN KAUFMAN: Okay. But you're requesting 90 days just in case? MR. WETZEL: Just in case, yeah. I've never had to do this before, and the engineer that I've got right now is very good. I'm just, you know -- CHAIRMAN KAUFMAN: Okay. Okay. MR. RUBENSTEIN: Motion to accept. CHAIRMAN KAUFMAN: Motion to accept -- MR. RUBENSTEIN: Continuance. CHAIRMAN KAUFMAN: -- for 90 days. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second to accept the continuance for 90 days. All those opposed? (No response.) Page 33 May 26, 2022 CHAIRMAN KAUFMAN: Okay. You have 90 days. MR. WETZEL: One other thing is I know we have a -- CHAIRMAN KAUFMAN: No more questions. I'm only kidding you. MR. WETZEL: I know there's supposed to be a fine that is accruing, and I'm hoping that -- you know, that I really have been working on this, that we can do something that we don't -- I've had to hire -- the engineer cost me $3,000, and I'm hoping I don't -- CHAIRMAN KAUFMAN: The fines will continue to accrue until you come into compliance. MR. WETZEL: Okay. CHAIRMAN KAUFMAN: At that time we will hear for the imposition or non -imposition or modification of the fine at that time. MR. WETZEL: Okay. CHAIRMAN KAUFMAN: Okay. So you can make your plea now, but it's going on deaf ears until you come into compliance. MR. WETZEL: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. Jeff? MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. We would like to withdraw our imposition due to the fact that you gave the 90-day continuance. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Motion to modify the agenda. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. Page 34 May 26, 2022 MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Okay. So, Helen, you can strike that from the motion to impose. MS. BUCHILLON: Got it. MS. PATTERSON: Thank you. CHAIRMAN KAUFMAN: Thanks, Sherry. MR. WETZEL: Thank you. MS. BUCHILLON: Next case under motions, motion for extension of time, No. 2, CESD20210008551, Robert Vocisano and Mario Vocisano. 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. BAEZ: I do. MR. GONZALEZ: I do. MS. PEREZ: I do. CHAIRMAN KAUFMAN: Okay. You can bring the microphone down. That's my level, okay. MS. BAEZ: Maglie Baez. CHAIRMAN KAUFMAN: And? MR. GONZALEZ: Ariel Gonzalez. CHAIRMAN KAUFMAN: Okay. Cristine. MS. PEREZ: Good morning. Cristina Perez, Collier County Code Enforcement. This is a request from the respondent for an extension of time. CHAIRMAN KAUFMAN: How much time are you requesting? MS. BAEZ: I'm requesting at least 90 days. CHAIRMAN KAUFMAN: Okay. And the reason for your request? MS. BAEZ: Is we have been putting in for the permit, but they Page 35 May 26, 2022 keep rejecting it because they need more information from the architect and the contractor. So that's what they're working on right now. CHAIRMAN KAUFMAN: Okay. And you think -- MS. BAEZ: We have put in for the permits, but they have been rej ected. CHAIRMAN KAUFMAN: Okay. Are you familiar with what the rejection -- MS. PEREZ: It's an extensive list of structural rejections and fire -- the fire review rejections. So my conversation with Ms. Maglie this morning was that they're intending to convert -- the two rooms that were in violation, just to revert them back to their original state due to the extensive amount of work that they're being requested to submit. CHAIRMAN KAUFMAN: back to what it was before? MS. BAEZ: Uh-huh. CHAIRMAN KAUFMAN: Okay. So you're going to return it And I know that every time you get involved with the fire, that takes -- MS. BAEZ: Yeah. CHAIRMAN KAUFMAN: -- more time than making a baby. Okay. Anybody want to make a motion? MS. ELROD: I'll make a motion. MR. RUBENSTEIN: Question. CHAIRMAN KAUFMAN: Yes, Lee. MR. RUBENSTEIN: Are you working with the general contractor? MS. BAEZ: Yes. He's the general contractor. MR. RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: You're going to have it done in 60 days? Page 36 May 26, 2022 MR. GONZALEZ: I hope. CHAIRMAN KAUFMAN: There's no hope here. You've got to do it. MS. ELROD: They were requesting 90. CHAIRMAN KAUFMAN: Ninety, I mean. MR. GONZALEZ: To bring it back to the original condition, the Fire is still asking for the same thing, many things. But the architect work on that right now. CHAIRMAN KAUFMAN: Okay. MR. GONZALEZ: He said maybe he get done maybe one or two weeks. CHAIRMAN KAUFMAN: Okay. Does this have anything to do with the size of the windows, that you can use them to get out during a fire? MS. BAEZ: No. MR. GONZALEZ: No, it's not about that. CHAIRMAN KAUFMAN: Okay. Good. Anybody want to make a motion? MS. ELROD: I'll make a motion to grant 90 days. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN McDANIEL: Hearing none, all those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Page 37 May 26, 2022 MR. LETOURNEAU: Once again, sir, the county would like to withdraw their imposition at this point. MR. WHITE: From Agenda 8. MS. ELROD: Make a motion to modify the agenda. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Helen is diligently writing. MS. BUCHILLON: Next case, No. 3, CESD20210011051, Polly Ave, LLC. They're also scheduled for imposition. 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. MUCHA: I do. MS. MEDINA: I do. CHAIRMAN KAUFMAN: Okay. Joe, you want to give us a quickie on this? MR. MUCHA: Yes. So basically there was four permits that had been expired, and they've reactivated those permits. And there was some issues with cleanup at the site; they've taken care of those issues. And I feel like since Julie has come on board with this, things are moving in the right direction. CHAIRMAN KAUFMAN: Okay. And you are requesting a continuance of how much time? May 26, 2022 THE COURT REPORTER: Your name? MS. MEDINA: Oh, hi. I'm Julie Medina on behalf of Clear Development. We're the general contractor on file. And Polly Ave, LLC, the owners, have flown in from Argentina to be part of this hearing. We actually believe that we've complied with everything and do not need to extend the time. We've -- the permits are active again. We've cleaned up the site, and so we're requesting that the violation be removed and the fee be abated. CHAIRMAN KAUFMAN: Okay. Two different items. MS. MEDINA: Yep. Yes, yes. CHAIRMAN KAUFMAN: So the first thing is, are you withdrawing your request for a continuation? MS. MEDINA: Yes. Well, have we complied, Joe? I'm sorry. MR. MUCHA: No, because the order is that you have to get the inspections and close out the permits. I think I explained that to you before -- MS. MEDINA: Okay. MR. MUCHA: -- that that was part of the -- MS. MEDINA: Okay. It's a 24-month project, so... MR. MUCHA: This is a new development off of Santa Barbara going -- MR. LETOURNEAU: So I have the order up right here, Mr. Chairman. CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: It does say that they have to get the permits, get the inspections, and certificates of completion or occupancy before this is settled. MS. MEDINA: Okay. So -- CHAIRMAN KAUFMAN: So you are requesting a Page 39 May 26, 2022 continuance. We're back to that. MS. MEDINA: Okay. CHAIRMAN KAUFMAN: Of how much time? MS. MEDINA: Right now our schedule shows -- and we could give you a copy of the schedule -- shows that it will be certificate of completion on April I st, 2024. That's why I'm a little confused, because I thought that the violation was because the permits were expired. MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. When we come across a code violation, a permitting violation, when you have expired permits or the work has stopped and you're not in compliance anymore, when we bring it before the Board, we ask for the permits to be reissued, the inspections done, and the certificate of completion to be done on all our permitting cases. Just because, historically, if we just asked for the permits to be reissued, once again, you guys could just let it expire, a new property owner could buy the property and be stuck with this stuff. So we make sure that the property owner follows through with what they need to do. MS. MEDINA: Okay. And there is a little bit of history, which we've discussed with Joe and with Adam previously. Because of COVID and the prior GC that was in charge of the project, let the permits expire, and that's why ownership came in from Argentina to kind of explain that we're in charge. Claro (phonetic) has a good record with Collier County. MR. LETOURNEAU: And what I'd like to say is this is not your normal shed or something like that. This is a big project. MS. MEDINA: Forty-eight units. MR. LETOURNEAU: So, obviously, it's going to take a long time to build. And the county wouldn't be objecting to maybe a May 26, 2022 pretty decent first extension and maybe the report, they come back at some point and give you the progress reports or -- CHAIRMAN KAUFMAN: This is all -- how many buildings are we