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CEB Minutes 11/18/2022November 18, 2022 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, November 18, 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 Danny Blanco Sue Curley Lee Rubenstein Zully Ruiz, Alternate John Fuentes (Excused) Kathleen Elrod (Excused) Tarik N. Ayasun (Alternate) ALSO PRESENT: Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Patrick White, Attorney to the Board November 18, 2022 Page 2 CHAIRMAN KAUFMAN: 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 this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. I'd like everybody to stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Are we ready for the roll call? MS. BUCHILLON: Yes, sir. Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Kathleen Elrod is excused. Mr. Danny Blanco? BOARD MEMEBER BLANCO: Here. MS. BUCHILLON: Ms. Sue Curley? BOARD MEMBER CURLEY: Here. MS. BUCHILLON: Mr. John Fuentes is excused. Mr. Lee Rubenstein? BOARD MEMBER RUBENSTEIN: Here. MS. BUCHILLON: Mr. Tarik Ayasun is excused. November 18, 2022 Page 3 Ms. Zully Ruiz? BOARD MEMBER RUIZ: Here. MS. BUCHILLON: That's it. CHAIRMAN KAUFMAN: Okay. I understand that there has been some problems getting the agenda emailed out, but we'll go ahead and approve the agenda as bulleted. MS. BUCHILLON: Yes, sir. MR. WHITE: Approval of the minutes? CHAIRMAN KAUFMAN: Yes. BOARD MEMBER CURLEY: Motion to accept the minutes. BOARD MEMEBER BLANCO: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. WHITE: If I may, Mr. Chairman, as to the approval of the agenda, I believe you were notified that there was a request for one more item to be added under Roman Numeral 5, public hearings, A, motions, and I believe, most correctly, it is an item that should be considered as a motion for extension of time. The respondent is Polly Ave, LLC. They are here and present and represented by counsel in the form of Mr. Yovanovich, and it's at your deference that they would be added to and approved to be added to the agenda. My suggestion is that they may -- although they would be the third item under motion for extension of time, because they're November 18, 2022 Page 4 represented by counsel, and my understanding is that neither of the first two other matters are, that as is typically your policy, you would give deference to respondents represented by counsel. And if you approve your agenda with an amendment to add that as the first item you'd hear, even though it would be numbered 3, that's to your consideration and discretion. I have nothing else regarding the agenda changes. CHAIRMAN KAUFMAN: I don't quite understand. Was this a case that has already been heard? MR. WHITE: Yes, sir. CHAIRMAN KAUFMAN: And? MR. WHITE: And I believe that Mr. Yovanovich can give you more of the basis as to why they're here, as can I. But it's been heard. It's past the time to have been in compliance. My understanding is there's some changes in ownership and other things that it just seemed to make the most sense for them to come in and apprise the Board of the status, and the best vehicle for doing that is a motion for extension of time. CHAIRMAN KAUFMAN: Is this on the agenda right now as an -- MR. WHITE: It was requested after the agenda was first published in draft form and was added with the consent of staff, and I was asked to consider it as well. I believed, as I'm telling you now, that it falls in the category of a motion for extension of time. And it's, as I said, to the Board's deference as to when it would be heard and, certainly, I believe it should be heard today. BOARD MEMBER CURLEY: I just have a clarity question. So this says EOT No. 1, and this says Continuance No. 1. Are these two different cases? MS. BUCHILLON: Yes. The one that says "continuance" is the Polly Ave. November 18, 2022 Page 5 MR. WHITE: And that's the point of clarification. It was requested as both by Mr. Yovanovich, either as a motion for continuance or motion for extension of time, and because it has already had an order issued and it's past the compliance date, as has been your practice and is, I believe, consistent with your rules, it's more correctly identified and construed and considered as a motion for extension of time. I believe it's more going to be just a kind of procedural update so that the Board wouldn't find itself X number of months, or whenever, in the future at a place where they had no idea why it had taken so long. And I think that's the point of Mr. Yovanovich's presentation to you today. CHAIRMAN KAUFMAN: Okay. So you would like to modify the agenda to include this case, which originally, I guess, would be in the penalty phase, to the motion for an extension of time? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. So if you move that up. Was that listed on the agenda under the imposition of fines? MS. BUCHILLON: No. MR. LETOURNEAU: Mr. Chairman, I believe that the imposition wasn't scheduled due to the fact that they haven't reached their time of compliance yet. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Well -- CHAIRMAN KAUFMAN: So we're not moving it from there. We're just -- MR. LETOURNEAU: No. I just think this is a request by the respondent to ask for more time before they hit the compliance date on the original order. MR. WHITE: And I stand corrected, that it's not past the compliance date. MR. LETOURNEAU: No. November 18, 2022 Page 6 BOARD MEMBER CURLEY: Okay. Thank you. BOARD MEMBER RUBENSTEIN: So it's an add-on. MR. WHITE: But it still is a motion for extension of time. It's not a continuance. CHAIRMAN KAUFMAN: Okay. So that's one change. Any other changes on the agenda? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. Let's go through those, and -- MS. BUCHILLON: We have three stipulations. Under public hearings, D, No. 2, CESD20220005096, Karl Heinz Winkler and Ingrid Winkler. Next stipulation, No. 7, CESD20220005413, Capri Real Estate Property, LLC. And the last stipulation, No. 3, CESD20220003245, Naples-Davis Boulevard, LLC, care of Benderson Development, LLC. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Now we have withdrawns. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under public hearings, D, hearings, No. 1 CELU20220004718, Lowe's Home Centers, Inc., has been withdrawn per management. No. 4, CESD20220007281, Ian Scott, has been withdrawn due to compliance efforts. No. 8, CEAU20220009028, Becky Mato and Nathalia Mato, has been withdrawn due to health issues. No. 9, CEAU20220007483, Becky Mato and Nathalia Mato, has been withdrawn due to health issues. No. 10, CEA20220008386, Becky Mato and Nathalia Mato, has been withdrawn per management. November 18, 2022 Page 7 Under old business, B, motion for imposition of fines, No. 7, CESD20180011460, Carlos Valdes and Dulce Valdes, has been withdrawn due to compliance efforts. And those are all the changes for now. BOARD MEMBER CURLEY: What number was the last one you just read? CHAIRMAN KAUFMAN: Seven. MS. BUCHILLON: Seven under imposition of fines. CHAIRMAN KAUFMAN: Okay. Can we get a motion from the Board to accept the agenda as modified? BOARD MEMBER CURLEY: Motion to accept. CHAIRMAN KAUFMAN: And a second? BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Jeff, I hear a kid crying out there. Stop beating the people who are here to have there -- okay. MS. BUCHILLON: Ready? CHAIRMAN KAUFMAN: We're ready. MS. BUCHILLON: Okay. First case under public hearings, A, motion for extension of time, CED20210011051, Polly Ave, LLC. BOARD MEMBER CURLEY: So is that not in our electric November 18, 2022 Page 8 packet here? MS. BUCHILLON: Not at hand, but it is -- it's going to be on the -- BOARD MEMBER CURLEY: This piece of paper is all we have, though? MS. BUCHILLON: Yeah, that's all you have, but it's going to show the past order and everything on the screen when Jeff puts it up. MR. LETOURNEAU: It's in the "I" drive? MS. BUCHILLON: Yes. It will say "continuance" on the file. MR. LETOURNEAU: I got it, yeah. 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. YOVANOVICH: I do. MR. WHITE: As I'd indicated, Mr. Chairman, Patrick White, Board attorney. We had a request come from Mr. Yovanovich after the point in time at which the draft agenda was published and, as you heard, there were some issues relative to getting an updated electronic agenda packet to you. This is a fairly straightforward matter. Mr. Yovanovich will illuminate in detail but, simply stated, it's prior to the compliance date but after the point in time at which the Board issued its order, so it's an extension-of-time request. And I don't have anything else other than to give you that procedural posture for the case and why it was somewhat belatedly requested. CHAIRMAN KAUFMAN: Let me interrupt you one second. Jeff, is it possible to make that so we could see it? I don't think I could see it if I was standing in front of it. BOARD MEMBER RUBENSTEIN: Is there a hard copy November 18, 2022 Page 9 available? CHAIRMAN KAUFMAN: I don't know, unless Helen has a copy of it. MS. BUCHILLON: I do. Do you want me to put it up on the screen? CHAIRMAN KAUFMAN: Well, that's what's up there now. We can't -- BOARD MEMBER CURLEY: Let us look at it. MR. LETOURNEAU: I apologize. I just got this computer yesterday, so I haven't -- let's just do that right there. Mr. Chairman, would you like me to read it into the record or just the -- CHAIRMAN KAUFMAN: I just have a copy. Let me just take a quick look at it. BOARD MEMBER CURLEY: It refreshes our memory when we actually see what we approved. CHAIRMAN KAUFMAN: Yeah. Why don't you read No. 3 into the record for us. MS. BUCHILLON: That's the continuance. MR. WHITE: Under order or findings? CHAIRMAN KAUFMAN: Under findings. MR. WHITE: Thank you. MR. LETOURNEAU: Number 3, the respondent filed this motion for extension of time via email on April 14th, 2022. CHAIRMAN KAUFMAN: No. I'm talking about the finding of fact. The property located at, et cetera. MR. LETOURNEAU: Helen, do I have the right document here? CHAIRMAN KAUFMAN: That's the one that -- MR. LETOURNEAU: That's the extension. That was continued. The other one should be in there. November 18, 2022 Page 10 CHAIRMAN KAUFMAN: I'll read it into the record. The property located at 5915 Onyx Circle, Naples, Florida, ZIP code is 34112; folio number so and so -- it gives a description of where it is -- is in violation of Collier County Land Development Code, as amended. Unfinished construction with expired building permits. That's what I wanted to see, what it was. MR. WHITE: And I'm thinking Mr. Yovanovich is fully prepared to kind of give the procedural history if you'd like. CHAIRMAN KAUFMAN: Yeah, I just wanted to see what happened in the past. MR. WHITE: Understood. There apparently was the original order, and then in order for either a continuance -- or excuse me -- a prior order for extension of time. BOARD MEMBER CURLEY: So the prior order for extension of time was denied on May 26th, 2022? MR. WHITE: Well, typically they're denied and then continued, if you will. CHAIRMAN KAUFMAN: Let me just continue reading through this. BOARD MEMBER CURLEY: Okay. And the date that I have on this shows this was ordered on the 24th of March, so a long time ago. BOARD MEMBER RUBENSTEIN: I thought it was extended in April. CHAIRMAN KAUFMAN: Yeah, I'm looking at that. MR. MUCHA: It extended on May 26th for six months. BOARD MEMBER CURLEY: It wasn't extended. MR. MUCHA: Or continued for six months. BOARD MEMBER CURLEY: Big difference. MR. WHITE: Well, technically, kind of going back to where this appears on your agenda, an extension-of-time request is made November 18, 2022 Page 11 any time after an original order finding a violation, a fine, and a date for compliance have been ordered. So we deny them in the sense that -- BOARD MEMBER CURLEY: They're still going to accrue fines. MR. WHITE: They continue to accrue fines -- BOARD MEMBER CURLEY: We understand that. MR. WHITE: -- but they are, quote-unquote, continued in the sense that typically the staff, the county, is not in a position to bring it forward for an imposition of fine prior to that date because the Board has ordered it to be continued to some date in the future. And that's where we are at a point prior to that extended -- BOARD MEMBER CURLEY: Okay. We understand what you're saying. MR. WHITE: Okay. BOARD MEMBER CURLEY: We just didn't have these documents to refresh our memory. And when something's called Polly Avenue, it confuses us with the street Polly Avenue. So we want to make sure we're thinking about the right case. MR. WHITE: I perfectly understand, Ms. Curley. And my goal is to make sure that all the Board members have an equal understanding of the procedural history. As I said earlier, I think Mr. Yovanovich can illuminate all of the procedural and other details. CHAIRMAN KAUFMAN: Okay. BOARD MEMEBER BLANCO: Mr. Chairman, quick question. So just as far as a summary, you have till November 26th -- CHAIRMAN KAUFMAN: That's correct. BOARD MEMEBER BLANCO: -- to comply with this, and you're coming in front of the Board to request more time, right? That summarizes what we've been discussing? November 18, 2022 Page 12 CHAIRMAN KAUFMAN: Yes, exactly. BOARD MEMEBER BLANCO: Got it. I'll make a motion to -- CHAIRMAN KAUFMAN: Before -- whoa, whoa, whoa, whoa. BOARD MEMBER CURLEY: No, no, no. CHAIRMAN KAUFMAN: Joe goes first. County, present your -- MR. MUCHA: Well, I think he has to present -- CHAIRMAN KAUFMAN: Is that what you want to do? MR. MUCHA: -- his reasoning. CHAIRMAN KAUFMAN: Okay. MR. WHITE: The respondent is requesting the extension. CHAIRMAN KAUFMAN: Okay. MR. WHITE: So as long as the case has been introduced and the Board is satisfied that they're, as Ms. Curley said, aware of, you know, which case this is and how they previously, you know, heard and decided it, I think it may be more appropriate for Mr. Yovanovich to share his piece. CHAIRMAN KAUFMAN: Mr. Yovanovich. MR. YOVANOVICH: Thank you. Good morning. For the record, I'm here on behalf of Polly, LLC. And I'm going to butcher -- Camillo -- help me with your last name. MR. MATARAS: Mataras (phonetic). MR. YOVANOVICH: Mataras, thank you -- and Julie Medina are both here as representatives of the entity that now is in control of the property. I was going to go through, and I will go through, a brief history of how we got to where we are today. I know you have many cases, but originally a notice of violation was issued to the entity that was responsible for building the November 18, 2022 Page 13 buildings. Polly, LLC, was not responsible for building the buildings. That entity, I believe, did not show up to your hearing. You gave, essentially, the entity two weeks to either finish the construction or demolish the improvements. My clients found out that that order had been issued, and they actually flew in and spoke to you-all in May of 2022. CHAIRMAN KAUFMAN: Let me ask a question while you're here. MR. YOVANOVICH: Yeah. BOARD MEMBER CURLEY: Can we have Joe give us the timeline? Because he's not giving us the timeline. We need to know when the first order -- MR. YOVANOVICH: I am. BOARD MEMBER CURLEY: -- how long, et cetera, et cetera, et cetera. Thank you. MR. YOVANOVICH: The first order was issued on March 24th -- CHAIRMAN KAUFMAN: Right. MR. YOVANOVICH: -- 2022. CHAIRMAN KAUFMAN: And the order was to the owners of the property. MR. YOVANOVICH: Correct. BOARD MEMBER CURLEY: We need to know the -- MR. YOVANOVICH: I understand. CHAIRMAN KAUFMAN: So not the construction company? MR. YOVANOVICH: But the person in charge never told the other partners that the order had been issued. So as soon as they found -- basically there was an issue due to the pandemic. The property wasn't properly managed. They took over and found out that an order had been issued on March 26th -- I'm sorry -- March 24th, 2022, to get into compliance by April 13, 2022, November 18, 2022 Page 14 and the order was to either complete all the buildings or demolish the buildings. CHAIRMAN KAUFMAN: Okay. MR. YOVANOVICH: When they found out about the order, they came to you in May of 2022, specifically on May 26th, 2022, and originally asked you to extend the compliance date so they -- because it was past April 13th. You-all decided not to extend the compliance date, but you gave a continuance until May -- I'm sorry -- November 26th, '22, to keep making progress to getting into compliance. CHAIRMAN KAUFMAN: Okay. MR. YOVANOVICH: That's the posture of the case. I was retained a few weeks ago to look at some land-use items, because that's predominantly what my practice of law is, to look at the status of all their permits, their zoning permits, their building permits and all that, find out -- make sure everything was in order so the project could continue to go forward. We discussed and they brought up there was an outstanding Code Enforcement case. I looked at that immediately, contacted Mike Ossorio and said, Mike, we're coming up on November 26th. When's the next available Code Enforcement Board for me to come in and give a status report to let them know we're still working at getting into compliance. I don't want anybody to think we're not paying attention to this, and we're going to need more time to finish the completion of the construction. So that's essentially what we're here to ask for. I'm going to give you kind of an update of what's happened on the site, kind of where the property is right now to show you that they're serious about completing the project, and ask you for a further extension so we don't start imposing fines, and that's what we're here for. CHAIRMAN KAUFMAN: Okay. November 18, 2022 Page 15 MR. YOVANOVICH: Since the original -- the original order was issued, they've cleaned up the site. My understanding is that the neighborhood's not filed any complaints about the status of the project. They're continuing to maintain the site. They originally contacted architects, engineers, and interior designers to look at what was previously approved, see if there were any other improvements that needed to be done before they went into construction. They then hired contractors to bid out what it would cost to complete the construction. Essentially, as they're trying to get into compliance and move forward, we have interest rates ratcheting up making it much more difficult to finance the project and, ultimately, to find buyers due to mortgage rates going up. They decided it was not in their wheelhouse to finish the project, so the project is under contract today with a 30-day due diligence. Hopefully closing will occur on January 5th, and that owner will then move forward to completing the construction of the project. CHAIRMAN KAUFMAN: Can I interrupt you for one second? MR. YOVANOVICH: Absolutely. BOARD MEMBER CURLEY: Yeah. CHAIRMAN KAUFMAN: Has the site been cleared -- this is why, I guess, we wanted the county -- the county, has the site been cleaned up, et cetera, et cetera? MR. MUCHA: For the record -- CHAIRMAN KAUFMAN: What's been done? MR. MUCHA: -- Joe Mucha, supervisor, Collier County Code Enforcement. Yes, the site's clean. It's maintained. I mean, all the building permits are active at this point, so... BOARD MEMBER CURLEY: Here's my question. So we November 18, 2022 Page 16 don't know if this is a vacant lot, a residential, commercial, nothing. Mr. Yovanovich has told us nothing about what we're actually talking about. So could you please give us the normal rundown that you would so we can be informed. MR. MUCHA: I mean, it's a new development on the corner of Polly and Santa Barbara. It's -- there's -- I believe there's two six-unit buildings in progress. There's a clubhouse building in progress. That's really all that's started over there. And it's got a nice wall around the community. BOARD MEMEBER BLANCO: I have a -- sorry, Joe. BOARD MEMBER CURLEY: So the property hasn't sold? Because our attorney told us before the meeting that the reason this was rushing to hear is because there had been a change in ownership. MR. WHITE: No, ma'am. There was an anticipated change in ownership. BOARD MEMEBER BLANCO: I have a question for the county. CHAIRMAN KAUFMAN: Danny? Danny? BOARD MEMEBER BLANCO: Joe, does the county have any objection to the respondent's motion requesting more time? MR. MUCHA: No, sir. BOARD MEMEBER BLANCO: Is there any health and safety issues relating to this case? MR. MUCHA: No, sir. BOARD MEMEBER BLANCO: Mr. Chairman, we've done this 100 times. The respondents came in here ahead of their due date. The county has no objections. There's no health and safety issue. MR. WHITE: You just need a period of time consistent with what the respondent's counsel may request. I don't think you have that fact on the record yet. November 18, 2022 Page 17 CHAIRMAN KAUFMAN: We interrupted you. So continue from where you were. MR. YOVANOVICH: All right. We're requesting another six months, and we'll come back and update you if we're not done by then. You have to understand, this project's a 48-unit project. The buildings are going to take time to complete. They're block. They're not in -- they're not in a position -- if I could -- first of all, I don't know how two weeks would have worked originally. So a reasonable time is six months for us to come back and tell you exactly how far we've gotten to show you that we're moving along. I'm not sure we'll be done with the buildings in six months, but we will show you where we continue to make progress. And staff's not opposed to that. My client is serious about this. And we're asking for another six months to show you we're serious in making more progress. BOARD MEMBER CURLEY: So, Mr. Yovanovich, didn't you just tell me they had a contract to sell it in January, and they were doing a 30-day due diligence right now? So where are you going to be in six months if they're selling it? MR. YOVANOVICH: I'm pretty sure they'll probably continue to use me to make sure I come back and update you. BOARD MEMBER CURLEY: These -- not these people. MR. YOVANOVICH: I'm sure the new -- if the new people buy the property, it would make sense for them to continue to use me to -- and if they want to hire another lawyer, that's fine, too, but they will have to come back and update you one way or the other, whether it's through me, through them, or other representations. CHAIRMAN KAUFMAN: Well, we can put that as part of the continuance. MR. WHITE: Mr. Chairman, I appreciate the suggestion, as I'm sure Mr. Yovanovich does, but I'm not sure that's within your November 18, 2022 Page 18 jurisdiction. BOARD MEMBER CURLEY: This is just a lot of fluff and no stuff. BOARD MEMEBER BLANCO: Mr. Chairman, I'll -- I think we're heard from both parties. At this point I will make a motion to grant the respondent -- I'll make a motion to continue the case for seven months. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? (No response.) CHAIRMAN KAUFMAN: It fails for lack of a second. Mr. Ossorio? MR. OSSORIO: For the record, Mike Ossorio, director of Code Enforcement. I just want to make sure we're all on the same page considering about what compliance looks like. The county has no objection of six months or seven months. We're in different times here with this hurricane. There's contractors. There's supply issues. There's labor issues. And my thought would be, listen, there's other things the county's going to be looking into, and this is not one of them. Obviously, it's -- the site's clean, am I correct? MR. MUCHA: Yes, sir. MR. OSSORIO: The owner's here. And I think it's prudent for us to align ourself with the respondent and say, let's give him more time. CHAIRMAN KAUFMAN: Okay. And the concern was, originally this came before the Code Enforcement Board for a reason. What was the original reason this came before the Board? BOARD MEMBER CURLEY: Unfinished -- MR. OSSORIO: Expired -- CHAIRMAN KAUFMAN: Excuse me? November 18, 2022 Page 19 MR. OSSORIO: Expired permits. CHAIRMAN KAUFMAN: Okay. So those permits have now been renewed or whatever? MR. OSSORIO: Correct. CHAIRMAN KAUFMAN: Okay. So, really, as far as that is concerned, they're in compliance? MR. OSSORIO: Well, they're in compliance, but the order basically said you've got to get a certificate of completion. So there's a hangnail there, so -- and that's a good process to make sure that, you know, these respondents get in compliance; however, this is different -- this is different times, and this is a different issue, and their permit has been -- I'm assuming at the end of the day the permit's going to expire next month, and they're going to re-up, and we're going to talk to the building official, and we'll get those going. But I didn't want this respondent to be caught up not in compliance, and that's why I put them on the agenda before he was. MR. YOVANOVICH: Actually, Mr. Ossorio, I don't know if you're aware. I talked to Jeff. We've already extended the permits for another six months, so they're not going to expire. That's one of the reasons I was hired was to make sure permits did not expire. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Mr. Chairman? CHAIRMAN KAUFMAN: And what's happening now, from what one of the members of the Board has brought up, is that this may be sold in January to a different owner. MR. OSSORIO: It may very well, but -- CHAIRMAN KAUFMAN: But the code case carries on. MR. OSSORIO: Obviously, our standing's with liens and the charging document and the recording. This is why we record most of the orders. So I am -- if it changes hands, it doesn't change the fact that the fines will continue to accumulate. And at the end of the November 18, 2022 Page 20 day, I think in six months that project's going to look totally different. I think it's going to be a benefit for the community. So we have no issue granting seven months, six months extension. MR. WHITE: Point of order, Mr. Chairman. I want to make sure that Mr. Ossorio was sworn. Can -- THE COURT REPORTER: Do you swear or affirm the testimony you have given and will continue to give will be the truth, the whole truth, and nothing but the truth? MR. OSSORIO: I do. MR. WHITE: Thank you. BOARD MEMBER RUBENSTEIN: Mr. Chairman, I have a question for Joe. Joe, realistically, how much time is it going to take if everything was in place for this to get solved and finished? MR. MUCHA: It's going to take more than six months. BOARD MEMBER RUBENSTEIN: Okay. And I have a question for you. You said that there was financing issues because of the uptick in interest rates. Is there firm financing in place on this project as of today? MR. YOVANOVICH: The buyer is looking at this and will decide. If the buyer doesn't go forward, we'll have to complete it. BOARD MEMBER CURLEY: So is there -- BOARD MEMBER RUBENSTEIN: Hold on. Hold on. MR. YOVANOVICH: So they're committed to completing it or demolishing it. BOARD MEMBER RUBENSTEIN: Is there financing in place as of today? MR. YOVANOVICH: For my client to complete the construction? BOARD MEMBER RUBENSTEIN: For these folks. November 18, 2022 Page 21 MR. MATARAS: No. MR. YOVANOVICH: They have not -- that's why the project is up for sale. They'll have to get the financing. Again, we're not asking you to forgive the fines. We're asking you to let us continue to accrue the fines -- BOARD MEMBER CURLEY: They know that. MR. YOVANOVICH: -- get the project completed, and then, ultimately -- BOARD MEMBER CURLEY: So let me ask you, on the sales contract, you said they're doing their 30-day due diligence. So, obviously, this is popping up in their due diligence -- MR. YOVANOVICH: Of course. BOARD MEMBER CURLEY: -- and you certainly don't want this to expire during the course of their due diligence. I get it. Is [sic] the contract have a contingency for financing written in it? MR. YOVANOVICH: No. CHAIRMAN KAUFMAN: Let me just say -- MR. YOVANOVICH: No. It's a cash deal. CHAIRMAN KAUFMAN: Let me summarize everything. BOARD MEMBER CURLEY: That's different. CHAIRMAN KAUFMAN: I don't care whether the property is sold or not sold. The case is here. If we grant an extension -- excuse me -- a continuance, we'll hear back from you whether it's done or it's not done. The building permits will be active at that time, and we go on with life, so... BOARD MEMBER CURLEY: Jeff, are the permits extended? He said that they were. MR. YOVANOVICH: Let me show you the letter. MR. LETOURNEAU: Have you looked into that, Joe, or -- I can look really quick. MR. MUCHA: In the system it doesn't show, but I -- November 18, 2022 Page 22 CHAIRMAN KAUFMAN: Rich has it. MR. MUCHA: He's shown me a letter he sent to the building official, Fred Clum, so I'm assuming. You know, our system might just be a little bit backed up, inundated right now, you know. BOARD MEMBER RUBENSTEIN: Mr. Chairman, I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. Hold on one second. MR. WHITE: You do have the sworn testimony and, apparently -- MR. YOVANOVICH: Mr. Kaufman, what I did is there was an emergency order issued by the Governor. It gives us the ability to notify the county that we would like an extension. It's automatic. MR. LETOURNEAU: There's a toll period, yeah, due to the emergency, yes. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So they're not really -- they're not -- MR. LETOURNEAU: They have to be extended, though. CHAIRMAN KAUFMAN: Okay. So we have a motion from? BOARD MEMBER RUBENSTEIN: I'd like to make a motion. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: I'd like to make a motion to allow the extension for 90 days. BOARD MEMBER CURLEY: I'll second that. CHAIRMAN KAUFMAN: Okay. Discussion on the motion? BOARD MEMBER CURLEY: Here's the discussion. In January, we want to see what's going on. If these people don't own it -- BOARD MEMBER RUIZ: Mr. Chairman, I have a question to the county. November 18, 2022 Page 23 CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUIZ: Is the county going to apply the 50 percent rule? Because that's going to take very long for all of the permitting process to go -- you know, to go very smoothly. MR. LETOURNEAU: I don't think the 50 percent rule comes into play here because these structures aren't built yet. They have an active, ongoing permit. The 50 percent rule would come into play if a structure was damaged and it didn't conform to today's codes. Obviously, this is a new permit. These structures conform to today's codes. BOARD MEMBER RUIZ: Okay. But the system is the system. So everybody is in the same system whether it's an existing property or a new piece of property. MR. LETOURNEAU: But they have active, current, up-to-date permits on this project. It's not an old project. It's a -- it's a fairly -- couple years old, actually, not even. Maybe a year old. BOARD MEMBER RUIZ: There's changes and things like that that have to go back and forth into the staff. MR. LETOURNEAU: Well, they have a permit right now that, if they complete, it's a good permit. The 50 percent rule does not come into effect. MR. WHITE: Ladies and gentlemen, please, one at a time out of the respect -- BOARD MEMBER RUIZ: I have the floor. MR. WHITE: I understand, ma'am. And I'm only asking everyone to please be considerate of our stenographer. She's making a verbatim record, so please try to be considerate. BOARD MEMBER RUBENSTEIN: I'd like to call the motion, please. CHAIRMAN KAUFMAN: Okay. Let her finish with her question, and then -- November 18, 2022 Page 24 BOARD MEMBER CURLEY: It's asked and answered. She asked if the 50 percent rule applied. He said no. CHAIRMAN KAUFMAN: I'm the Chair. I want her to finish asking the question that she has. So no interruptions, please. BOARD MEMBER RUIZ: Thank you, Mr. Chairman. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUIZ: I am just concerned that people are coming back and coming back for extensions when we know that this 50 percent rule, because of the hurricane, is going to certainly delay. If it is not delayed already, it will delay more the process, and that's what I'm concerned about. CHAIRMAN KAUFMAN: Okay. I think -- I think what our attorney said is this doesn't hit the 50 percent rule because it's brand new. MR. WHITE: That is correct. CHAIRMAN KAUFMAN: Okay. So that really doesn't matter. BOARD MEMBER RUIZ: Mr. Chairman, this permit is in the same process as any other permit. CHAIRMAN KAUFMAN: But there are different rules. And if a new -- if you have a house -- I understand what you're saying of the 50 percent. If you have a house that's worth $100,000 and you wanted to improve it, you can't improve it for 500,000. That's the 50 percent rule. But you can approve it for 25,000. This is brand new, so it doesn't -- BOARD MEMBER RUIZ: There's more to it than that. MR. WHITE: I think to -- BOARD MEMBER RUIZ: I'm asking the staff. Staff should have, you know, a better answer to that. MR. OSSORIO: I do. Pretty simple is this: The permit's been issued, so it's not going to be clogged up into the other permits November 18, 2022 Page 25 that are going through the FEMA review for 50 percent; however, the 50 percent rule's only for a flood zone. This is probably an X zone, so it wouldn't make really a difference. So that criteria wouldn't make a difference anyway. It's already been reviewed. These permits have already been reviewed by FEMA and were approved by our FEMA coordinator, and these permits have been issued. So it's not going to be clogged up into the system. And, plus, I believe it's probably an X zone, which is above flood. It wouldn't make a difference on the 50 percent rule anyway. BOARD MEMBER RUIZ: So you're comfortable with what they're asking? MR. OSSORIO: I'm very -- I'm comfortable with six months. The good policy is that we recorded the order. We have a good order. It's been recorded. And at the end of the day, it's about compliance, and I see no issue with this -- with this particular time, with the hurricane. More importantly is getting the -- you know, the materials, getting the labor once this contract does go through. At the end of the day, if they don't, they can demo -- they can demo the building pretty quickly, cheaply, and they would be in compliance within three months. So at the end of the day, there is an out. BOARD MEMBER CURLEY: Right. CHAIRMAN KAUFMAN: Okay. I think what has been brought up -- we have a motion on the floor -- is are we going to see the respondent before the six months has elapsed? I think that's what Lee has proposed. And that would cause them to come back and say, yeah, we've done this, this, this, and this. Now we need more time. Because there's no way in the world this is going to get done in three months. We know that. BOARD MEMBER CURLEY: Right. CHAIRMAN KAUFMAN: It probably isn't going to get done November 18, 2022 Page 26 in six months either. So that was the point, I believe, of your motion, Lee, that they come back after -- BOARD MEMBER RUBENSTEIN: Yeah. I want to know what's going on now, not down the road. CHAIRMAN KAUFMAN: Okay. Fine. BOARD MEMBER CURLEY: And it will be interesting to see if they retain you -- if they sell, if you're here again in 90 days. BOARD MEMBER RUBENSTEIN: Or we might be talking to new people. BOARD MEMBER CURLEY: Right. CHAIRMAN KAUFMAN: It doesn't matter to the Board whether they sell it, don't sell it, send it to the moon. It only matters on this case. BOARD MEMBER CURLEY: Right. CHAIRMAN KAUFMAN: So I don't care whether they sell it, and neither does Code Enforcement. They just want the order to come into compliance. BOARD MEMBER CURLEY: So the reason this is here is because either a neighbor complained or it was unsightly. MR. WHITE: No, ma'am. It's here because the representative of the current owners wanted to -- BOARD MEMBER CURLEY: No. Excuse me. MR. WHITE: Please don't interrupt me. BOARD MEMBER CURLEY: The reason -- MR. WHITE: You'll have your turn when I finish speaking, ma'am. Please offer some level of decorum in these proceedings. One at a time. BOARD MEMBER CURLEY: I had the floor. MR. WHITE: No, ma'am. I was speaking, and you interrupted me. (Simultaneous crosstalk.) November 18, 2022 Page 27 BOARD MEMBER CURLEY: -- here in May was because the permits were expired. BOARD MEMEBER BLANCO: Point of order, Mr. Chairman. Point of order. CHAIRMAN KAUFMAN: Yes. Okay. BOARD MEMEBER BLANCO: The attorney was making a point. The respondent's date has not expired. They came ahead of their compliance date to request more time. CHAIRMAN KAUFMAN: I understand. Okay. MR. WHITE: That is accurate and was the point -- thank you, Mr. Blanco -- I was attempting to make. I apologize, Ms. Curley. I'm simply trying to conduct these proceedings by way of the most efficient and orderly process. And as the Chairman has indicated, interrupting someone while they're speaking does not achieve that objective. It takes longer, and it makes it appear to those who may be watching that we do not have an orderly process. I believe we do and that we administer things fairly and even-handily by looking into all of the facts and the law. That is what this is for. CHAIRMAN KAUFMAN: Okay. So we have a motion, and if I could give my comment on the motion. I have no problem with the motion because it will bring the -- Rich will miss us, and he'll want to come back here and tell us how things are wonderful after January, whether they sell it or they don't sell it. I don't care, okay. So that's the motion. And now you're on the -- on the merry-go-round of you may come back in 90 days and say, okay, we have a big handle on when we're going to get our stuff, and it will probably be done in nine months. We're asking for an extension of nine months, and that's fine. So call it -- so we have a motion for an extension of time for 90 days, and we have a second. MR. WHITE: Point of order, Mr. Chairman. I apologize for November 18, 2022 Page 28 interrupting. CHAIRMAN KAUFMAN: Okay. MR. WHITE: I want to make sure that the order is clear when I write it for your signature; that what, in fact, the Board is going to do is grant the request and continue it for a period of time. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER RUBENSTEIN: That's correct. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: That's your motion? BOARD MEMBER RUBENSTEIN: Yes. CHAIRMAN KAUFMAN: That's your second? MR. OSSORIO: Mr. Chairman, before you -- just a clarification, when it comes back within the time frame, it's not going to be under imposition. It will be under motion -- it will be under for continuance. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: I mean, this is crystal clear what I said, and there's a motion and a second, and I want to call the vote. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? BOARD MEMEBER BLANCO: Nay. BOARD MEMBER RUIZ: No. CHAIRMAN KAUFMAN: It passes 3-2. MR. YOVANOVICH: Thank you. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Just so the Board is aware, unless the respondent, whomever that may be in the future, asks for either an November 18, 2022 Page 29 extension of time or the county brings it forward for an imposition of fine, it is not mandated that it will appear on your agenda at that future date. BOARD MEMBER RUBENSTEIN: So come February, we'll talk about it? MR. WHITE: My point is to say, Mr. Rubenstein, that it may not be on your agenda unless the county seeks to impose the fine or by choice, as today, the respondent seeks to come in and inform the Board. BOARD MEMBER RUBENSTEIN: What was their original compliance date? CHAIRMAN KAUFMAN: The 26th -- MR. WHITE: The original one was two weeks -- BOARD MEMBER RUBENSTEIN: In '23, right? CHAIRMAN KAUFMAN: On the paperwork that I saw it says November 26th. MR. WHITE: That was the extended time. CHAIRMAN KAUFMAN: That's correct. MR. WHITE: The original date was roughly two weeks after your first hearing. CHAIRMAN KAUFMAN: Right. And that was done because nobody showed up here on -- MR. WHITE: Understood. CHAIRMAN KAUFMAN: Okay. MR. WHITE: I just wanted the Board to understand the mechanics of whether or not -- how and why an item appears on the agenda or does not. CHAIRMAN KAUFMAN: Okay. We're done with this case. Moving on. Helen, what's next, Stipulation No. 2, or -- MS. BUCHILLON: We have one more extension that they're here, if you want to do the extension first. November 18, 2022 Page 30 CHAIRMAN KAUFMAN: Sure, let's do it. MS. BUCHILLON: Okay. Next case under public hearings, D, hearings -- I mean, A, motions, motion for extension of time, No. 2, 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. HUDSON: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. HUDSON: John Hodson. CHAIRMAN KAUFMAN: Okay. John, are you the owner of the property? MR. HUDSON: I am not the owner. I am -- I work for the owner. I'm the chief financial officer. So the owner is actually a partnership of -- I believe it's three individuals. CHAIRMAN KAUFMAN: That's the name, Three Amigos. BOARD MEMBER CURLEY: Are you one of the Amigos? MR. HUDSON: I am not in this particular partnership, no. I'm the chief financial officer. CHAIRMAN KAUFMAN: You have -- before our attorney asks you, I'll ask you: You have their permission to testify on their behalf? MR. HUDSON: Yes, I do. CHAIRMAN KAUFMAN: Okay, great. Okay. So this was unpermitted improvements/alterations including, but not limited to, the kitchen, classroom, office, and bathroom on the second floor; is that correct? MR. HUDSON: Correct. CHAIRMAN KAUFMAN: So we'll let the county go first. November 18, 2022 Page 31 Would you like to give us a little summary of what we're looking at here? MR. CATHEY: I'll leave it up to them. I don't have anything for you. CHAIRMAN KAUFMAN: Okay. What's the -- I don't have the original date on this. When are you due to come into compliance? MR. HUDSON: I'm not sure that I know that. MR. CATHEY: Their compliance date has not been reached yet. I believe it's -- BOARD MEMBER CURLEY: There's a letter. We only have the first page. CHAIRMAN KAUFMAN: Why don't you just give us a quick summary of what's going on. MR. HUDSON: Okay. So we have -- I'll try to make it as short as I can. But there's a building that -- it's being leased. And there was a -- I guess there was an inspection, and there were modifications that -- I believe that the inspector pointed out that we had to make some changes. So we're in the process -- we have a permit right now that we're waiting on the county to get back to us on the permit to make the required changes. CHAIRMAN KAUFMAN: So the permit has not been approved yet? MR. HUDSON: It has not been approved. CHAIRMAN KAUFMAN: Okay. And at the original hearing, how much -- when did you need to come into compliance on this? MR. HUDSON: I don't have that date. I'm sorry. CHAIRMAN KAUFMAN: Does the county have that? MR. LETOURNEAU: I have it up on the board right now. MR. CATHEY: Jeff, I don't -- November 18, 2022 Page 32 MR. LETOURNEAU: Is that the right -- MR. CATHEY: I don't think that's the right order. BOARD MEMBER CURLEY: So we have an email dated October 31st from Al Quattrone, P.E. This is the only thing we have on this case, and it states that there were some delays, and now there's new comments on the permit approval. So you need 60 days. You're not Al. MR. HUDSON: I'm not Al. BOARD MEMBER CURLEY: This is all we have. MR. WHITE: But you're aware of who Al is -- MR. HUDSON: Yes. MR. WHITE: -- and you are here as their authorized agent? MR. HUDSON: I am. And Al is hired by the partnership. CHAIRMAN KAUFMAN: And according to what we have in front of us, Al is saying you need 60 days to complete everything. BOARD MEMBER CURLEY: So what's the case number so we can at least know the year? MR. WHITE: The case number is CESD20210001477, as I believe it was introduced. BOARD MEMBER CURLEY: So we know this started in 2021. Let's just make a motion to grant him 60 days. CHAIRMAN KAUFMAN: Are you making a motion? BOARD MEMBER CURLEY: Sure. CHAIRMAN KAUFMAN: Okay. Any discussion on -- first of all, is there a second? BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: Okay. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Okay. I have a little discussion myself on this. If your building permit has not been approved yet, November 18, 2022 Page 33 your chances of having this done in 60 days is somewhere between slim and none; however, they'll give you 60 days before you come back here to have probably a more realistic time frame. MR. WHITE: You know, as a matter of fact, Mr. Chairman and Board members, I believe that would depend upon the nature of the comments in the re-submittal, if they're minor or administrative in nature. Sixty days may be plenty of time. I'm familiar with Mr. Quattrone's work, and I believe that, you know, he's making what I would construe to be a reasonable request of time. CHAIRMAN KAUFMAN: Okay. And we have a motion to that extent. BOARD MEMBER CURLEY: Yeah. And this is all we have, so we don't have anything else to go on. So we'll give them what they ask for. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. HUDSON: Thank you. CHAIRMAN KAUFMAN: Okay. Stipulation No. 2. MS. BUCHILLON: Yes, sir. No. 2, CESD20220005096, Karl Heinz Winkler and Ingrid Winkler. 