talking about? MS. MEDINA: It's 48 units. CHAIRMAN KAUFMAN: Forty-eight units. MS. MEDINA: Townhomes. CHAIRMAN KAUFMAN: one at a time or all at once? Are you going to have them CO'ed MS. MEDINA: No, all at once. CHAIRMAN KAUFMAN: That's the problem. MR. LETOURNEAU: Well, I mean, we could -- I mean, the continuance could go on, and maybe they come back in six months and give you a progress report where they're at. You know, I mean, we've done that before. MR. MUCHA: I mean, we came for four permits, so we didn't come for 48 permits. MS. MEDINA: Correct, four permits. MR. MUCHA: So however you want to do it. I mean -- CHAIRMAN KAUFMAN: I think six months is a reasonable time to come back to make sure we're making progress on getting everything done. MS. MEDINA: Okay. We're in agreement to that. We're happy to do that. MR. WHITE: Point of order, Mr. Chairman. CHAIRMAN KAUFMAN: Yes. MR. WHITE: This is an LLC. And, ma'am -- I didn't get your last name, Julie. MS. MEDINA: Medina. MR. WHITE: Medina. Ms. Medina had indicated that the owners are present, and my, you know, quick research shows that the Page 41 May 26, 2022 manager of the LLC -- MS. MEDINA: Victor Bazzano. MR. WHITE: Is he present? MS. MEDINA: Yes. MR. WHITE: Would he be able to come forward and at least put on the record that you're authorized as their agent? MS. MEDINA: Oh, sure. And he's mentioned it before to Joe, but -- MR. WHITE: I understand, but we're talking about record. (A conversation was had in Spanish.) CHAIRMAN KAUFMAN: What she said. MR. WHITE: Will he require a translator? MS. MEDINA: I can't translate? No. MR. WHITE: The answer is yes. CHAIRMAN KAUFMAN: Only if you know both languages. MR. WHITE: If you can translate, that's fine. Please -- he has to be sworn. No, no, no. Come to the podium, please. 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. MEDINA: I swear. 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. BAZZANO: Yes. (A conversation was had in Spanish.) CHAIRMAN KAUFMAN: So you asked him if -- MS. MEDINA: If I'm authorized to speak on behalf of Polly Ave, LLC. CHAIRMAN KAUFMAN: And he said "si." Okay, just for the record. Page 42 May 26, 2022 MR. WHITE: Thank you very much. MS. MEDINA: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. So six months we're going to see what kind of progress is going to be made, and at that time if you want to request, based on all the things that have been done, an additional amount of time, we certainly would hear that. MS. MEDINA: Joe, yes? MR. MUCHA: That's fair, yes. CHAIRMAN KAUFMAN: Okay. We're done. Hold on. MR. LETOURNEAU: I think Mr. White was just telling me that the reason we got him on the record is that he doesn't have to fly all the way back from Argentina next time. We already know she's a representative of this company. MS. MEDINA: Thank you. CHAIRMAN KAUFMAN: Okay. He's happy about that. MR. WHITE: Unless you want to enjoy the Florida weather. MR. BAZZANO: Beach. MS. MEDINA: Okay, great. So we'll stay for hearing No. 12, for Item No. 12? No? MR. LETOURNEAU: At this point the county would like to -- well, did you guys vote on the continuance yet? CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: You did? CHAIRMAN KAUFMAN: I thought you made the motion. MS. ELROD: I made the motion to continue for six months. MR. RUBENSTEIN: I second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. Page 43 May 26, 2022 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: At this point, the county would like to withdraw their imposition of fine request. CHAIRMAN KAUFMAN: Okay. And then we modify the agenda. MS. ELROD: I make a motion to amend the agenda -- MR. RUBENSTEIN: Second. MS. ELROD: -- again. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. MEDINA: Thank you. CHAIRMAN KAUFMAN: Adios. I just used my whole Spanish repertoire. MS. BUCHILLON: Okay. And the last motion for extension of time, No. 4, CESD20210001565, Maria Velazquez, and she is also scheduled for imposition of fines. MR. LETOURNEAU: Okay. Mr. Chairman, I believe that the respondent didn't bring an interpreter, so we ask the Board if it's okay for Supervisor Perez to be the interpreter for her. CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: Thank you. THE COURT REPORTER: Do you swear or affirm that you May 26, 2022 will translate everything from English to Spanish and Spanish to English to the best of your ability? MS. PEREZ: 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: I do. MS. VELAZQUEZ: (Through interpreter) Yes. CHAIRMAN KAUFMAN: Okay. Here we are. You want to give us a little -- MS. ELROD: History lesson. CHAIRMAN KAUFMAN: Yeah, a little backdrop on what we're doing today. MR. MARINOS: Absolutely. For the record, Investigator Jordan Marinos, Collier County Code Enforcement, in reference to Case CESD20210001565. Ms. Maria Velazquez's case originated from a 2006 permit that Ms. Velazquez was led to believe was completed. She found out later on that was not the case. There were a few permits involved: a CO for a pool and spa permit as well as a demolition permit for an overhang that was built without a permit. She got those two taken care of. The third one is still open due to some problems that have come up. Essentially, there were some modifications made after the permit was done, so that permit can no longer be used. She's having to start from scratch. CHAIRMAN KAUFMAN: And that's for what? MR. MARINOS: The original 2006 permit modifications to the home. CHAIRMAN KAUFMAN: To the home? MR. MARINOS: Yes. CHAIRMAN KAUFMAN: That's to the overhang, whatever? Page 45 May 26, 2022 MR. MARINOS: No, the overhang was taken care of as well as the pool/spa permit. CHAIRMAN KAUFMAN: Gotcha, okay. Okay. And the respondent is being -- is asking for how much time? MS. PEREZ: She says that she's asking for six months. CHAIRMAN KAUFMAN: Okay. Are you familiar with what needs to be done? I know you can't talk for the Building Department, but is that a -- MR. MARINOS: That is a fairly reasonable time. There is a lot of work left to be done kind of from start to finish, really. She's made as much progress as you can, but engineering drawings have been an issue along with new FEMA regulations that we are just kind of navigating through as well. CHAIRMAN KAUFMAN: Okay. Because ordinarily we grant a continuance, the fines are going to continue to accrue. So it's in her best interest to get everything done as quickly as possible. Okay. Does she want to testify through you? MS. VELAZQUEZ: No. CHAIRMAN KAUFMAN: Okay. MS. ELROD: I'll make a motion to grant the six months. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion to grant the six months, and seconded. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Once again, we'd like to withdraw the May 26, 2022 imposition of fines, please. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Make a motion to modify the agenda. CHAIRMAN KAUFMAN: And, once again, we modified the agenda. I can't read that far away. MR. WHITE: You need a second and a vote. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Terri, you okay for eight more minutes? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: Okay. And the international symbol for break is (indicating). Okay. Which brings us to -- MS. BUCHILLON: Which brings us to -- CHAIRMAN KAUFMAN: -- Case 2, I guess. MS. BUCHILLON: -- D, hearings, No. 2, CESD20220001044, Black River Rock, LLC. MR. RODRIGUEZ: Good morning. CHAIRMAN KAUFMAN: Good morning. Could you put your name on the microphone for us. MR. RODRIGUEZ: I'm Joel Rodriguez. CHAIRMAN KAUFMAN: Okay. And I remember -- MR. GONZALEZ: Ariel Gonzalez. CHAIRMAN KAUFMAN: And he's the contractor? MR. RODRIGUEZ: Yes. THE COURT REPORTER: Do you swear or affirm the Page 47 May 26, 2022 testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PEREZ: Yes, I do. MR. RODRIGUEZ: Yes. MR. GONZALEZ: I do. CHAIRMAN KAUFMAN: Okay. You want to read the -- MS. PEREZ: Yes, sir. Good morning. For the record, Cristina Perez, Collier County Code Enforcement. This is in reference to Case No. CESD20220001044 dealing with violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e)(i) in reference to an unpermitted wall with door installation in the rear of the unit located at 12285 Collier Boulevard, Naples, Florida, 34116. Folio No. 35778480008. Personal service was given on February 28, 2022. This case was opened as a referral from the Collier County Contractors Licensing Division at the end of January 2022. Contact was first made with the tenant, Mr. Joel, but no contact has been possible or received from the ownership, Black River Rock, LLC. The notice of violation was issued on February 17th, 2022. Mr. Joel has stated that he is working with his contractor to obtain the permit for the uncompleted work, but to this date there's been no application that's been submitted. On May 23rd, 2022, the investigator, Bradley Holmes, spoke to Mr. Joel and his contractor, Mr. Gonzalez, and they advised that they were about 15 days away from submitting a permit application packet, but as of today the violation remains. CHAIRMAN KAUFMAN: Okay. I'm surprised that this didn't turn into a stipulation, but... MS. PEREZ: Unfortunately, because there hasn't been contact with the LLC or their representative to grant authorization to the May 26, 2022 contractor or to the tenant, that's why we did not proceed forward to sign a stipulated agreement. CHAIRMAN KAUFMAN: Okay. Is this commercial or residential? MS. PEREZ: This is a commercial property. So I'd like to present the case evidence in the following exhibits: It is one photograph that was taken by Contractors Licensing Officer Orlando Ramos, and then there's also the building determination from Contractors Licensing and the Building Department. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the exhibits? MR. RUBENSTEIN: Motion to accept. MR. AYASUN: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Just for the record, have they seen these pictures, Cristina, this picture? MS. PEREZ: I don't -- MR. RODRIGUEZ: No. MR. LETOURNEAU: Sir, I got it right here. Sir, can you come over? CHAIRMAN KAUFMAN: I told you it's "beneca." MR. LETOURNEAU: This is the picture. So do you have any objection? MR. RODRIGUEZ: Those pictures were illegally taken. May 26, 2022 MS. PEREZ: It was taken from the alleyway. It's a photograph from the rear, a bay door from -- MR. RODRIGUEZ: Illegally taken. MS. PEREZ: From the alleyway with an open door. MR. RODRIGUEZ: No one had sent him to my property to take those pictures. No one put a complaint against me. It was to the other guy. It was to the other unit, Unit No. 2. CHAIRMAN KAUFMAN: Are you objecting to those pictures being -- MR. RODRIGUEZ: It's not that I'm objecting, but I'm just saying what I know. CHAIRMAN KAUFMAN: That's the question, though. That's -- generally the objection is you say, that's a picture but not of my unit or whatever, but -- MR. RODRIGUEZ: It is my unit -- CHAIRMAN KAUFMAN: Okay. MR. RODRIGUEZ: -- but it is an illegal picture taken because he was not sent there by his superior to investigate my unit. He went to a different unit. So he started taking picture of my unit without no one telling him to do that. MS. PEREZ: I'm assuming when he says "he," he's referring to Contractors Licensing -- CHAIRMAN KAUFMAN: Contractors Licensing. MS. PEREZ: -- because the case was referred to Code from us [sic]. CHAIRMAN KAUFMAN: Okay. MR. RODRIGUEZ: Exactly. MR. LETOURNEAU: At this point I would have question of whether or not you have authorization to be here on the owners' -- to represent the owner of the property. MR. RODRIGUEZ: I'm not being here on the owner's Page 50 May 26, 2022 representation. No one ever write to me or say to me that the owner needed to give me anything. If you did, I need to see that document because other than that I would have reached out to them and say you need to give me an authorization. But at no point that was sent to me on a written paper that say you need this and this. All they asked me was to get a general contractor and bring this to code, which is what I'm doing, because I'm renting over there. CHAIRMAN KAUFMAN: Who was notified as to a violation? Was it the LLC? MS. PEREZ: The LLC is the owner of record. CHAIRMAN KAUFMAN: Okay. So the LLC -- MR. RODRIGUEZ: But his violation is to me. CHAIRMAN KAUFMAN: Hold on, hold on. The LLC was notified. They should be here, or they could authorize you or somebody else to be here. MR. RODRIGUEZ: Where is the notification? CHAIRMAN KAUFMAN: It went to the LLC. MR. RODRIGUEZ: Where is it at? Don't she have a copy? CHAIRMAN KAUFMAN: Helen, do you have a copy of the notification? MS. BUCHILLON: I'd like to clarify the complaint from our Contractors Licensing. The case did come in as a complaint according to the record of the Contractors Licensing case. Mr. Joel, is your unit Unit No. 6? MR. RODRIGUEZ: Yes. MS. PEREZ: Yeah. The code case came in as interior remodeling without a permit. Address is 12285 Collier Boulevard, Unit No. 6. So Contractors Licensing reacted to their case and, in return, referred it over to us as no contractor involvement. MR. RODRIGUEZ: Contractor Licensing went there for a different unit, and the guy from that unit told him that I have done the Page 51 May 26, 2022 same thing. CHAIRMAN KAUFMAN: Contractors Licensing can drive by my house and find me in violation. They don't have to have a specific place to go. If they see a violation, they write it up. MR. RODRIGUEZ: I respect that. CHAIRMAN KAUFMAN: Cristine -- oh, you have that? MS. BUCHILLON: The NOV, yes. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: There's a copy of the NOV in here. CHAIRMAN KAUFMAN: Okay. Could you give that to the respondent, or a copy of it? MR. WHITE: And point of order, for the record, Mr. Chairman and board members. CHAIRMAN KAUFMAN: Yeah. MR. WHITE: He's testified he's a tenant, and under the definition, that makes him a violator. The distinction is that any fines that might be imposed are imposed against the owning -- CHAIRMAN KAUFMAN: LLC. MR. WHITE: -- LLC. CHAIRMAN KAUFMAN: I understand. MR. WHITE: I'm just putting it on the record so it's clear. CHAIRMAN KAUFMAN: No, but the respondent said that he hasn't seen anything, so we're just going to show him that the LLC was notified of the violation. MR. WHITE: My point is he is not the respondent. He is, however, categorized as the violator. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: And I would also like to point out that the county would have a problem with him objecting to see this Page 52 May 26, 2022 picture since he doesn't have the full authorization of the LLC. CHAIRMAN KAUFMAN: Yep. But just to be Johnny nice guy, we will give him a copy. MR. LETOURNEAU: Right. I'm readv to put it uD at this point. CHAIRMAN KAUFMAN: Okay. MR. RODRIGUEZ: The only thing I came was, I'm trying to help out. I don't want to leave anybody in limbo. It was hard for me to get -- I was referred to different engineers to help me out, and like some other people say, it was hard to get that. I know him for a while, and I ask him to help me. The first guy wanted $9,000. I thought it was a lot of money for an engineer to ask me for those drawings. CHAIRMAN KAUFMAN: Okay. Now, Patrick -- MR. WHITE: Yes, sir. CHAIRMAN KAUFMAN: -- if he's not authorized to make decisions based on LLC giving permission, is he still authorized to speak? MR. WHITE: Absolutely. You can hear his testimony -- CHAIRMAN KAUFMAN: Okay. MR. WHITE: -- the same as you heard that of unrelated individuals from Copper Cove. CHAIRMAN KAUFMAN: Okay. I just wanted that on the record. Okay. MR. RODRIGUEZ: I just want to help out. It's not a big deal. It's just a wall with a door that I think it could be solved easily. If you just allow him what he needs to do now that he got the engineer, we'll get it taken care of. CHAIRMAN KAUFMAN: Okay. What we're going to do first is the county has presented their case. Do you have anything else to present? Were you -- Page 53 May 26, 2022 MR. LETOURNEAU: We just want to get our picture up, and the determination. That's where we're at right now. CHAIRMAN KAUFMAN: Right. MR. LETOURNEAU: And you guys did vote on -- yes. CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: Here we go. CHAIRMAN KAUFMAN: I see the door. MR. RODRIGUEZ: So this is a photograph taken from Salt Alley, the bay door, and then, obviously, the wall -- the bay door being up and the wall that -- CHAIRMAN KAUFMAN: That holds the door, okay. And you're done? MS. PEREZ: Correct. MR. LETOURNEAU: No. Just the determination, correct? That -- you did want that put in. So we're just going to go right here real quick. And that the Building Department did say okay to Code. And no licensed contractor involved. Additional research may be required. Based upon information provided, a permit would be needed for that particular door and wall. MS. PEREZ: There is a building official signature on the bottom of the document. CHAIRMAN KAUFMAN: has to be done by a contractor? MS. PEREZ: Correct. CHAIRMAN KAUFMAN: your testimony. MR. RODRIGUEZ: Yeah. Since it's commercial property, it Okay. Gotcha. We've heard CHAIRMAN KAUFMAN: Now it's our job on the Board to find out whether a violation exists, which we will vote on, and then we go from there, so... MS. ELROD: I'll make a motion a violation exists. Page 54 May 26, 2022 CHAIRMAN KAUFMAN: We have a motion a violation exists. MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Now, do you have a suggestion for us? MS. PEREZ: Yes, sir, the county has a recommendation. The county recommends that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: Number one, obtaining all required Collier County building permits or demolition permit, inspection, and certificate of completion or occupancy for the additional wall and door within blank amount of days of this hearing or a fine amount of blank per day will be imposed until the violation's abated; Number 2, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct the final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation by using any method to bring method the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. Page 55 May 26, 2022 CHAIRMAN KAUFMAN: blanks? Okay. Anybody want to fill out MS. ELROD: Question. CHAIRMAN KAUFMAN: Sure. MS. ELROD: Is he authorized to even make this agreement? MS. PEREZ: Well, it's the county's recommendation. I did explain to the tenant and the contractor that whatever testimony or time frame they would provide would be as just an opinion or, you know, hearsay. CHAIRMAN KAUFMAN: It doesn't matter whether he agrees or not. We're imposing this. MS. ELROD: Okay. CHAIRMAN KAUFMAN: Okay. So anybody want to fill out the blanks? Go ahead. MR. RUBENSTEIN: I will but with a question. Black River Rock, LLC, are they a Florida LLC? MS. PEREZ: They're actually out of Missouri. One of the managers does have a -- I was able to trace that there is connections to other properties in Naples, and then there's also another manager that has an address in North Carolina. So I have found two phone numbers, and I've contacted two of them to see if I get a call back to advise them of the hearings. MR. RUBENSTEIN: Were they aware of today's hearing? MS. PEREZ: That I'm aware of, we sent the notice to address of record in St. Charles, Missouri, but we did not receive a response back, and I haven't received a phone call regarding the two messages I left. CHAIRMAN KAUFMAN: Okay. MR. WHITE: There are also -- the answer to your question is yes, they are a Florida LLC, and the managers both have Plant City mailing addresses, and same for the registered agent. Page 56 May 26, 2022 CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: I'll take a shot at the blanks. CHAIRMAN KAUFMAN: Go ahead. I'll start you out: 59.28 paid within 30 days. MR. RUBENSTEIN: Right. Ninety days of this hearing, and a fine of 150 per day. CHAIRMAN KAUFMAN: Thereafter. MR. RUBENSTEIN: So... MR. RODRIGUEZ: Can I mention something, please? CHAIRMAN KAUFMAN: One second. We have to vote on this first. Okay. We have a motion. All those in favor? Is it seconded? MR. AYASUN: Second. CHAIRMAN KAUFMAN: Seconded. All those in favor? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Okay. One opposed. Okay. Now -- MR. RODRIGUEZ: I was going to say, due to the X amount of work that he's up -- the contractors and everybody is why we haven't been able to, you know, literally complying with everything on time, because it hasn't been easy. Everybody's extremely busy. No one has been wanting to really get involved with this. CHAIRMAN KAUFMAN: That's why we've given you 90 days to come into compliance. MR. RODRIGUEZ: Okay. CHAIRMAN KAUFMAN: Pull the permit. The work has already been done. You have to do the inspections. And if you do Page 57 May 26, 2022 it within the 90 days, there's no fine. MR. RODRIGUEZ: No, no problem. I'll pay it. CHAIRMAN KAUFMAN: The only thing is $59.28 needs to be paid within 30 days. MR. RODRIGUEZ: Fifty-nine. CHAIRMAN KAUFMAN: 59.28. MR. AYASUN: $59.28. MR. RODRIGUEZ: Times 30. CHAIRMAN KAUFMAN: No, no, no. MR. RODRIGUEZ: No problem. MR. RUBENSTEIN: Won't the LLC be notified? CHAIRMAN KAUFMAN: Yes, yes. I'm just explaining it, yes. And this will all be sent to the LLC. Notice -- same notice of -- NOV, notice of violation. Okay. That's it. MR. RODRIGUEZ: Thank you. MR. GONZALEZ: Thank you. CHAIRMAN KAUFMAN: Okay. We're going to take a break for the court reporter. I was trying to come up -- at least 10 minutes. Okay. (A brief recess was had from 10:36 a.m. to 10:54 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. And the next case I'll let you announce. MS. BUCHILLON: Next case would be under old business, B, motion for rehearing, CESD20210002916, Carlisle Wilson Plaza, LLC. 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. SPECTOR: I do. MR. AMBACH: I do. May 26, 2022 CHAIRMAN KAUFMAN: This is Carlisle. I started reading through it. We can do this the easy way, or we can do it the hard way. Okay. Could you state your name on the microphone for us. MS. SPECTOR: I absolutely can. My name is Sarah Spector. I'm an attorney with Roetzel & Andress. I'm here on behalf of Nasman (phonetic) Enterprise, which is the tenant of the building. CHAIRMAN KAUFMAN: Okay. MS. SPECTOR: And we are here on a request for rehearing. I have -- since I've been here -- been speaking with Mr. White, with Mr. Ossorio, and the gentleman right here to my left. CHAIRMAN KAUFMAN: Uncle Jeff. Jeff. MS. SPECTOR: Yes, Jeff Letourneau, sorry. I blanked for a second, because this all happened in the past 10 minutes. So we are here on a rehearing request. We understand that the county believes that that is improper because we are not the violator. The issue that we have had with this is that the landlord -- and I understand with the testimony given at the last hearing, the landlord has not been very responsive to the county, and he's not been responsive at all to us. All of the changes that were made to the building were made before we came into the occupancy of the premises. All the issues that are noted were already there. We've been in litigation with the landlord, and that caused some going back and forth, and we just -- we wanted to insert ourselves to make sure that you knew that we are working on this. We did receive a permit, and all of the work has been done. We are just waiting for the sub work to be brought up. There's a sub that is not in the system, so we're not able to request inspections at this moment. But what we'd like to request and what I had talked with Mr. White about, separate from the rehearing request, we would be Page 59 May 26, 2022 happy if we could just amend the order to remove the running fine and the order to stop work, because we have removed all of the health -and -safety issues and, like I said, we've done everything per the permit, and it just needs to be closed out. So we hope that we will be able to do that before June 22nd so that, if the order is amended, we wouldn't have to come back next month because there would be nothing to impose. CHAIRMAN KAUFMAN: Okay. MR. WHITE: If I may, Mr. Chairman, my recommendation to Ms. Spector was based on a variety of, you know, legal issues, if you will, and is more a question of, you know, procedural efficiency, administrative efficiency on behalf of the Board's part. And my belief is that if you were to construe the motion for rehearing instead on the part of tenant, who is the actual violator, as a motion to amend the order and to amend it to a time frame that would be appropriate, I think that would simplify things and should allow for the case to come into compliance as quickly as possible without any litigation. CHAIRMAN KAUFMAN: Okay. The fine currently is accruing at what rate? MR. WHITE: It, I believe, is -- MS. SPECTOR: Six hundred dollars a day starting with the day after the last hearing. CHAIRMAN KAUFMAN: Say it again. MS. SPECTOR: Six hundred dollars a day. CHAIRMAN KAUFMAN: Oh, I remember this case. MR. WHITE: And the point, I think, there was -- CHAIRMAN KAUFMAN: To get somebody's attention. MR. WHITE: The Board's intention to have them expedite and achieve the results as quickly as possible, and I believe that what you have before you, if you are to consider it as a motion to amend the prior order, you can choose what fine amount may be differently. May 26, 2022 You can choose a different compliance date. In fact, you can even choose different compliance terms consistent with the work that's been done is being promised to be done by the tenant, and the time frame within which they would get it done. CHAIRMAN KAUFMAN: Okay. So, for instance, if we -- and I'll run this by you. If this can be extended to, say, two months, 60 days. MR. WHITE: If you amended the order from what it said previously to come into compliance within 60 days, and let's say you have the amount of fine at $300 a day, so long as they came into compliance with all of the things that they were asked to do, which at this point one of the things that I think drove the request for rehearing was the prior order stating that they had to cease operations and et cetera, had conditions imposed where they had to turn off utilities. We've done that in residential context, but here my understanding is that in order to actually do the work, they need some of the utilities on and that they have otherwise done all of the other things that the prior -- the currently existing order's required. So in administrative efficiency and to avoid litigation -- because I don't believe a rehearing is the proper option. Instead, they'd be compelled to try and file an appeal to the Circuit Court. We can avoid all of that, I believe, if the county's agreeable and the Board is agreeable to an order that would be amended to a time period reasonable, a fine reasonable, and the actions remaining to be done being the ones that need to be done. CHAIRMAN KAUFMAN: Let's say that we amend the order and do 60 days. MR. WHITE: Yes, sir. CHAIRMAN KAUFMAN: At the end of 60 days, we would consider abating any fine that had accrued. MR. WHITE: If they actually were given 60 days at this point, Page 61 May 26, 2022 okay. CHAIRMAN KAUFMAN: There would be no fine. MR. WHITE: There would be no fine if they came into compliance beforehand. You'd never see the case again. CHAIRMAN KAUFMAN: Okay. MS. SPECTOR: Only if you remove the first fine, which is the one that is running for operating; that would need to be removed. MR. WHITE: The point of amending the order is that that would not exist and, therefore, it would never have, in a sense, been accruing. CHAIRMAN KAUFMAN: So let me try this on. So if somebody made a motion to amend the date to -- let's see. We're in June -- our August meeting, that should give the respondent sufficient time to come into compliance. The existing fines would disappear. MR. WHITE: Well, no, because if you actually had the prior order to review on the screen, you'd see that one of the prior order requirements was to cease and desist within a time period that was actually probably less than the time it took to have the order rendered, and from your lawyer's -- CHAIRMAN KAUFMAN: Well, now that you've confused us -- MR. WHITE: Well, from your lawyer's point of view, we don't have -- I'm not going to say this on the record because it could come back to bite the Board in the future. CHAIRMAN KAUFMAN: Let me try Jeff on this one. MR. WHITE: Sure. MR. LETOURNEAU: I'm as confused as you are at this point, so let's go at it here. MR. WHITE: Can you put the prior order up? MS. SPECTOR: I have it. MR. LETOURNEAU: I don't have it in my -- Page 62 May 26, 2022 MR. AMBACH: I could read it. MR. LETOURNEAU: Helen, do you have it right there? MR. WHITE: It's in the packet. MS. BUCHILLON: Yeah. CHAIRMAN KAUFMAN: Okay. MR. WHITE: And by putting it on the visualizer, I think we can all have a -- CHAIRMAN KAUFMAN: Follow through -- MR. LETOURNEAU: Yeah. Helen, the only thing I have is the request for a hearing in the iDrive here. MS. BUCHILLON: It's not on the -- MR. AMBACH: I can read it if you'd like me to. MR. LETOURNEAU: Hold on. Is it in more than one spot? MR. WHITE: Could we just put it on the visualizer? MR. LETOURNEAU: Okay. Hold on. All right. CHAIRMAN KAUFMAN: Your question. MR. RUBENSTEIN: Yes. MR. LETOURNEAU: For some reason there was -- for some reason there was two folders here, all right. I do have it. Hold on. Let me put it up here. MR. RUBENSTEIN: While Jeff s looking for that, I have a question. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: Point of information. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: These violations were written against the LLC, not the tenant, correct? CHAIRMAN KAUFMAN: Yeah. MR. WHITE: But, in fact, the location, the precise location on the property and the nature of the violations themselves pertain to -- MR. RUBENSTEIN: To the tenant. Page 63 May 26, 2022 MR. WHITE: -- the unit that the tenant occupies and leases, and in that sense they are the, quote, violator. MR. RUBENSTEIN: So who requested the motion for -- on this? Who brought them here today? MS. SPECTOR: The tenant. MR. RUBENSTEIN: You did. MR. WHITE: Yes, sir. MR. RUBENSTEIN: Where's the LLC involved? MS. SPECTOR: Right here. MR. WHITE: No, no. MS. SPECTOR: The tenant LLC is here. I represent the tenant. MR. RUBENSTEIN: No, no. MS. SPECTOR: He's not been responsive at all. He wasn't at the last hearing either. MR. RUBENSTEIN: No, Carlisle Wilson, LLC. MS. SPECTOR: He hasn't been responsive at all. MR. RUBENSTEIN: So isn't that who our argument is with? MS. SPECTOR: He won't respond, so I don't -- meanwhile, we're getting fined $600 a day. MR. RUBENSTEIN: You are or Carlisle? MS. SPECTOR: Well, Carlisle is but, per our lease, he could -- I don't know what -- if he would be successful -- MR. LETOURNEAU: Mr. Carlisle is here right now. MR. RUBENSTEIN: You're not getting fined; Carlisle is. MS. SPECTOR: But we're the tenant, and eventually -- MR. RUBENSTEIN: But does it say in your lease that you pay fines that they commit? I don't understand that. MR. WHITE: I'd encourage Ms. Spector to not answer that, because it may -- has it been testified to, Mr. Rubenstein? MR. RUBENSTEIN: All right. Well, my -- I mean, my May 26, 2022 question is, Jeff, is -- I mean, Carlisle Wilson Plaza, LLC, is supposed to be here, correct? MR. LETOURNEAU: He just walked in. Mr. Carlisle is sitting right there. MR. CARLISLE: I was never noticed on this. I'm here for something else. MR. RUBENSTEIN: All right. Well, that's who I think we need to hear from, and your argument is with him. MR. WHITE: Mr. Rubenstein? MR. RUBENSTEIN: Yes, sir. MR. WHITE: The Board has an item on its agenda for its consideration. If you, as part of that, want to hear from Mr. Carlisle, that would be entirely appropriate. But at this point I think you have someone at the podium who's making a request, and that's the pertinent matter to be discussed and decided. CHAIRMAN KAUFMAN: Let me see if I can help. Probably not, but I'll try. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Since you have shown up and you are here, and we still have a hallway out there, how about we send everybody out there and see if they can resolve the situation and come back with a good suggestion for the Board to consider. MS. SPECTOR: Yes. MR. LETOURNEAU: I don't know if that's feasible at this point. CHAIRMAN KAUFMAN: Ask the guy sitting next to you. Yes, sir. You have to be sworn before you talk, so raise your hand. Terri, you get an award for today. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing Page 65 May 26, 2022 but the truth? MR. CARLISLE: separate issue. Yes, ma'am. Unfortunately, I'm here on a MR. WHITE: Sir, sir, you have to state your name on the record. MR. CARLISLE: Greg Carlisle. CHAIRMAN KAUFMAN: Now, what were you saying? MR. CARLISLE: I'm here on a separate issue, and I heard my name -- heard Carlisle Wilson called. I've been circumvented on this whole issue. Mike called me on it and made me aware that I was incurring fines. And this tenant went in and did all of these improvements without my knowledge, without my consent, and it's just -- they're suing us for a separate incident, so we're in litigation with them. I can't even talk to this tenant without my attorney. CHAIRMAN KAUFMAN: Okay. MS. ELROD: I have a question. You said the improvements were done prior to your tenancy? MS. SPECTOR: Yes. MS. ELROD: Okay. MR. CARLISLE: That's not true. CHAIRMAN KAUFMAN: That's a different argument. MS. SPECTOR: Yes. So can I just explain what we're looking for here? CHAIRMAN KAUFMAN: Sure. MS. SPECTOR: Okay. So you'll see under B is the two fines that were imposed. One is running now; 2 will not start running until June 22nd. We would like 1 to be removed, because we've brought -- the property's no longer a health hazard because we've removed the issues that were identified that way, and then if you would extend the date for No. 2, we won't even have to come back before you because the only thing we need to do now is get May 26, 2022 inspections. The work's already been done. So it will be abated before your August meeting, and then there will be no fine to impose. CHAIRMAN KAUFMAN: Okay. So let me -- let me -- MR. WHITE: If I may just -- in an effort to only clarify. My point about Item B 1 in the order is that they were asked to do something in a time frame that actually would have been prior to the order being signed, and that's all I'm going to say about it. And I'm going to let you think about that for a minute -- CHAIRMAN KAUFMAN: Okay. MR. WHITE: -- and hope it supports why it is I'm suggesting we do -- thank you, sir. CHAIRMAN KAUFMAN: I understand. Now, let me try this out. I would like to make a motion to modify the order under Paragraph B 1 by eliminating that paragraph and extending the -- on Paragraph 2, the June 22nd time frame to August. MR. WHITE: My belief, it would be on or around August 23rd. CHAIRMAN KAUFMAN: Okay. August 23rd. Now, that's my motion. MS. ELROD: I will second the motion. MR. RUBENSTEIN: But the fine's still accruing. CHAIRMAN KAUFMAN: No, the fines don't accrue until after -- if they don't come into compliance after August 23rd. MR. WHITE: That is correct. CHAIRMAN KAUFMAN: Okay. I have a motion. MS. ELROD: I second. CHAIRMAN KAUFMAN: And I have a second. I would ask for discussion on the motion, but you'll just confuse me. MR. RUBENSTEIN: You know, I do have a question, I mean -- CHAIRMAN KAUFMAN: Sure, go ahead. Page 67 May 26, 2022 MR. RUBENSTEIN: -- and I hear you, Counselor. MR. WHITE: Thank you. MR. RUBENSTEIN: And I listened to you. MR. WHITE: Very good, sir. MR. RUBENSTEIN: And I do read what's given to us. MR. WHITE: I understand that. MR. RUBENSTEIN: And I'm thinking the county's fight is not with her client but with this gentleman. He is Carlisle Wilson Plaza, LLC, correct? MR. CARLISLE: Yes, sir. MR. WHITE: Yes, but -- MR. RUBENSTEIN: Okay. So if he is the person that the -- that this is -- fine is against -- MR. WHITE: Yes. MR. RUBENSTEIN: -- our argument is with him. MR. WHITE: I don't think you have an argument at all. What you have is a consideration on the part of the violator to approve a means by which they would come into compliance. MR. RUBENSTEIN: No, I understand. MR. WHITE: If you understand that, then I don't understand the point of your question. And I don't mean to be objectionable. MR. RUBENSTEIN: I know. But does she have the right to -- MR. WHITE: Yes. MR. RUBENSTEIN: -- make these requests? MR. WHITE: Yes. I would tell you that she didn't if she didn't. MR. RUBENSTEIN: Do we deal with tenants, or do we deal with owners? MS. SPECTOR: The definition of violators -- MR. WHITE: Sir, sir, sir. In the last -- May 26, 2022 If I may, Ms. Spector. In the very last case, that's exactly what we did. CHAIRMAN KAUFMAN: Okay. You have my motion. I have a second. MR. WHITE: I mean, the point of it, Mr. Rubenstein, is that the order will still apply to the LLC. MR. RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: That's what I didn't hear. Okay. MR. WHITE: Oh. CHAIRMAN KAUFMAN: Okay? MR. WHITE: I'm sorry. MR. RUBENSTEIN: That's all right. CHAIRMAN KAUFMAN: Okay. Call the question. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. SPECTOR: Thank you very much. MR. CARLISLE: Could I ask a question? CHAIRMAN KAUFMAN: Sure. MR. CARLISLE: This seems -- if -- if a -- MR. WHITE: Is this case closed, sir? CHAIRMAN KAUFMAN: Yes, it is. He's just asking a question. MR. CARLISLE: Question for the Board, just a general question. If I have property and a tenant comes into the property, May 26, 2022 improves the property or does improvements without asking, without pulling a permit, I understand I'm responsible, but then I didn't even know about this until Mike called me last month. CHAIRMAN KAUFMAN: That's your fight with your tenant. MR. CARLISLE: Yes, sir. I understand that. But I'm ultimately the one responsible for it, right? CHAIRMAN KAUFMAN: And that's what gives you leverage. You can then -- MR. CARLISLE: But my attorney doesn't know what to do. I mean, we're just -- we don't know what to do. CHAIRMAN KAUFMAN: Maybe this attorney in the back could represent you. MR. CARLISLE: No, I've got a good attorney. It's okay. It's frustrating. I don't mean to be a nuisance. CHAIRMAN KAUFMAN: That's no problem. I'm glad that you showed up. MR. CARLISLE: I was here for something else. I didn't even know it. CHAIRMAN KAUFMAN: Okay. If we could help you with something else, we'll be glad to. MR. CARLISLE: I hope so. CHAIRMAN KAUFMAN: Thanks, Chris. MR. AMBACH: You're welcome. Have a good day. MR. WHITE: Great job. MR. AMBACH: Thank you. Appreciate it. MR. AYASUN: For those of you who have never been to Siberia, this is what it feels like right now. This must be 70 degrees or less in here. CHAIRMAN KAUFMAN: That's the other -- there's another a committee that comes in after us that requires the room to be cooled off. Page 70 May 26, 2022 MR. RUBENSTEIN: Keeping the salads cold. CHAIRMAN KAUFMAN: Okay. Helen, what's up? MS. BUCHILLON: Okay. Next case, under old business, C, motion for imposition of fines, No. 2, CESD20190003400, Carlos and Veronica Arreaga. MR. AYASUN: What was the number? Helen, what was the number? MS. BUCHILLON: Number 2 under imposition of fines. 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. ARREAGA: Yes. MR. ARREAGA: Yes. MR. MUCHA: I do. CHAIRMAN KAUFMAN: I'm trying to find the paperwork on this. The last three digits of the case number? MS. ELROD: 400. MR. AYASUN: 3400; three four zero zero. MR. RUBENSTEIN: It starts on the bottom of the motion. CHAIRMAN KAUFMAN: I'll find it. We're not going anywhere. Okay. Joe, you want to read this into the record for us? MR. MUCHA: Yes, sir. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. Past orders: On March 25th, 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5933, Page 2479, for more information. On September 23rd, 2021, the Board granted a continuance for 120 days. See Documents and Images for more information. Page 71 May 26, 2022 On February 24th, 2022, the Board granted a continuance for three months. See documents and information -- see Documents and Images for more information. Violation has been abated as of May 9th, 2022. Fines and dates -- fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from September 22nd, 2021, to May 9th, 2022, for 230 days, for a total fine amount of $46,000. Previously assessed operational costs of $59.28 have been paid. Previously assessed operational costs of $59.63 have been paid. Operational costs for today's hearing is $59.77, for a total fine amount of $46,059.77. CHAIRMAN KAUFMAN: Okay. When I read through this, I see that when it was first adjudicated we granted time, 120 days, four months. Then you came back, and the Board granted three more months. So you were granted seven months, and it took you till May of 2022 to get this done. Is there a particular reason for this? MR. ARREAGA: So primarily, we explained last time, that we were working with a builder that just -- they were not giving us any information of what they were doing with the house, and they were supposed to demolish the whole thing. So we took it upon ourselves to go ahead and demolish it. Last time we showed up here, we all pitched in and we got it demolished. And I believe the -- what do you call it? They already came in and did inspection, and we passed it. So, I mean, that's really the reason why it was all delayed. And I think we did it within time -- within the last time you guys gave us, the final extension, correct? CHAIRMAN KAUFMAN: February 24th you were granted three months. February, March, April, May, yes, so you were in compliance on that. Page 72 May 26, 2022 Could I get your name? MR. ARREAGA: Yes, Carlos Arreaga. And your name? MS. ARREAGA: Veronica Arreaga. MS. ELROD: I'll make a motion to deny the county the imposition of fines. CHAIRMAN KAUFMAN: we have a second? Okay. We have a motion. Do MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. Okay. In the future. THE COURT REPORTER: He didn't vote. MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: In the future I think these cases are going to start fining -- for the people who are watching there on TV, my first inclination is to fine $1,000 on this just because of the length of time that it took to come into compliance, so consider yourself lucky. MR. ARREAGA: I understand. Thank you. MR. WHITE: And I understand your point, Mr. Chairman. One of the things that is a factor in your analysis of whether you deny or impose some or all of the fines the county is seeking is the economic hardship on the respondent. And the past practice of the Board has not typically asked nor have the respondents, as in this case, offered what the economic hardship would be if the fine amount was imposed. But if that is Page 73 May 26, 2022 going to be the practice going forward, I simply just want to kind of put everybody, as you have, on notice that we ought be asking that question. It isn't the county's responsibility to put it on their recommendation, their executive summary what the economic hardship would be; however, it is one of the factors you're asked to weigh. CHAIRMAN KAUFMAN: Yeah. My point in all this is, for -- and we hear a lot of these cases, and almost every time the fines are abated. It becomes a -- the weapon that you have to get people to come into compliance is, in essence, the fines. And if you don't have that, why would anybody apply for a permit or come into compliance or anything else? So that's my point. MR. WHITE: I'm not offering an opinion. CHAIRMAN KAUFMAN: I know. Okay. MR. WHITE: I'm simply -- CHAIRMAN KAUFMAN: And I am as well. Okay. MR. WHITE: I'm not offering an opinion. I'm simply saying, these are the things you're supposed to consider. CHAIRMAN KAUFMAN: Okay. MR. ARREAGA: Thank you. MR. RUBENSTEIN: Well, can I jump in and close this? CHAIRMAN KAUFMAN: Sure. MR. RUBENSTEIN: I hear what you're saying, but I also think there's a responsibility of the Board to fine where it sees it needs to. The county has expenses. MR. WHITE: And certainly what typically happens is -- MR. RUBENSTEIN: I'm not done. MR. WHITE: Oh, I'm sorry. I thought you were. MR. RUBENSTEIN: The county has expenses. We have code officers that are out there sweating getting this done, taking pictures, filing reports, and if they see it's a road to walking out, as Page 74 May 26, 2022 the Chairman said, with no fine whatsoever, I think the whole system is wrong. And so this isn't a board of come on in, and we're going to let you go. We're going to say come on in and let's listen and do what's appropriate. And as far as our concern for respondents, that's not our concern, in my opinion. MR. WHITE: Well -- MR. RUBENSTEIN: And I'll leave it at that. MR. WHITE: I'm not debating it with you. MR. RUBENSTEIN: Okay. Then that's the end of it. Okay. Let's move on. MR. WHITE: Okay, Lee. MR. RUBENSTEIN: No. MR. LETOURNEAU: Mr. Chairman, before we move on -- MR. RUBENSTEIN: We could debate it forever. MR. WHITE: It's not a debate, sir. CHAIRMAN KAUFMAN: Yes, Jeff. MR. LETOURNEAU: I've gotten some updated information regarding the Imposition of Fine No. I I from Carlisle, that he is, like, right at the finish line at this point. So the county would like to withdraw the imposition and bring it back next month. Hopefully he should be in compliance at that point. CHAIRMAN KAUFMAN: That's fine. MR. LETOURNEAU: So -- but I think you have to vote on that at this point. CHAIRMAN KAUFMAN: We'll vote to modify the agenda. Your favorite motion. MR. RUBENSTEIN: I make a motion to accept. MR. AYASUN: Second. CHAIRMAN KAUFMAN: MS. ELROD: Aye. MR. RUBENSTEIN: Aye. Okay. All those in favor? Page 75 May 26, 2022 CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Thank you. CHAIRMAN KAUFMAN: So Carlisle is coming back. MR. AYASUN: I know it's not for debate purposes, but for the record, I'm with Mr. -- MR. WHITE: Rubenstein. MR. AYASUN: -- Rubenstein and the Chairman. MR. WHITE: And I'm simply saying, these are the rules of the road, and you ought to at least ask -- CHAIRMAN KAUFMAN: Okay. MR. WHITE: -- if there's an economic hardship or not if they don't tell you that that they have one. That's all I'm saying. And as far as the point of the distinction between the fines and the costs, that's fine. What I was going to say, Mr. Rubenstein, was simply that you typically say you're going to waive the fines, and you never mention the costs, but the orders always waive both and abate both. So if you choose to impose and give the county its costs as part of it, it doesn't matter to me. You pay me the same regardless, so I don't have an opinion about it. CHAIRMAN KAUFMAN: Okay. Stop beating the dead horse. MR. WHITE: All right. MR. RUBENSTEIN: You do have an opinion; otherwise, you wouldn't say what you said. MR. WHITE: No. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: And, like, I have an opinion. Page 76 May 26, 2022 CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: We have people waiting here. Can we discuss it at some other point, please. CHAIRMAN KAUFMAN: Discuss it over a drink. Helen, what's the next case? MS. BUCHILLON: Next case under imposition of fines, Number 3, CEVR20210003024, Tuscany Pointe Community Association, Inc. 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. PEREZ: I do. MR. ONUFRAK: Yes. MS. NELSON: Yes. THE COURT REPORTER: Can you state your name. MR. ONUFRAK: John Onufrak, O-n-u-f-r-a-k. MS. NELSON: Carolyn Nelson. CHAIRMAN KAUFMAN: Okay. Can you state your name? I didn't hear it on the microphone. MR. ONUFRAK: Oh, it's John Onufrak. CHAIRMAN KAUFMAN: Okay. And you are with the Tuscany Pointe Community Association? MR. ONUFRAK: Yes. I'm on the board, and I'm a director, and I have Carolyn Nelson with me. She's secretary/treasurer on the board also. CHAIRMAN KAUFMAN: And you're from Boston. Okay. MR. ONUFRAK: No. CHAIRMAN KAUFMAN: You're not? It sounded like it. MR. ONUFRAK: Close, though, close. New York. MR. AYASUN: New York, Bronx. MR. ONUFRAK: Pardon me? Page 77 May 26, 2022 MR. AYASUN: Bronx, I said, but that was just a guess. CHAIRMAN KAUFMAN: I don't think the Bronx is in New York anymore. Okay. Do you want to read this into the record for us, please. MS. PEREZ: Yes, sir. Good morning. Cristina Perez, Collier County Code Enforcement. This is in reference to violation of Collier County Land Development Code 04-41, as amended, Sections 4.06.05.H.6 and Section 4.06.05.K.2. Location was a Folio No. 78536003066. Description: Dead shrubbery buffer required vegetation on the north perimeter of Tuscany Pointe Cove No. 2 Development. Past orders: On September 23rd, 2021, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violations. See the attached order of the Board in Documents and Images for more information. On January 27, 2022, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents and Images for more information. The violation has been abated as of April 14, 2022. Fines have accrued at the rate of $150 per day for the period from November 23rd, 2021, to April 14, 2022, a total of 143 days, for a total fine amount of $21,450. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.49. Total amount is $21,509.49. CHAIRMAN KAUFMAN: I realize things grow at certain times of the year. In January we gave you a continuance that, I guess, took you to November, if I'm correct; is that correct? MS. PEREZ: Well, the case came before you on September 23rd, 2021, and the Board granted them 30 days to I May 26, 2022 comply, gave them a compliance date of November 22, 2021, at which point Tuscany did submit for an insubstantial change to their Site Development Plan, which was a lengthier process than just replanting the vegetation. They went from one vegetation type to another, so they had to go through that change in order for the county to approve the change of Cocoplum to Clusia, I believe is what it was. So they submitted their application actually before they came to you on November 1 st, 2021. It went under review, and then there was a re -submittal at the end of September. It was finally approved on December IOth, 2021, but it was completed and issued to them on January 11 th, 2022, which was shortly before they came back to you to ask for more time to be able to implement everything that was required on their site -- on their insubstantial change. CHAIRMAN KAUFMAN: Okay. Anybody have any questions from the Board or motion? MR. RUBENSTEIN: Yeah, I have a question. The area in question that died, was it sprinklered? MR. ONUFRAK: No. It was Clusias that had to be planted, 240, and the -- MR. RUBENSTEIN: No, the old plant that died. MR. ONUFRAK: Oh, the old plant that died, that was actually a wax myrtle. MR. RUBENSTEIN: Do you have sprinklers in the area? MR. ONUFRAK: Oh, yes, there are. They put in a new -- with this here IC plan, a new drip line was required, and that was also put in. MR. RUBENSTEIN: And you have -- your sprinklers are working now? MR. ONUFRAK: Yes. At the time that Code Enforcement and Growth Management came out, we had the irrigation company Page 79 May 26, 2022 out at the same time to turn on all the sprinklers to show them all -- both, Code Enforcement and Growth Management, that the sprinklers were working, and they were. CHAIRMAN KAUFMAN: Clusia is a very good plant; hearty, great barrier. I know. I've planted a lot of them myself. MS. ELROD: I'd like to make a motion to deny the county the imposition of fines. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Enjoy your new plants. MR. ONUFRAK: Thank you. MS. PEREZ: Thank you. CHAIRMAN KAUFMAN: What else would you like? MS. NELSON: So I've got a question. At this point here, do I understand this correctly, that -- were the fines waived, or are the fines enforced? CHAIRMAN KAUFMAN: Waived. MS. ELROD: They're waiving. MS. NELSON: Waived. All right. I'm sorry. Thank you. MR. WHITE: You don't want to snatch defeat from the jaws of victory. of .1 May 26, 2022 MS. NELSON: No, no. I'm very nervous. MR. ONUFRAK: Thank you very much. MS. BUCHILLON: Next case, No. 4, CESD20190004216, Carlos and Dulce Valdes. 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. MUCHA: I do. MS. GIGUERE: I do, too. CHAIRMAN KAUFMAN: I'm reading the letter that's attached to the -- Okay. Joe, do you want to -- Could you state your name on the microphone for us. MS. GIGUERE: Absolutely. It's Vicki, V-i-c-k-i. Last name is Giguere, G-i-g-u-e-r-e. CHAIRMAN KAUFMAN: You do look familiar. MS. GIGUERE: I might. CHAIRMAN KAUFMAN: Okay. Okay, Joe. You know Vicki. MR. MUCHA: Yes, I do. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. Past orders: On August 29th, 2019, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5674, Page 3557, for more information. On August 28th, 2020, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents and Images for more information. Violation has been abated as of October 5th, 2020. May 26, 2022 Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from February 26th, 2020, to October 5th, 2020, for 223 days, for a total fine amount of $22,300. Previously assessed operational costs of $59.63 and $59.35 have been paid. Operational costs for today's hearing is $59.56, for a total fine amount of $22,359.56. CHAIRMAN KAUFMAN: What's confusing to me on this is the -- "it has been abated as of October 5th, 2020"? MR. MUCHA: Yes, sir. This was during the COVID times, and I think it kind of got lost in the shuffles. I know we had to cancel a few hearings, and it just -- MR. LETOURNEAU: I think it got lost in our computer program and recently just got discovered, and I put it on the imposition of fines. I apologize that it's so late, but that's where we're at at this point. CHAIRMAN KAUFMAN: Okay. Any comment from the respondent? MS. GIGUERE: Yes. I'm here on behalf of the owners, and they are requesting that the fines be waived. If you have any questions, I'd be happy to answer. CHAIRMAN KAUFMAN: Okay. And -- MR. RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: Yes. MR. RUBENSTEIN: I notice there's two open code cases on the bottom. MS. GIGUERE: Yes. MR. RUBENSTEIN: Do they have anything directly or indirectly to do with this case? MS. GIGUERE: With this case specifically regarding to the tiki huts, no; however, there are other, like you said, cases on the property that are currently being worked on. Pre-app meetings have May 26, 2022 already been held. Site improvement plans are being submitted. MR. RUBENSTEIN: Nothing to do with the chickee huts? MS. GIGUERE: Correct. MR. RUBENSTEIN: Okay. That's all. MS. ELROD: So I'll make a motion to deny the county the imposition of fines. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. I think, you know, going forward, Kathy -- we changed the way we deny fines. You're done, Vicki. MS. GIGUERE: Free to go? Thank you, Mr. Kaufman. CHAIRMAN KAUFMAN: We -- that language denying the county's imposition of fines -- Patrick's gone. We used to say we abated the fines. I think when you go through the other language, it confuses, as it did the prior case. I think it might be easier to go back to -- and we can discuss that at our rules meeting -- just abate the fine. Or do you find a problem with that? MR. LETOURNEAU: I would like to talk that over with Mr. White at some point, yes. CHAIRMAN KAUFMAN: It will be an hour discussion. Okay. MS. BUCHILLON: Next case, No. 6, CENA20210010285, May 26, 2022 Naples ALF, Inc. 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. HIGGINS: I do. Good morning. CHAIRMAN KAUFMAN: Good morning. MR. LETOURNEAU: Monique, before you get going here, I like to embarrass her. This is our newest member of our investigative team, Monique Higgins. MS. HIGGINS: Thank you. MR. RUBENSTEIN: Welcome. MS. HIGGINS: Thank you. CHAIRMAN KAUFMAN: Welcome. We won't annoy you too much. MR. LETOURNEAU: I'm sure she's nervous enough, and I just made her more nervous. MS. HIGGINS: For the record, Monique Higgins, Collier County Code Enforcement investigator. Past orders: On January 27, 2022, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6110, Page 3945, for more information. The violation has not been abated as of May 26th, 2022. Fines and costs to date are as follows: Fines have accrued at the rate of $200 per day for the period from March 29th, 2022, to March [sic] 26, 2022, 59 days, for a total fine amount of $11,800. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing, $59.35. Total amount, $111918.63. May 26, 2022 CHAIRMAN KAUFMAN: Okay. It's not in compliance, and they haven't paid the operational costs. Would anybody like to make a motion to impose? MR. RUBENSTEIN: I do. I'll make a motion to impose the fines as presented as -- on the current document. CHAIRMAN KAUFMAN: Okay. We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Monique, perfect. MS. HIGGINS: Thank you. CHAIRMAN KAUFMAN: Okay. Now, the next time you come before us, we're going to expect a very experienced person. MR. LETOURNEAU: Well, here you go. CHAIRMAN KAUFMAN: Okay. MR. AYASUN: She's already back. CHAIRMAN KAUFMAN: Let Helen tell us which case it is. MS. BUCHILLON: Next case, No. 7, CENA20210009772, Naples ALF, Inc. 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. HIGGINS: I do. For the record, Monique Higgins, Collier County Code I l • May 26, 2022 Enforcement Board investigator. Past orders: On January 27, 2022, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board for more information. The violation has been abated as of April 20th, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from March 14, 2022, to April 20th, 2022, 38 days, for a total fine amount of $7,600. Vendor Invoice 2683 on January 27, 2022, costs of $20,640 have not been paid. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing, $59.28. Total amount, $28,358.56. CHAIRMAN KAUFMAN: When you look at this and you see the violation has been abated, has been abated by the county, and the county has never been paid back for that abatement. So having said all that... MS. ELROD: I'll make a motion to impose the fines. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. RUBENSTEIN: I'll second. MR. AYASUN: Second. MR. WHITE: Point of clarification. Would that include the costs? MS. ELROD: Yes. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. May 26, 2022 CHAIRMAN KAUFMAN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. HIGGINS: Thank you. CHAIRMAN KAUFMAN: Well, you're two for two. MS. HIGGINS: Thank you. CHAIRMAN KAUFMAN: You get a percentage. MR. AYASUN: Off the record. MR. RUBENSTEIN: No Christmas cards for her. CHAIRMAN KAUFMAN: Yeah. Next case, Helen. MS. BUCHILLON: Next case, No. 9, CEROW20210008921, Dominic and Alicia Lento. 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. AMBACH: I do. CHAIRMAN KAUFMAN: Okay. Chris, you want to read it into the record for us? MR. AMBACH: Yes, sir. For the record, Chris Ambach, Collier County supervisor for Code Enforcement. Past orders: October 29, 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6054, Page 3480, for more information. The violation has been abated as of March 2nd, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from November 14th, 2021, to March 2nd, 2022, 108 days, for a total fine amount of $21,600. May 26, 2022 Vendor Invoice 2664 on October 29th, 2021, cost of $210 have not been paid. Previously assessed operational costs of $59.21 have not been paid. Operational costs for today's hearing, $59.28. Total amount, $21,928.49. CHAIRMAN KAUFMAN: Do you know, it might be a little suggestion, when you have the "violation has been abated," if they could say on cases like this "by the county," it might make things clearer. MR. LETOURNEAU: That can be done. Helen, can you take a note of that, please. Can you take a note of that, please, that when we abate the violation, on the top line there "the violation has been abated," you put in "the violation has been abated by the county." MS. BUCHILLON: Okay, got it. MR. LETOURNEAU: All right. CHAIRMAN KAUFMAN: Okay. Anybody want -- MR. LETOURNEAU: I just -- I just want to kind of lead you guys through this one. This was vegetation in the right-of-way, obviously. It took the county, through our process, 108 days to get our vendor out there, and the actual cost of the vendor was $210. I just wanted to make note of that. Okay. THE COURT REPORTER: You said $210? MR. LETOURNEAU: $210, yes. MR. WHITE: And to your point, Mr. Chairman, your order will reflect, including today and the prior order, that it was abated by the county. CHAIRMAN KAUFMAN: Good. Okay. Get a motion from the Board to impose. MS. ELROD: I'll make a motion to impose the fines. MR. RUBENSTEIN: I'll second. MR. WHITE: And costs? MS. ELROD: Yes, sir. May 26, 2022 MR. WHITE: Thank you. CHAIRMAN KAUFMAN: I didn't hear that. Was that -- MR. WHITE: I was simply clarifying that we would add the costs as well as the fine amounts. CHAIRMAN KAUFMAN: Yes. It's on the bottom of the page. MS. ELROD: I'll impose the total amount, how's that? CHAIRMAN KAUFMAN: Yeah. Okay. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Next, Helen? MS. ELROD: I think we're done. MS. BUCHILLON: That's it. We're done. CHAIRMAN KAUFMAN: I figure we had 17 minutes left. I said we'd be done at noon, so... Okay. A couple of comments. We're going to have our meeting to discuss the rules. Is that going to be our next meeting or a subsequent meeting? MR. WHITE: Well, Mr. Chairman, if you're asking my opinion on it, I'd prefer it would be in July or August because I will be having to -- as you previously approved -- dialing in for the June meeting. CHAIRMAN KAUFMAN: I agree. MR. WHITE: And I'd prefer to be present so we can have a more robust discussion. of w May 26, 2022 CHAIRMAN KAUFMAN: I love it. Okay. MR. RUBENSTEIN: Motion to adjourn. CHAIRMAN KAUFMAN: Motion to adjourn. MS. ELROD: Second. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:43 a.m. ROBERT KA , CHAIRMAN These minutes approved by the Board on-SwE. Vg42j, 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 90