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? November 18, 2022 Page 34 MR. PITURA: I do. CHAIRMAN KAUFMAN: Good morning. MR. PITURA: Good morning, Mr. Kaufman and Board. CHAIRMAN KAUFMAN: Do you want to read the stipulation into the record for us? Let the record indicate that the respondent is not present. MR. PITURA: For the record, Thomas Pitura, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County demolition permit, inspections, and certificate of completion/occupancy for the removal of the screen enclosure within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Is there any reason why -- I mean, this thing is dated the 6th of June 2022. So June, July, August, September, October. BOARD MEMBER CURLEY: So it expired August 6th of '22. So September, October, November. So 60 days plus another 90 days, plus another 60 days. I mean, 10 months to get a permit to November 18, 2022 Page 35 take a screen enclosure down seems like a lot. MR. PITURA: Well, what happened was, is that this particular owner is living in Germany. My next stipulation has to do with the fact that the other owner also has the same violation stipulation to go with it. The -- they hired a few contractors, and they fell wayside. They determined that there wasn't enough money into it, and they didn't want to move forward with it, so they decided to do a homeowner's permit. He had taken it out on an engineer's license, which was later on considered to be invalid. So at this point I did talk to them, they did secure a contractor, and that they are going to move forward with that contractor. BOARD MEMBER CURLEY: Both cases? CHAIRMAN KAUFMAN: Okay. Well, we're hearing this one first. Anybody want to make a motion? I'll make a motion to accept the stipulation as written. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So even though it's a long time, you can't change it because that's what they agreed to in the stipulation. That's where we are today. BOARD MEMBER CURLEY: The stipulation expired 90 November 18, 2022 Page 36 days ago. CHAIRMAN KAUFMAN: Yeah. MS. BUCHILLON: Next stipulation, No. 7, CESD20220005413, Capri Real Estate Property, 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. PITURA: I do. CHAIRMAN KAUFMAN: Okay. Would you like to read this stipulation into the record for us? MR. PITURA: For the record, Thomas Pitura, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County demolition permit, inspections, and certificate of completion/occupancy for the removal of a screen enclosure within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Did they hire the same November 18, 2022 Page 37 contractor to finish this? MR. PITURA: Yeah, the same people are using the same one. CHAIRMAN KAUFMAN: Okay. Any motion from the Board? BOARD MEMBER RUBENSTEIN: I'll make the motion to accept the stipulation as written. BOARD MEMBER CURLEY: Second. BOARD MEMEBER BLANCO: Second. CHAIRMAN KAUFMAN: There's a motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. PITURA: Thank you. MS. BUCHILLON: Last stipulation, No. 3, CE -- wait -- SD20220003245, Naples-Davis Boulevard, LLC, care of Benderson Development, 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. MIGAL: I do. MR. YOUNG: I do. CHAIRMAN KAUFMAN: Good morning. MR. MIGAL: Good morning. CHAIRMAN KAUFMAN: So you'd like to read the stipulation into the record for us? November 18, 2022 Page 38 MR. MIGAL: Yes, I will. For the record, Rick Migal, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, must obtain all required Collier County building permits or demolition permits, pass all related inspections, and be issued a certificate of completion and occupancy for the unpermitted and unapproved sign alterations to include, but not limited to, construction, installation, rebuilding, reconstruction, relocation, alteration, or changes to the message of the sign within 180 days of the hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request that the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County's Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: A question or two or three. What's the scope of this sign that takes six months to come into compliance? MR. MIGAL: I'm not sure that I can answer why it's taken six months. That would be maybe answered by Benderson. But there's some complications to the sign. Because this is the property on Davis and Collier Boulevard that was -- that was a steel shell for so many years. CHAIRMAN KAUFMAN: Right. I'm familiar with it. November 18, 2022 Page 39 MR. MIGAL: That sign was built back then, in 2007, and it was built with the zoning being for a shopping center/retail. So it was what they call a directory sign. When Amazon took over the property, the change -- the zoning changed to a single-use property, which changed the allowable sign to a pole sign and that, therein, lies the -- well, is one of the issues. There's another issue in that that sign was never actually permitted. The original 2007 permit, there were two specific -- excuse me -- sorry -- two specific inspections that never happened, and the sign -- the permit was actually closed out in 2009, and the sign just basically sat there illegal and unpermitted for all those years. So when Amazon took over, there's the sign. They put a vinyl cover over it saying "Amazon" and "park this way," and that, unfortunately, wasn't permitted either. So there's basically three issues: Zoning issue, sign size, the cover -- the temporary cover showing the name of the company was not permitted, and the original permit for the structure of the sign was never finaled. CHAIRMAN KAUFMAN: Okay. Is this a big sign? MR. MIGAL: It's bigger than -- it's a directory sign. So it probably would be -- it would have maybe room for 10 retail signs that say Joe's this and Tom's that. CHAIRMAN KAUFMAN: I understand. Okay. So if they removed that, they would be into compliance? MR. MIGAL: Well, more to it. They are actually, at the end of this month, meeting with Zoning to do a variance. So it's probable, or "possible" maybe is a better word I should use, that they will be granted a variance, and they'll be able to keep the sign at that size. CHAIRMAN KAUFMAN: Okay. November 18, 2022 Page 40 BOARD MEMBER CURLEY: Whoa. When's the meeting they're going to? MR. MIGAL: 28th, I believe. BOARD MEMBER CURLEY: That's why they're only asking for 30 days? CHAIRMAN KAUFMAN: Why don't we -- MR. MIGAL: No. MR. LETOURNEAU: No, they're asking for six months. CHAIRMAN KAUFMAN: Six months. MR. MIGAL: The variance -- there's no way the variance can happen in 30 days. BOARD MEMBER CURLEY: It's hard to see that. I just see within 30 days of this hearing. MR. WHITE: That's for the -- MR. LETOURNEAU: Operational costs. MR. WHITE: -- costs. BOARD MEMBER CURLEY: Oh. MR. WHITE: It's 180. CHAIRMAN KAUFMAN: Okay. Sir, could you state your name on the mic for us, please. MR. YOUNG: My name is Paul Young. CHAIRMAN KAUFMAN: Paul. And you are representing? MR. YOUNG: Benderson Development. I'm employed by them. CHAIRMAN KAUFMAN: Okay. And you have their permission to testify in their behalf? MR. YOUNG: Yes, I do. MR. WHITE: Would you mind stating what your job title is, Mr. Young? MR. YOUNG: I'm a property manager. MR. WHITE: Thank you, sir. November 18, 2022 Page 41 CHAIRMAN KAUFMAN: Okay. You're familiar with the sign and what needs to be done and all the rest of that? MR. YOUNG: Not the full statistics of it, but we're here to get the extension so we can make the corrections. CHAIRMAN KAUFMAN: If you can move that mic up. I can barely hear you. BOARD MEMBER RUBENSTEIN: Jeff, do we have a picture of this? MR. LETOURNEAU: I do have a picture if this gentleman's okay. MR. YOUNG: Yes. MR. LETOURNEAU: Then you'd probably have to vote on it to admit it as evidence if you guys want to see it. CHAIRMAN KAUFMAN: Get a motion to accept the photo. MR. WHITE: You may want to see it first. BOARD MEMBER RUBENSTEIN: I make a motion to accept the photo. CHAIRMAN KAUFMAN: Okay. And a second? MR. LETOURNEAU: Do you want to take a look at it? BOARD MEMEBER BLANCO: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries. Okay. November 18, 2022 Page 42 BOARD MEMBER CURLEY: I mean, if we have a stipulation, we don't usually hear the case. CHAIRMAN KAUFMAN: We're not. Just somebody wanted to see the sign, that's all. Okay. So it's not a fly-by-night sign? MR. LETOURNEAU: No, it's substantial, obviously. CHAIRMAN KAUFMAN: If you painted it all white, would that be in compliance? MR. LETOURNEAU: No. CHAIRMAN KAUFMAN: Okay. I just -- BOARD MEMBER CURLEY: It's a monument. CHAIRMAN KAUFMAN: Okay. So that's the sign. And is there some reason why you need so much time to come into compliance? MR. YOUNG: Well, we've taken extensive damage with a lot of our properties, and we're fixing signs right now from the hurricane. So we just need that time for our vendors to make these corrections. MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. I can answer that. The sign does not meet the current zoning of that property, as Mr. Migal stated. So they're going to have to get a variance if they want to keep the sign in the state that it's in, and that's going to be a long process. Six months might not even be enough at this point, but that's the starting point we agreed to. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So just -- this violation was April of '22, and that was six months before the hurricane, so let's not use that hurricane as your flag -- MR. YOUNG: Yes, ma'am. BOARD MEMBER CURLEY: -- because it's not. CHAIRMAN KAUFMAN: Okay. Having said that, it doesn't November 18, 2022 Page 43 look like it's -- I don't know who reported this. If it was a drive-by or -- MR. MIGAL: Contractor Licensing. They noticed that the temporary sign cover was applied to the sign without a permit. CHAIRMAN KAUFMAN: Okay. MR. MIGAL: Then it was given to Code. CHAIRMAN KAUFMAN: I have no problem with six months for the sign. I don't think it's got any dirty words on it or anything, so... I make a motion that we accept the stipulation as written. BOARD MEMEBER BLANCO: Second. CHAIRMAN KAUFMAN: And we have a second. Do we have any comments on that? (No response.) CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. YOUNG: Thank you. CHAIRMAN KAUFMAN: See you in six months. MR. YOUNG: Thank you, sir. CHAIRMAN KAUFMAN: Because you probably -- yeah, we probably will, because it takes more than six months to get a variance, so we'll probably see you. MR. YOUNG: Have a great day. CHAIRMAN KAUFMAN: Have a good holiday. November 18, 2022 Page 44 Well, that takes care of the stipulations. Then we still have time before Terri needs to rest her fingers, which brings us to... MS. BUCHILLON: Brings us to old business, B, motion for imposition of fines, No. 1, CENA20220005940, Steven M. Thomas. MS. THOMAS: Good morning. CHAIRMAN KAUFMAN: Good morning. You win. There's nobody there from the county. No. MS. THOMAS: Yay. BOARD MEMBER CURLEY: Quick. Run. 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. THOMAS: Yes, I do. MR. MIGAL: I do. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. MS. THOMAS: Terri Lynn Thomas. I'm the daughter of Steven Thomas, who has recently passed away. CHAIRMAN KAUFMAN: Okay. Sorry to hear that. Rick, do you want to read this into the record for us? MR. MIGAL: Okay. Fines have been accrued at a rate of $500 per day for a period of -- from August 28th, '22, to November 18th, '22, or 83 days, for a total fine amount of $41,500. Fines continue to accrue. Previous assessed. Operational costs of $59.21 have not been paid. Operational costs for today's hearing: $59.35. Total amount of the fine is $41,618.56. CHAIRMAN KAUFMAN: Okay. MS. THOMAS: I would like to clarify that the fines -- I went online and paid one of the fines. November 18, 2022 Page 45 CHAIRMAN KAUFMAN: Operational costs? MS. THOMAS: I added it to my cart and -- I paid the fines for one of the -- MR. WHITE: I believe you're referring to the operational costs, the $59 amount, roughly? MS. THOMAS: Yes. MR. WHITE: The operational costs? MS. THOMAS: Yes, that's what I'm referring to. CHAIRMAN KAUFMAN: 59.21. MS. THOMAS: Yes, I did that last night. CHAIRMAN KAUFMAN: Let me ask. Helen? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Have the operational costs been paid? MS. BUCHILLON: Yes, sir. I just -- oh, no. MS. THOMAS: For one of the -- MS. BUCHILLON: No. If she paid it after 6:00, I wouldn't have that information. MS. THOMAS: Yeah, it was after 6:00. I'm sorry. MS. BUCHILLON: Yeah. I wouldn't have that information on that right now. MS. THOMAS: I do have a receipt on my phone, if you would like to see that. CHAIRMAN KAUFMAN: I trust you for $59. The fine's $41,000. Okay. This was July 28th. Are you the owner of the property now? MS. THOMAS: I'm still going through the probate process. BOARD MEMBER CURLEY: Is there any way that we can extend this or continue it or something and -- till the family finishes their grieving and -- November 18, 2022 Page 46 MR. WHITE: I'm having a difficult time hearing you, Ms. Curley. I'd ask if you could please get closer to the microphone. BOARD MEMBER CURLEY: Can we do an extension or a continuance on this based on the -- CHAIRMAN KAUFMAN: You can make a motion. I'd like to hear from the respondent first. MS. THOMAS: Well, I was going to ask for a -- if you would grant me more time, obviously, to comply with everything. I know we have another -- oh, my God, loss of words. MR. MIGAL: Case. MS. THOMAS: Yes, thank you. I know we have another case that isn't due for a few more months anyways, and I was going to see if we could possibly, you know -- CHAIRMAN KAUFMAN: Let me ask a couple of questions. This was a -- and I realize it's not you, and you don't own the property yet. MS. THOMAS: Correct. CHAIRMAN KAUFMAN: Okay. Do you have any idea -- or have you contacted anybody to see what it would take to clean up some of the -- MS. THOMAS: We got a dumpster, and between me and two other people, I tried to get people on board to have a dumpster day, and it just -- yeah, it did not go through. We had the dumpster for about a week. And we got a lot of it done, but I guess it's not good enough. CHAIRMAN KAUFMAN: Well, they extended the time that FEMA is going to pick up stuff till December -- I think it's 15th now. So you have an opportunity to put it at the curb, I guess. MS. THOMAS: Okay. CHAIRMAN KAUFMAN: So that might -- MS. THOMAS: I wasn't aware of that. November 18, 2022 Page 47 CHAIRMAN KAUFMAN: -- be a help, and Ms. Curley wants to give you more time to come into compliance, so... BOARD MEMBER CURLEY: I think it's a family hardship, and I understand, obviously. Now we probably know why this happened, because your dad was ill. MS. THOMAS: Yeah. BOARD MEMBER CURLEY: Then is the -- her asking to mirror the two cases' timeline is not an unreasonable request. Do you -- does somebody know what the other case timeline is? MR. MIGAL: They were given nine months. It was vehicles. There's multiple vehicles on the property. Strangely, to me, they gave 30 days on this but nine months on the vehicles. BOARD MEMBER RUBENSTEIN: Jeff, do we have a current picture of this? MR. LETOURNEAU: Not -- well, I can dig up a picture, yes. CHAIRMAN KAUFMAN: I remember the pictures. MR. LETOURNEAU: Yeah. I will just say -- for the record, Jeff Letourneau, Collier County Code Enforcement. It was -- Ricky, if you don't agree with me, but it was a pretty extensive amount of litter and vehicles. MR. MIGAL: It was. MR. LETOURNEAU: Right. So it would probably take a long time to clean most of this stuff up. BOARD MEMBER CURLEY: So if we just added six months to this, she would be pretty close to the other timeline. CHAIRMAN KAUFMAN: Right. BOARD MEMEBER BLANCO: Is this the case that you had your brother that was here; is that the case? MR. LETOURNEAU: It was a relative, right, you said was living in the guesthouse, I believe? MS. THOMAS: Yes, a relative in the guesthouse, yes, but not November 18, 2022 Page 48 my brother. BOARD MEMEBER BLANCO: Okay. MR. LETOURNEAU: He was running some kind of a business at one point, right? MS. THOMAS: Which I believe we closed that case. BOARD MEMBER CURLEY: So do you think by six months the probate will be done and the ownership of the property will have sorted out? MS. THOMAS: I'm definitely -- I'm hoping on that, yes. BOARD MEMBER CURLEY: I mean, there's a big motivation for this to be done in six months, or the imposition of the fine will be traumatic. CHAIRMAN KAUFMAN: Okay. So you would like -- BOARD MEMBER CURLEY: Make an extension for six months. CHAIRMAN KAUFMAN: Continuance. BOARD MEMBER CURLEY: Continuance for six months. The fines will still accrue, but when you have this all cleared up or probate or the property is sold, then you can come to us and ask us, you know, to look at that. MS. THOMAS: Yes, ma'am. Thank you. BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: So we have a motion to grant 180 days' continuance, and we have a second. MR. WHITE: You're denying the county's request to impose and, in the alternative, granting a continuance of the number of days? CHAIRMAN KAUFMAN: That's correct. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. November 18, 2022 Page 49 BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. THOMAS: Thank you very much. CHAIRMAN KAUFMAN: Good luck. BOARD MEMBER CURLEY: Good luck. MS. THOMAS: Thank you. CHAIRMAN KAUFMAN: You're not allowed to drink beer here. BOARD MEMBER CURLEY: It's not beer. MS. BUCHILLON: Next case under motion for imposition of fines, No. 2, CESD2021000525 -- 5211, Charles S. Miller and Kathleen A. Miller. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUCHA: I do. MR. MILLER: I do. UNIDENTIFIED SPEAKER: I do. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. MR. MILLER: Charles Miller. CHAIRMAN KAUFMAN: Okay. It looks like we're in compliance. Okay. Joe, do you want to read this into the record for us? MR. MUCHA: Yes, sir. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. November 18, 2022 Page 50 Past orders: On April 28th of 2022, 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, OR6130, Page 2950, for more information. The violation has been abated as of September 23rd of 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from July 28th of 2022 to September 23rd of 2022, 58 days, for a total fine amount of $5,800. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.42, for a total fine amount $5,859.20 [sic]. CHAIRMAN KAUFMAN: Okay. Sir? MR. MILLER: I'm sorry? CHAIRMAN KAUFMAN: It's your turn to ask for anything or -- is it still there? Did it get blown away with the hurricane? MR. MILLER: Yes. Originally, it was, and we -- we had the company. They agreed to put us up another one, another canopy, and we did. And unbeknownst to me, they didn't apply for a permit, I guess, for the second one. I was told later that they just assumed or didn't realize that they had to reapply for another permit for the new canopy. And when that was brought to our attention, I started working with them to begin the process of getting a new permit. That process was going along, and at some point, my neighbor, or the complainant, stated that the canopy was at the riparian line, I believe they call it, and it had to be moved, and at that time also they said a permit hadn't been applied for, so that began this process. We had the canopy moved, and that is verified by Mr. Mucha, I believe it is, with Code Enforcement. CHAIRMAN KAUFMAN: That's him. November 18, 2022 Page 51 MR. MILLER: And the only other issue, then, was whether -- to getting the permitting done. So at some point a Mr. Musse came out to my home and -- in April and said -- and I can't remember why I was encouraged to sign this because I initially wasn't in favor of it, but to give a 90-day period to get this process completed. And I said at the time, well, I'm concerned that I'm reliant on the canopy company to get all this done. I don't know that I can -- I don't know that I can say that it would be done in 90 days. Well, we're not here to punish you. We just want to make sure that you're diligent in continuing this process and getting the work done. Okay, fine. So I signed it. And at the time of working with the Waterway canopy company, I was working with a Ms. Dehaven (phonetic), and she was going through the processes, and I would contact her, as I did with Mr. Musse, from time to time during this 90-day period saying, how's the process going? We want to make sure we're doing what we need to do to get this done. And I was told by those folks that we're definitely going to have this done. Don't worry about it. You'll be fine. I would get notices and papers from Waterworks [sic] and from the county saying this process is being taken care of. This process is being done. So at some point along about August -- or July the 13th, I contacted them once again and said, we're coming up on this deadline. I said, how are we progressing along? We're doing fine. Don't worry. On 8/15 I get a notice of completion sent to me. It looks like everything's going along fine. We're -- on 8/17, this notice of completion goes back for signatures. I do what I'm supposed to, to the best of my ability, and I keep hearing from the Waterways folks November 18, 2022 Page 52 that things are coming along. Don't worry about it. You're going to be all right. And on the 24th -- CHAIRMAN KAUFMAN: Let me see if I can summarize this. They gave you till July, whatever date it is, to get it done, but you didn't get it done until September, so you're about two months late? MR. MILLER: Yes. CHAIRMAN KAUFMAN: Okay. That's all. BOARD MEMBER CURLEY: I'll make a motion. BOARD MEMBER RUIZ: Mr. Chairman, I'd like to make a motion. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUIZ: I'd like to make a motion to reduce the fine to $500, pay the $59.42 for this hearing, and that is my motion. CHAIRMAN KAUFMAN: Okay. Do we have a second? BOARD MEMBER RUBENSTEIN: I'll second that. CHAIRMAN KAUFMAN: We have a motion and a second. BOARD MEMBER CURLEY: I have some discussion on that. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I mean, he stated that the canvas company came out to replace a like kind thing. He had no idea. It wasn't his fault. And then the delays from July 13th, 15th, August 15th, August 17th were all Waterway or county, you know, bureaucracy. So I don't understand why we would even want to take one penny from him. BOARD MEMEBER BLANCO: I would agree on what Sue is saying. Just a reminder to the Board that we're not a revenue-generating board. Our job is to seek compliance, and I believe the respondent has -- and, Joe, correct me if I'm wrong, they have done everything they possibly could to come into compliance. MR. WHITE: I believe -- I'm sorry. I didn't mean to interrupt. November 18, 2022 Page 53 But I believe that the agent for the respondent may desire to give you some corroborating information in that regard if the Board is willing to hear it. CHAIRMAN KAUFMAN: Why don't we vote on the motion. BOARD MEMBER CURLEY: Yeah. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER RUIZ: Aye. BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Those opposed? BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMEBER BLANCO: Aye. CHAIRMAN KAUFMAN: Did you vote? BOARD MEMBER CURLEY: I oppose. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I raised my hand and said "aye." BOARD MEMBER RUIZ: You're opposing? BOARD MEMEBER BLANCO: Yes. CHAIRMAN KAUFMAN: You have to say it on the mic. Okay. So the motion fails. Anybody -- BOARD MEMBER CURLEY: I'll make a motion to deny the county's imposition of fines including today's hearing costs of 59.42. CHAIRMAN KAUFMAN: Okay. BOARD MEMEBER BLANCO: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: What's the motion, Mr. Chairman? November 18, 2022 Page 54 CHAIRMAN KAUFMAN: To deny the -- to abate the fine. BOARD MEMBER RUIZ: Okay. CHAIRMAN KAUFMAN: Okay. You're voting for or against it? BOARD MEMBER RUIZ: I'm voting against. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: I'm a nay. CHAIRMAN KAUFMAN: Okay. So it's two nays, three yays. It passes. Your fines are forgiven. MR. MILLER: Thank you very much. CHAIRMAN KAUFMAN: Okay. MR. MILLER: Are we done? BOARD MEMBER CURLEY: Yep. MR. WHITE: You're done. BOARD MEMBER RUIZ: Good citizen. MR. MILLER: Thank you. BOARD MEMBER CURLEY: The one you wanted to fine $500. CHAIRMAN KAUFMAN: We can hear one more case before -- Terri, her contract says she gets a break at 10:30; is that right? THE COURT REPORTER: (Nods head.) MS. BUCHILLON: We actually have a change to the agenda. We have two more stipulations. CHAIRMAN KAUFMAN: Oh, I don't know. BOARD MEMBER RUIZ: Are there any doughnuts today? CHAIRMAN KAUFMAN: No. Okay. Let me go to my stipulation page. Which case? MS. BUCHILLON: No. 5, CEPM20220005689, Suso Mission Hills, LP. CHAIRMAN KAUFMAN: Okay. November 18, 2022 Page 55 MS. BUCHILLON: And No. 6, CEVR20220003493, Suso Four Missions Hills, LP. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the changes to the change. BOARD MEMBER CURLEY: Motion to accept. BOARD MEMEBER BLANCO: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Why don't we hear the two stips and then -- MS. BUCHILLON: Go on break. Okay. First stip, No. 5, CEPM20220005689, Suso Four Mission, Hills, LP. 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. CHAIRMAN KAUFMAN: Let the record reflect the respondent is not present. Okay, Ryan. MR. CATHEY: For the record, Investigator Ryan Cathey, Collier County Code Enforcement. In our "I" drive there is an authorization form signed by ownership and the property manager for your review as well. MR. WHITE: And that would authorize Mueller, who has November 18, 2022 Page 56 signed the stips? MR. CATHEY: Correct. MR. WHITE: Thank you. MR. CATHEY: He's not. He was not able to attend today. CHAIRMAN KAUFMAN: Okay. MR. CATHEY: 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: Must repair and return the fountain to an operational condition or remove the fountain and associated plumbing, electrical pump, et cetera; must also obtain all required Collier County permits or demolition permit, inspections and certificate of completion/occupancy within 60 days of this hearing or a fine of $100 per day will be imposed until the violation is abated; Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; And, last, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance, may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Motion to accept the stipulation as written. BOARD MEMEBER BLANCO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. November 18, 2022 Page 57 BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. We still have five more minutes. MS. BUCHILLON: Next one, No. 6, CEVR20220003493, Suso Four Mission Hills, LP. 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. CHAIRMAN KAUFMAN: Do you want to read that into the record for us, Ryan? MR. CATHEY: For the record, Investigator Ryan Cathey. 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: A, must replace required vegetation that has perished and implement an ongoing maintenance plan to maintain healthy landscaping within 180 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; and, B, must repair and maintain irrigation systems to ensure all required landscaping areas are properly watered to ensure survival of vegetation within 180 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation, request the investigator to November 18, 2022 Page 58 perform a site inspection to confirm compliance; and, Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Six months or $100 a day after that. BOARD MEMBER CURLEY: Motion to accept the stipulation as written. BOARD MEMEBER BLANCO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. BOARD MEMBER CURLEY: I have one question. MR. CATHEY: Yes. BOARD MEMBER CURLEY: Is this HOA, like, bankrupt or something? What's going on here? MR. CATHEY: This is a shopping center. BOARD MEMBER CURLEY: Okay. CHAIRMAN KAUFMAN: Okay. MR. CATHEY: Thank you. CHAIRMAN KAUFMAN: We're going to take a 10-minute November 18, 2022 Page 59 break for our court reporter, so we are in recess. (A brief recess was had from 10:27 a.m. to 10:48 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order, which brings us to our next -- MS. BUCHILLON: Back on old business. CHAIRMAN KAUFMAN: Okay. Imposition of fines number? MS. BUCHILLON: Number 3, CES20210012676, Kendall Perrine, 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. MUCHA: I do. STAFF MEMBER: Yes. CHAIRMAN KAUFMAN: We're all sworn? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MS. GARRICK: I'm sorry. I have a cough. CHAIRMAN KAUFMAN: You have to bring the microphone down or grow, one of the two. MS. GARRICK: Sure. My name is Joan Garrick, and I'm the property manager for Kendall Perrine, LLC. CHAIRMAN KAUFMAN: Okay. And you have their permission to speak in their behalf? MS. GARRICK: Yes, I do. CHAIRMAN KAUFMAN: Okay. Joe, do you want to read this into the record for us? MR. MUCHA: Yes, sir. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. November 18, 2022 Page 60 Past orders: On March 24th of 2022, 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, OR6112, Page 2354, for more information. Violation has not been abated as of November 18th of 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from September 21st of 2022 to November 18th of 2022, for 59 days, for a total fine amount of $14,750. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing is $59.56, for a total fine amount of $14,809.56. CHAIRMAN KAUFMAN: The violation has not been abated? MR. MUCHA: Correct. CHAIRMAN KAUFMAN: Okay. Yes, ma'am. You're up. MS. GARRICK: Yes. I am a seating property manager for Kendall Perrine. I work for Merin Hunter Codman, Inc. I've been managing the property and working with the tenants to all be in compliance with signage. And when I was told about this issue, it was -- it also included painting the building and removing all the signs that were not approved by the county. I was able to get the approval to paint the building, which was completed on time. I sent pictures to Code Enforcement and then had the other tenants to remove their signage. Unfortunately, there is a restaurant in the plaza that is -- has two individuals as signer on the lease. One is very arrogant, and the other was a very nice gentleman that would try to comply with me. Unfortunately, he came down with lung cancer, but he was the person that was working on getting the permit for his sign. Now, that November 18, 2022 Page 61 sign -- the cabinet of the sign was already there from the previous restaurant that was there, and they had a permit for their signage but, apparently, when the new tenant went in, they did not get a permit to put their name in that -- in that cabinet, and that's what caused the issue. So the owner, his name -- well, former now -- Phatamer Zulinberry (phonetic), he assured me that he was working with a sign company to come in compliance and get the permit for the sign. Unfortunately, as he was going through chemo and radiation, he did not get the permit like he was supposed to. When I would follow up with him, he tells me he's working with this lady, and he's doing his best, but between treatment and whatever. As it got closer to the time that we were supposed to come in compliance with everything, I realized that this gentleman was not coming through. So I hired a sign company, All Florida Signs, and paid them to go into the county and get the permit for us, and they did; however, they came back just the other day to say that one of the forms that was completed was on a 2022 form -- sorry -- a 2020 form and should have been on a 2022 form. So I signed that, had it notarized, sent it back in. In the interim, unfortunately, November 8th, Mr. Phatamer passed away. And so now I am working with the sign company to make sure that this sign gets permitted, and we could be out of this dilemma. But all the other issues that were a part of the complaint is in compliant [sic], and I did send Adam Collier all the proof of the pictures, and he went on site and confirmed that those were addressed. CHAIRMAN KAUFMAN: Have you visited the property, Joe? MR. MUCHA: Yes, I was actually out there yesterday. So November 18, 2022 Page 62 we're basically at this point dealing with the one wall sign that she's referencing that they did submit a permit application on October 25th, and it is currently in rejected status. So she's probably just going to need some additional time. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: There's two businesses or just one in this -- MR. MUCHA: There's multiple businesses in this plaza, but the one she's specifically talking about is -- the restaurant business is the one that has the sign. BOARD MEMBER CURLEY: So when she said "paint," I don't see that that was an item. MR. MUCHA: There was some wall graphics that might have been part of -- because there was two parts of this order. There was a bunch of unpermitted signs and -- BOARD MEMBER CURLEY: All right. MR. MUCHA: -- yeah, what would be considered under the description the wall graphics. They painted over those. CHAIRMAN KAUFMAN: So we're down to -- where it says "signs" with an S at the end, we're down to "sign" without an S? MR. MUCHA: Down to a sign, yes, sir. CHAIRMAN KAUFMAN: Okay. Flutter flags and all the rest of that, that's all gone? MR. MUCHA: It's all removed. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So the restaurant's going to remain open in spite of the loss of the one member? MS. GARRICK: He's asking the owner to write a new lease for just him, and based on all of this and the problem that he's put us through, I'm not 100 percent that the owner is going to be willing to extend that courtesy and work with him. So my job is to make sure November 18, 2022 Page 63 that we come in compliance. And like I said, this guy that passed away -- I mean, I'm almost in tears. He's the -- he was the gentleman, the professional that would have come up and done what was right. And, unfortunately, with his illness, it just -- every -- the last time I asked him to just give me the name of the persons you're working with, he said, Joan, I am so sorry. I'm fighting for my life. And by the time I reached back out, he was gone. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Can you inform the Board, ma'am, of how much time you believe you might need? MS. GARRICK: I would say at least another 60 days because when I spoke to Lenny from the sign company, he says that he doesn't believe that he'll get a response. I think with the county there is a window when you apply for a permit that until you have reached that extended time that's allowed to get the permit, say -- they say you have 60 days. We have 60 days to give you the permit. Until that time has passed, there's nothing we can do. BOARD MEMBER CURLEY: Well, Joe just said that the permit has been rejected, so -- MS. GARRICK: Yes, the reason is that -- CHAIRMAN KAUFMAN: The old form. MS. GARRICK: They had me sign a 2020 form. And when they submitted it, it comes back saying that at the bottom of the form, in the right-hand corner, it should say '22. BOARD MEMBER CURLEY: Right. So the sign company used the wrong form -- MS. GARRICK: Yes, unfortunately. BOARD MEMBER CURLEY: -- so... BOARD MEMBER RUBENSTEIN: How long ago was that? MS. GARRICK: That happened -- today is Friday? I think November 18, 2022 Page 64 that happened on Wednesday that I received the new form to sign. Yes, I signed it on the 17th. Yesterday, yesterday. Yeah, he contacted me on Wednesday, but I wasn't in the office. So it needed to be notarized, so I waited until I got back to the office to have it notarized. CHAIRMAN KAUFMAN: Okay. Would anybody like to make a motion on this? BOARD MEMBER RUBENSTEIN: Yeah, I would, sir. I'd like to make a motion that we extend -- we postpone the implementation of the fines for 90 days in order for her to come in compliance. CHAIRMAN KAUFMAN: Okay. A continuance for 90 days is your motion? BOARD MEMBER RUBENSTEIN: Yep. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: And fines will continue to accrue. CHAIRMAN KAUFMAN: Right. BOARD MEMBER RUIZ: I'll second that. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) MS. GARRICK: Thank you. CHAIRMAN KAUFMAN: Okay. So you have 90 days. So that should be enough, and then you have to come back because November 18, 2022 Page 65 you'll have fines that need to be disposed of one way or the other. MS. GARRICK: Yes, sir. I understand. CHAIRMAN KAUFMAN: Okay. MS. GARRICK: Thank you. CHAIRMAN KAUFMAN: Thank you. MS. BUCHILLON: Next case, No. 4, CESD -- I mean -- CES20210008383, Andrew's Ventures, 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. JIVANI: I do. CHAIRMAN KAUFMAN: It looks like sign day today. Could you state your name on the microphone for us, please. MR. JIVANI: Yes. It's Alex Jivani, Andrew's Ventures. CHAIRMAN KAUFMAN: Okay. And you are? MR. JIVANI: The owner. CHAIRMAN KAUFMAN: So you have your own permission to... MR. JIVANI: I do. CHAIRMAN KAUFMAN: Okay. I'm just killing time until he shows up. MR. CATHEY: Yep. CHAIRMAN KAUFMAN: Okay, Ryan. MR. CATHEY: For the record, Investigator Ryan Cathey, Collier County Code Enforcement. Past orders: On January 27th, 2022, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See attached order of the Board, OR6095, Page 3270, for more information. November 18, 2022 Page 66 Violation has been abated as of October 27th, 2022. Fines have accrued at a rate of $100 per day for the period April 28th, 2022, to October 27, 2022, 183 days, total fine amount of 18,300. Previous assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.42. Total amount: $18,359.42. CHAIRMAN KAUFMAN: Okay. MR. JIVANI: So this is from the first order that Mr. Ryan just read. It was two parts. One was removal of the sign and second was get a demo permit. So Mr. Holmes is here. He's a supervisor now who was handling the case before. He does know that the sign was taken down prior to the compliance date, the original compliance date. The problem was getting a demo permit. So I go into Horseshoe Drive office and I say, I need a demo permit. What is the demo permit for? It's for a sign. Okay. So then they connect me to the sign department. The lady, Jennifer, has been working there for six years, and she says, I've never issued a demo permit for a sign. I don't know. She said, I'll get back to you. So I follow up in three to four weeks. Then she said, you know why? Because there's some electrical. You'll have to cap it off and things like that. So that's why it's a demo. Okay. No problem. She says, I'm going to do this. So I call a lot of companies to -- electrical companies to come and do this. It's such a small job. Nobody wants it. Finally, I got one to get me a permit. So they put in a permit, like, two months later, and I have to follow up a lot of times. November 18, 2022 Page 67 Finally, the permit has a lot of errors, so I keep going to the Collier County to ask what's going on. Why is the permit -- oh, they didn't put the right folio number or plat number or whatever. Then second time, oh, they didn't put your name correctly where you should be the owner or they should. So this went on. And I have proof that I went there at least seven times. If I walk into the 2800 Horseshoe, the techs, they'll smile at me, and the supervisor that's in charge will, like, wave her hand and say, oh, we've seen you enough. And they were really, really helpful. I couldn't do any change, one, because it required a contractor; two, the permit was sent electronically. So even if I went there physically, there was nothing that I could do to move the process forward. Then I paid the fees finally for -- when it goes through the approval process, you have to pay a fee, so I paid the 150, or whatever, to Collier County. Then when the permit was ready to be issued, I was told, okay, it's ready to be issued. Go ahead and pay. When I paid, the contractor's license to work in Collier County had expired, his Lee County license. That delayed another 30 days. So, finally, I was able to get it on the date I got it. CHAIRMAN KAUFMAN: Okay. MR. JIVANI: And it's been closed out. CHAIRMAN KAUFMAN: Okay. BOARD MEMEBER BLANCO: I'd like to make a motion. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMEBER BLANCO: I would like to make a motion to deny the county's request for imposition of fines except for today's operational costs of $59.42. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? November 18, 2022 Page 68 (No response.) CHAIRMAN KAUFMAN: I'll second it. BOARD MEMBER CURLEY: I just have a comment that the operation -- if we deny them, then this didn't appear, and so then we don't do the operational costs. Isn't that the -- MR. WHITE: No. It's within the Board's discretion. In recent months, there have been approved motions and orders issued where just the operational costs were continued to be imposed. CHAIRMAN KAUFMAN: Okay. We have a motion. We have a second. All those in favor? Aye. BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: Aye. MR. WHITE: Just a point of order. I'm assuming that's within 30 days? CHAIRMAN KAUFMAN: Yes. BOARD MEMEBER BLANCO: Yes. CHAIRMAN KAUFMAN: All those in favor? Aye. BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER CURLEY: Aye. BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. It passes 3-2. MS. BUCHILLON: Next case, No. 5, CESD20210002415, Melva Padilla and Nazaria Angelica Nunez. 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. NEGRA: I do. November 18, 2022 Page 69 MS. PADILLA: I do. CHAIRMAN KAUFMAN: Good morning. MR. NEGRA: Good morning. CHAIRMAN KAUFMAN: Would you like to read this into the record for us? MR. NEGRA: Yes. For the record, John Negra, investigator, Collier County Code Enforcement. Past orders: On March 24th, 2022, 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, OR6167, PG3107, for more information. On August 25th, 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 not been abated as of October [sic] 22nd, 2022. Fines and costs to date are as follows: Part 2, fines have accrued at a rate of $150 per day for the period from May 24th, 2022, to November 18th, 2022, 179 days, for a total fine amount of $26,850. Fines continue to accrue. Previous assessed operational costs of $59.28 have been paid. The operational costs for today's hearing, $59.63, for the total amount of $26,909.63. CHAIRMAN KAUFMAN: Okay. Is this a garage conversion? MS. PADILLA: No, okay. In August, they -- I apply for permission. CHAIRMAN KAUFMAN: Move the microphone down. There you go. MS. PADILLA: Okay. I apply for permission, and they -- and November 18, 2022 Page 70 I submit all the papers they say, you know, the survey and everything. But it was in August you give me the extension, and they don't answer to me, you know, until the gentle guy call me and say, you need coming back to the court, you know, because we need the extension because they not finished over there in the Collier to give me the permission. I don't know. CHAIRMAN KAUFMAN: Originally -- MS. PADILLA: Yes. CHAIRMAN KAUFMAN: -- you had a garage? MS. PADILLA: Yes. CHAIRMAN KAUFMAN: What were you doing to the garage? MS. PADILLA: Okay. When I do the garage, I put the air condition, you know, to the garage, and I don't want the cars inside, and I put the doggy over there. And somebody around, my neighbor, you know, they call to the Collier or something, or I don't know. Somebody come in and somebody see the garage. And I say -- and they say, no, you can't have the air condition, blah, blah, blah. And I say, okay. I take it out, the air condition, the installation. CHAIRMAN KAUFMAN: That's the only thing you did was put an air conditioner -- MS. PADILLA: Yeah. And the closets. I put the closets. My closets with all the stuff there. CHAIRMAN KAUFMAN: Okay. Hang on one second. Can you give me a quick summary of what was done originally? And the complaint came in from a neighbor or whatever? MR. NEGRA: Yes. It was a complaint that came into the office. Closets were erected into the garage area with partitions, and also an air conditioning system was ducted into the garage area. CHAIRMAN KAUFMAN: Okay. Was it being converted to November 18, 2022 Page 71 living space, do you think? MR. NEGRA: No. I don't believe so. CHAIRMAN KAUFMAN: Okay. So you put an air conditioner in, and they did ductwork to do that? MS. PADILLA: Yeah, yeah, and then they take it, and they take it out completely. CHAIRMAN KAUFMAN: Okay. MS. PADILLA: And submit for the permission, you know, for the closets be there. And they say I need this survey. I need the plan. I need everything. And I submit that. But, me, I think -- and I'm waiting for the answer. But they suppose me -- I go in August all the time there and maybe push or see what happened. And this is -- CHAIRMAN KAUFMAN: So -- MS. PADILLA: I don't know what I do. BOARD MEMBER CURLEY: Are closets illegal? MR. NEGRA: Yes. If I may clarify. We spoke earlier. I spoke with Ms. Padilla earlier and with my supervisor, Brad Holmes, who was involved in this case, too. Ms. Padilla had applied for a permit. The permit was rejected, okay, and it was never followed up on on her end, so there's no permit in place for this work. She has since now told us that she removed the air conditioning ducts that were in there and put a single unit for the garage, which would require another permit also, all right. So she's done some work, but she hasn't obtained the proper permits, and that's where we're at at this point. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: What's a single unit? Like, a window? MR. NEGRA: Like a stand-alone unit for one particular room. MS. PADILLA: It's a split something is made for the garage November 18, 2022 Page 72 when you use? CHAIRMAN KAUFMAN: Have they told you what you need to do to come into compliance? BOARD MEMBER CURLEY: She needs a survey. MS. PADILLA: You can repeat? CHAIRMAN KAUFMAN: What needs to be -- you have permits that are not up to speed. They're not legal permits that are covering the work that needs -- that was done or needs to be done; is that correct? MR. NEGRA: There are no permits in place at all; just applications submitted. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Is the company submitting them, or is she submitting them? MR. NEGRA: Ms. Padilla? MS. PADILLA: Me. BOARD MEMEBER BLANCO: Where's this property located? MR. NEGRA: It's 8233 Valiant Drive. BOARD MEMEBER BLANCO: What area is that? MR. NEGRA: What area? BOARD MEMEBER BLANCO: Yeah. MR. NEGRA: I'm not familiar -- it's going to be off of -- if I can remember, off of Davis, I believe. BOARD MEMEBER BLANCO: Davis Boulevard? MR. NEGRA: Yeah. BOARD MEMBER CURLEY: I feel like there's a -- CHAIRMAN KAUFMAN: Disconnect. BOARD MEMBER CURLEY: There's some -- this woman is needing some information and to be better informed on what happens when she doesn't comply with the timeline that we give her. November 18, 2022 Page 73 MR. NEGRA: Well, this case has been going on since March of 2021. BOARD MEMBER CURLEY: I mean, if the closets were illegal, you either get the survey, get the -- do everything they want, or you take the closets away. Same thing with the air conditioner. I mean, we have to always visit this topic. If you put something in without a permit and then the county says you can't, people spend years and years of time trying to make it legal when you should have done it legal from the first point on. I mean, it seems crazy that it's a closet, and now you've put another air conditioner in that is another violation. You have to have these items done under the rules of the county. So I feel like -- CHAIRMAN KAUFMAN: I think what this needs is a little handy work from Renald Paul. Jeff, do you agree with me? BOARD MEMBER CURLEY: She needs to hire a contractor. MR. LETOURNEAU: Well, I mean, what are -- what's the status of the closet permit at this point? MR. NEGRA: There is no permit. MR. LETOURNEAU: There is no permit. MR. NEGRA: There's an application that's submitted. MR. LETOURNEAU: So it's submitted at this point? MR. NEGRA: It was rejected on -- it was rejected in August. She was sent a letter for corrections by permitting. MR. LETOURNEAU: Okay. Ma'am, did you -- do you have a letter that shows the corrections? MS. PADILLA: Oh, yes, in August, and I do it, and I submit all these papers. MR. LETOURNEAU: Okay. MS. PADILLA: Yeah, the survey, whatever they say. And when they say about another air conditioner, they don't tell me I need November 18, 2022 Page 74 a permission for put the split. They say I need change the split for another, the split, and this is -- I change, because whatever it is over there, the closets, okay, the winter stuff for damage [sic]. That's it. MR. LETOURNEAU: Okay. At this point we will get her in touch with Renald, but just like Ms. Curley was saying, if you're going to do anything that you're building or installing, you probably should check with the county first if you need permission for that. CHAIRMAN KAUFMAN: Do you want to pull this case until she has a chance to meet with Renald so we can see where we are? MR. LETOURNEAU: I would rather -- MS. BUCHILLON: Bradley wants to speak. MR. HOLMES: If I might clarify. BOARD MEMEBER BLANCO: Danny's up next. Sorry. Go ahead, Terri. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. BOARD MEMEBER BLANCO: Question for the respondent. I just want to make sure -- ma'am, you're aware that so far you've accumulated 26-, over -- almost $27,000 in fines. Are you aware of that? MS. PADILLA: I don't have idea. BOARD MEMEBER BLANCO: Okay. You've had an open case for a very long time, and I do feel that there might be some type of language barrier -- correct me if I'm wrong -- but you do have a lot of fines accumulated, not necessarily that we're going to impose those fines. But you need to take steps to correct the situation you're in, because you're going to be accumulating, what is it, $150 per day every day that this case remains open. MS. PADILLA: I don't know what I do. I don't know. Yes, I November 18, 2022 Page 75 know. I never saw I owe you this money. CHAIRMAN KAUFMAN: So let's hear what the county has to say, and then we'll go from there. MR. HOLMES: For the record, Bradley Holmes, Collier County Code Enforcement. I was present at the last hearing where she got the continuance granted. And a point of clarification on that, her and I thoroughly reviewed through the case, and I was running into the same feelings where it seemed like there was a lack of direction or understanding. Clear direction was given to start working with Renald Paul closely to get things rectified so that we can get this permit issued and she can be on her way towards abatement. So following the direction given, things didn't occur. So I don't want it to be misconstrued that she wasn't given assistance by the county or we were [sic] trying to work with her and give her direction. There was some work that was put into it. CHAIRMAN KAUFMAN: Okay. Did you meet Renald Paul? MS. PADILLA: No -- yes, he's so nice. He is the guy show me I need a survey. I need this. Go inside, come back to me, bring me the papers. And this is when I submit all the papers. Mr. Paul say you need this, this, this, and I bring there. And now he say -- CHAIRMAN KAUFMAN: Okay. There seems to be a difference -- yeah. You're saying Renald Paul -- MR. HOLMES: Well, she has had contact with Renald Paul, she's describing. It's the follow-ups on her end that we -- I mean, we've given the advisement that she needs to keep up on it. It's not just to submit it and forget it and then we go on. You have to do your follow-ups, and I think that's where things started to fall to the wayside. CHAIRMAN KAUFMAN: Okay. November 18, 2022 Page 76 BOARD MEMBER CURLEY: What's the status of it? What's the -- CHAIRMAN KAUFMAN: There's no permits. BOARD MEMBER CURLEY: All the permits have been denied? There's nothing -- MR. HOLMES: She doesn't have any issued permit to correct any of the violation yet. BOARD MEMBER CURLEY: I don't understand. When it's been a year and a half, take the air conditioning unit out and get rid of the closets, and then you're done here. MS. PADILLA: I think that is the best. BOARD MEMBER CURLEY: It's a year and a half. MS. PADILLA: I know. BOARD MEMBER CURLEY: And $26,000 in fines because of the matter. So, I mean, I understand seeing Renald and him telling her all these things, but they're larger than life. They're -- I mean, I'm sure she submitted a survey that was old and a variety of other things that get hung up in this, and so she doesn't have any open permits because everything she submitted is incorrect. CHAIRMAN KAUFMAN: Okay. So we are here now. Do you have a suggestion, Jeff? MR. LETOURNEAU: I mean, I would say that the county is not adverse to a continuance at this point. I do feel there was some language issues. CHAIRMAN KAUFMAN: Okay. But a continuance, and we come back here 60 days from now and nothing's changed, is not going to be a help. So it's got to be some handholding or whatever that has to occur during the continuance piece. BOARD MEMEBER BLANCO: I'd like to proposal something, Mr. Behner [sic] -- CHAIRMAN KAUFMAN: Sure. November 18, 2022 Page 77 BOARD MEMEBER BLANCO: I'm sorry -- Mr. Chairman. I'll make a motion to continue the case till our March hearing but require the respondent to come back in our January hearing to update the Board on the status and to make it clear that you need to pay attention to that fine. You're accumulating $150 per day and that this -- you need to address this issue as soon as possible. BOARD MEMBER RUBENSTEIN: I have a question, Mr. Chairman. CHAIRMAN KAUFMAN: Yeah. Let me give one comment to Danny first. I think March is too long. It's just going to put more money there. There's no reason why this can't be ironed out for our January meeting. That gives her all of December to meet with Renald Paul and submit whatever needs to be submitted, et cetera. So that just -- BOARD MEMEBER BLANCO: I'll amend my motion to continue the case till our January hearing. CHAIRMAN KAUFMAN: Okay. Next. BOARD MEMBER RUBENSTEIN: I agree with the continuance. Are we allowed to reduce the per-day fine? CHAIRMAN KAUFMAN: No. BOARD MEMBER RUBENSTEIN: We're not? Okay. CHAIRMAN KAUFMAN: No. BOARD MEMBER CURLEY: I second. CHAIRMAN KAUFMAN: Okay. So we have a motion. We have a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? November 18, 2022 Page 78 (No response.) CHAIRMAN KAUFMAN: Okay. We have stopped everything until January. Between now and January -- the end of January is our next meeting -- you have to get those permits. I don't care where you get them from. Order them from Amazon, I don't care, but you have to have them; otherwise, we're in the same position that we are today, okay? So when Renald Paul tells you to do something, he's looking out for you. It's in your best interest to do it. And we'll see you in January, and we'll find out what progress you've made. MS. PADILLA: Okay. BOARD MEMEBER BLANCO: And just a point of clarification there as well. If she goes ahead and demolishes whatever she did there, does that require a demo permit because there's electrical components? CHAIRMAN KAUFMAN: Yes. BOARD MEMEBER BLANCO: So you cannot just go ahead and take everything out. You still need to go to the county and get a demolition permit. CHAIRMAN KAUFMAN: I think Renald Paul will point that out. Will you -- I hate to use the word handholding, but that's what it is. There seems to be a language problem, and that would be very helpful. MR. HOLMES: Yes, we'll ensure. CHAIRMAN KAUFMAN: Okay. We have a motion that's been seconded, voted on. We're done. Okay. Good luck. MS. PADILLA: Thank you. CHAIRMAN KAUFMAN: Have a good holiday, and we'll see you in January. MS. PADILLA: Okay. November 18, 2022 Page 79 BOARD MEMEBER BLANCO: I don't think she understood. MS. BUCHILLON: Next case, No. 6, CESD20210001545, First Property Yanza, LLC. THE COURT REPORTER: Do you swear or affirm you will translate everything from English into Spanish and Spanish into English to the best of your ability? MR. FERNANDEZ: 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. MARINO: Yes. MS. FERNANDEZ: Yes, I do. THE COURT REPORTER: Your name? MR. FERNANDEZ: Noel Fernandez. CHAIRMAN KAUFMAN: Could you say it again. MR. FERNANDEZ: Noel Fernandez. MS. FERNANDEZ: Mayrelis Fernandez. CHAIRMAN KAUFMAN: Okay. Joe. MR. MARINO: Joseph Marino, Collier County Code Enforcement. So past orders, on February 24th, 2022, 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, OR6102, Page 1020, for more information. The violation has not been abated as of November 18th, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from August 24th, 2022, to November 18th, 2022, 87 days, for a total fine amount of 8,700. Fines continue to accrue. Previously assessed operational costs of 59.28 have been paid. November 18, 2022 Page 80 Operational costs for today's hearing: 59.42. Total amount: $8,759.42. CHAIRMAN KAUFMAN: Okay. What I'm reading here is multiple buildings/structures including, but not limited to, chicken coops, carports, horse barn, fences, an aboveground pool and gate built without permits, and it's still in violation. So have permits been pulled, or what's the story here? MR. FERNANDEZ: They got taken down. The above-ground pool, the barn, the chicken coops, and the carports. CHAIRMAN KAUFMAN: So what is left? Let me go to Joe. What's left on this if those things have been taken down, or did they fail to get a demo permit for that? MR. MARINO: So I've just taken over this case. I have made contact with them this week. I went out there yesterday and visited the property. They have removed the horse barn. The fence now has a permit that is active that they are working on. They have plans to continue it. So that is in good standing. The above-ground pool has been removed, all right. One of the chicken coops has been removed, but while I was on site getting a better look on the property, there are some other issues that we still need to address with the chicken coops. There are some other issues along with the other multiple buildings and structures that are on the property that have to be addressed. They have removed a large portion of them, though, and I believe that there was maybe a misunderstanding originally from which ones were supposed to be removed and which ones were supposed to be permitted. So I am working with them on that. But they have removed a large portion of the items that were in the original violation. CHAIRMAN KAUFMAN: So there has been -- MR. MARINO: Progress. November 18, 2022 Page 81 CHAIRMAN KAUFMAN: -- significant progress that's being made, okay. Have you pointed out to them what needs to be done to come into compliance? MR. MARINO: Yes. Now that I am in contact with them, we've gone over what needs to be done, and we've reviewed it again today before coming up here, and we have a plan on what we need to do moving forward. CHAIRMAN KAUFMAN: And when does your plan end, the date? MR. MARINO: That I don't have -- I don't know. CHAIRMAN KAUFMAN: Thirty days, 60 days? MR. MARINO: Well, they need to get the permit. They've got to remove a few things. I think we could come back and revisit it in about 60 days and then come back to the Board and see where we're at, if that's okay. MR. WHITE: Point of order. I believe Mr. Letourneau would like to address the Board. MR. LETOURNEAU: Yeah. For the record, Jeff Letourneau, Collier County Code Enforcement. Due to the new information we're all just receiving here, the county would ask to withdraw this and bring it back at a later time, maybe at the 60-day mark at that point. CHAIRMAN KAUFMAN: It's your call. Okay. MR. WHITE: It's the Board's discretion to approve the withdrawal of the item from the agenda by amending the agenda. CHAIRMAN KAUFMAN: Okay. Get a motion to amend the agenda to show the removal of this case. BOARD MEMEBER BLANCO: I'll make a motion to amend the agenda approving the county's request to remove the case from today's hearing. November 18, 2022 Page 82 BOARD MEMBER RUIZ: I'll second that. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have chickens, too? MR. FERNANDEZ: Yeah. CHAIRMAN KAUFMAN: Where do they live now? MR. FERNANDEZ: Chicken coops. BOARD MEMBER RUIZ: Chicken soup, right? MR. WHITE: Mr. Chairman, I'd just note for the record Ms. Fernandez is the manager of the LLC. MR. LETOURNEAU: I'd like to also explain that -- right here -- that the fines are continuing to run. MR. FERNANDEZ: Yeah. MR. LETOURNEAU: The county's just withdrew it. We're not going to request the imposition at this time. Once you guys get everything taken care of and Joe signs off on it, we'll bring this back, and at that point you can ask the Board whatever you need to ask them. MR. FERNANDEZ: Okay, thank you. MS. FERNANDEZ: Thank you. MR. FERNANDEZ: Have a good holiday. CHAIRMAN KAUFMAN: Don't cook the chickens. Which brings us to... November 18, 2022 Page 83 MS. BUCHILLON: Which brings us to -- back up to public hearings, A, motions, No. 1, CESD20210012154, 4630 Gulfstream Drive, 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. MUCHA: I do. BOARD MEMBER RUBENSTEIN: Could you repeat that, Helen? CHAIRMAN KAUFMAN: Which case number is this? MS. BUCHILLON: Under extension of time. MR. WHITE: Number 1. CHAIRMAN KAUFMAN: Gulfstream Drive, LLC. MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. Okay. Hi, Joe. MR. MUCHA: Hello. CHAIRMAN KAUFMAN: Do you want to just go over this? Let the record show the respondent is not present and -- MR. MUCHA: Yes. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. So this request was made verbally back in September. I met with the two brothers that are the LLC, basically, and they said they knew they weren't going to make that January date so they wanted to ask for more time. Well, I spoke to one of the brothers yesterday, and he recently had an accident and was kind of laid up, so he wasn't going to be able to attend but he had told me his brother -- the one I spoke to was Michael, and he said his brother, Daniel, was going to appear today, and I'm surprised Daniel's not here. So I don't know what to say. I mean, from what I understand, they're kind of waiting to see -- there's a possible overlay that's going to be going into this area, and they're November 18, 2022 Page 84 kind of waiting to see the outcome of what happens with the overlay, because that might change their course of what they're going to do, because they want to put a restaurant at this location. And it all really will kind of hinge on if this overlay gets approved. If this overlay doesn't get approved, then I think they're just going to demo. So, I mean, they still -- CHAIRMAN KAUFMAN: They're still short of time that they have to reply, so they're asking for that time to be extended. MR. MUCHA: Yeah, but I was hoping they would be here to further explain that. So I don't know. What do we do at this point? I guess nothing, right? CHAIRMAN KAUFMAN: Well, did they just request it verbally, or did they -- MR. MUCHA: They requested verbally to me to come back, so I had set it up with our hearing staff to schedule it for November. CHAIRMAN KAUFMAN: Did they say how much of an extension? MR. MUCHA: They didn't. I have nothing. I was assuming they were going to be here to present their side. CHAIRMAN KAUFMAN: Do we have any idea when that overlay may or may not be coming out? MR. MUCHA: I think he said there's a meeting next week. But, you know, those things seem to take time. So I know -- I mean, I would think that they would probably be asking for six months beyond that January date, I would think. But, again, without them here to say it, I don't want to put words in their mouth. BOARD MEMEBER BLANCO: Does the county have any objection to that? MR. MUCHA: I wouldn't have any objection to it, but... CHAIRMAN KAUFMAN: So this is interior demolition? BOARD MEMBER CURLEY: Contractor Licensing. November 18, 2022 Page 85 MR. MUCHA: Correct. CHAIRMAN KAUFMAN: Yeah, it came from Contractors Licensing. MR. MUCHA: Correct. CHAIRMAN KAUFMAN: They had somebody doing it who wasn't licensed. MR. MUCHA: They bought the property after the fact whenever this demolition had taken place. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: So -- and what they're waiting for, to see if they can turn it into a restaurant, and they want to move forward and, you know, go through the permitting process. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: But if they can't do the restaurant there, then they'll just apply for the demo permit to come into compliance with what was already done. CHAIRMAN KAUFMAN: So this is a commercial property? MR. MUCHA: Yes, sir. It's the old Break Time pub. I don't know if you ever -- it's on the East Trail there. CHAIRMAN KAUFMAN: My wife doesn't let me go to pubs. BOARD MEMBER CURLEY: It seems like it would be so much simpler if they would just get the permit for the interior demo, and then they would be fine. If they want to put a restaurant in, they're going to have all this code case piling up on it. It doesn't sound like it's being managed the right -- MR. WHITE: Well, as is typical for the Board, even if they obtained a permit, per se, they still would have to go through inspections and get the CO or CC, so they'd still be out of compliance until they completed that. CHAIRMAN KAUFMAN: Well, I would think that maybe short of six months would -- we can have one or two of the brothers November 18, 2022 Page 86 show up and let us know what the status of the overlay is, et cetera, et cetera, and we can handle it at that time. So if someone would like to make a motion to grant maybe four months, and then we can cross that bridge when we get there. BOARD MEMEBER BLANCO: I'll make a motion to continue the case for four months. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER RUIZ: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? Aye. BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: Aye. BOARD MEMBER RUBENSTEIN: Is there no more discussion? CHAIRMAN KAUFMAN: Oh. BOARD MEMBER CURLEY: No. Just vote no. MR. WHITE: Just for Board's -- just for the Board's information, 120 days would be March 18. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: My comment is, nobody's here representing them, and we're going to kick the ball down the field another six months or four months, and I think they should have made some effort to appear today. And by granting another four months isn't solving the problem in a fairly good time. CHAIRMAN KAUFMAN: I don't disagree with you. They did make an effort by contacting Joe. That's the only reason I was in favor of granting them some time. BOARD MEMBER CURLEY: Well -- and then it's not different than what I said. They should fix this problem if they're going to have another problem. They're already, obviously, demoing it to do something, but... November 18, 2022 Page 87 CHAIRMAN KAUFMAN: We voted, right? BOARD MEMBER CURLEY: No. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER CURLEY: Opposed. CHAIRMAN KAUFMAN: Okay. One opposed. It passes. So four months. What did you -- give me the date. MR. WHITE: It's March 18th, but it would be the hearing thereafter. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: It's November, December. MR. WHITE: Hundred and twenty? Hundred and twenty's March. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: March 18th. Thank you. MR. LETOURNEAU: Are we going from January 24th or from today? MR. WHITE: From today. MR. LETOURNEAU: Oh, okay. All right. CHAIRMAN KAUFMAN: How we doing, Helen? MS. BUCHILLON: Good. And we're going back to old business, motion for imposition of fines, No. 8, CELU20220005097, Michael Ray Marolla. 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? November 18, 2022 Page 88 MR. MARINO: I do. CHAIRMAN KAUFMAN: Let the record show respondent is not present. Hi, Joe. Do you want to read this into the record for us? MR. MARINO: Yes. Joseph Marino, Collier County Code Enforcement. Past orders: On July 28th, 2022, the Code Enforcement Board issued of 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, OR6183, Page 3974, for more information. The violation has not been abated as of November 18th, 2022. Fines and costs to date are as follows: One, fines have accrued at a rate of $250 per day for the period from August 28th, 2022, to November 18th, 2022, total 83 days, for a total fine amount of $20,750; Two, fines have accrued at a rate of $250 per day for the period from August 28th, 2022, to November 18th, 2022, 83 days, for a total fine amount of $20,750. CHAIRMAN KAUFMAN: What's the difference between the two? They look identical. MR. MARINO: Yeah, they do look identical. I'm not too sure why that's on there twice, actually. MR. WHITE: I believe it would be an order that required two different forms of compliance. BOARD MEMBER CURLEY: One says there's people living in an RV, and the other one says there's garbage outside, so they're two different. MR. MARINO: Those are two different cases. The litter case is the second one. BOARD MEMEBER BLANCO: Is there a residential property November 18, 2022 Page 89 on this, or this is just an undeveloped lot? MR. MARINO: It's residential. BOARD MEMEBER BLANCO: Residential. MR. MARINO: Yes. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: All right. Well, no one's here, so I make a motion to grant the county's -- CHAIRMAN KAUFMAN: Impose the fine. BOARD MEMBER CURLEY: -- imposition of fines, including today's hearing costs, for a total of $41,618.70. BOARD MEMBER RUBENSTEIN: I second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any discussion on the motion? BOARD MEMEBER BLANCO: Just a quick question for the county. Is this a new -- a new construction property or -- MR. MARINO: No. This is an ongoing issue with this property. It's been for a while. There are multiple people living on the property. I made a site visit yesterday. It is a home. There are new RVs on the property, new people living. It's not been cleared at all. BOARD MEMEBER BLANCO: Has the county ever had any contact with any of the owners at all or no contact? MR. MARINO: Yes, I was contacted. The owner -- the owner of the property is deceased, and right now it is going through lis pendens/probate, yes. I've contacted the son, but this -- it's an ongoing issue with us and other departments with the county. BOARD MEMEBER BLANCO: Okay. BOARD MEMBER RUBENSTEIN: I think he appeared back then, the owner. CHAIRMAN KAUFMAN: What -- BOARD MEMBER CURLEY: This is not new. November 18, 2022 Page 90 CHAIRMAN KAUFMAN: What -- I was wondering if the police have been involved in this. MR. MARINO: Yes. CHAIRMAN KAUFMAN: And? MR. MARINO: I'm going to let -- MR. WHITE: Sworn? 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: You didn't want to come to a meeting and not say anything while you were here. MR. AMBACH: Of course. Chris Ambach, supervisor, Code Enforcement. Yes, the Sheriff's Department is involved. Major crime on this property. Ongoing investigation between the two departments that I'd prefer not to discuss at this moment. CHAIRMAN KAUFMAN: That's fine. MR. AMBACH: Okay. CHAIRMAN KAUFMAN: Okay. We have a motion to impose the fine. It's been seconded. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Joe. Thank you, Chris. MS. BUCHILLON: Next case, No. 9 CENA20220005404, November 18, 2022 Page 91 Michael Ray Marolla. 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. MARINO: I do. CHAIRMAN KAUFMAN: Let the record show respondent is not present. MR. MARINO: Joseph Marino, Collier County Code Enforcement. Past orders: On July 28th, 2022, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the reference ordinances and ordered to correct the violation. See the attached order of the Board, OR6185, PG3011, for more information. The violation has not been abated as of November 18th, 2022. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from August 28th, 2022, to November 18th, 2022, 83 days, for a total fine amount of $20,750. Fines continue to accrue. Previously assessed operational costs of 59.28 have not been paid. Operational costs for today's hearing: $59.28. Total amount: $20,868.56. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I make a motion to grant the county's imposition of fines including today's hearing costs of 59.28 for a total of $20,868.56. BOARD MEMEBER BLANCO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. November 18, 2022 Page 92 BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Is this another one where the police are involved? MR. MARINO: Yes. BOARD MEMBER CURLEY: Same address. MS. BUCHILLON: Last case, No. 10, CESD20220001044, Black River Rock, 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. ASARO: I do. Good afternoon. CHAIRMAN KAUFMAN: Good afternoon. Let the record show the respondent is not present. Okay. Would you like to read this into the record for us? MR. ASARO: Yes. Past order -- orders: On May 26th, 2022, 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, OR6141, Page 1018, for more information. The violation has not been abated as of November 18th, 2022. Fines and costs to date are as follows: Fines have accrued at the rate of $150 per day for the period from August 25th, 2022, to November 18th, 2022, 86 days, for a total fine amount of $12,900. Fines continue to crew. November 18, 2022 Page 93 Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing of $59.28. Total amount: 13,018.56. CHAIRMAN KAUFMAN: Have you been in contact with these people? MR. ASARO: No. They have not contacted me, or they have not contacted Brad Holmes. CHAIRMAN KAUFMAN: Okay. Let me have your motion. BOARD MEMBER CURLEY: Oh, motion to grant the county's imposition of fines including today's hearing costs of 59.28 for a total of $13,018.56. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMEBER BLANCO: Aye. BOARD MEMBER RUIZ: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. ASARO: Thank you. MR. WHITE: I would just note for the record there are no cases from the County Attorney requesting they be forwarded. CHAIRMAN KAUFMAN: For forwarding? MR. WHITE: So no action is required other than a motion to -- BOARD MEMBER RUBENSTEIN: Helen, I have a question. Excuse me. The cases that were withdrawn, when do they get November 18, 2022 Page 94 resurrected? CHAIRMAN KAUFMAN: That's up to the county. MR. LETOURNEAU: I'll answer that for you, Lee. Helen will send me a list of all the cases that are up for imposition. I'll go over every case, and if it looks like they're trying to come into compliance, I won't set it up for imposition. At the point that they are not coming into compliance, then I'll send it up for imposition. BOARD MEMBER CURLEY: I sort of had a question, too, about that, because we had three cases under one address. CHAIRMAN KAUFMAN: He was sick. MR. WHITE: COVID. BOARD MEMBER CURLEY: And the person's sick, but it involves livestock, animals, donkeys. Does -- when -- I mean, it's done illegally, so does Animal Control look at that to make sure that things get -- MR. LETOURNEAU: Well, it's a number of animals. That's why Code's involved. And at this point they were, I believe, in compliance. We were just looking for a finding of fact. MR. WHITE: Mr. Letourneau -- Mr. Letourneau, Board members, because it's a case that hopefully will be subsequently heard, I'd request that we not discuss any of the details. Certainly, the discussion about process isn't inappropriate, but there's a fine line between the two. CHAIRMAN KAUFMAN: Let me ask a question. MR. LETOURNEAU: Understood. CHAIRMAN KAUFMAN: Helen, do you have a case -- and I have an extra piece of paper laying here -- 191 Smallwood Drive in Chokoloskee. MS. BUCHILLON: What is it? BOARD MEMBER CURLEY: Withdrawn. November 18, 2022 Page 95 MR. WHITE: Was it withdrawn? CHAIRMAN KAUFMAN: Was it withdrawn? BOARD MEMBER RUBENSTEIN: Yeah, I saw that. BOARD MEMBER CURLEY: They don't tell us. MS. BUCHILLON: What's the name on it? BOARD MEMBER CURLEY: Valdez. BOARD MEMBER RUBENSTEIN: It's from Chokoloskee. MS. BUCHILLON: Valdez. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Yes, that was withdrawn. CHAIRMAN KAUFMAN: For reasons -- anything listed? MS. BUCHILLON: Hold on. Oh, it's right here. Compliance efforts. They withdrew it here. CHAIRMAN KAUFMAN: It's a case from 2019. BOARD MEMBER CURLEY: It's a tiki hut. Big deal. CHAIRMAN KAUFMAN: The fines are $118,000. MR. WHITE: Again, I'd caution the Board to avoid having a substantive conversation about it. It was withdrawn, as I understand, based on a request from staff. BOARD MEMBER CURLEY: I make a motion to adjourn the meeting. BOARD MEMEBER BLANCO: Second. CHAIRMAN KAUFMAN: Okay. Before we adjourn, everybody should have a safe holiday. I'll miss you all, except you. BOARD MEMEBER BLANCO: Oh, Mr. Chairman? MR. WHITE: Well, hopefully your aim will improve, Mr. Chairman. BOARD MEMEBER BLANCO: Mr. Chairman, today's Terri's birthday, so if we could all wish her a Happy Birthday. (Happy Birthday was sung in unison.) CHAIRMAN KAUFMAN: I hope that's all going to be in the November 18, 2022 Page 96 minutes, too. MR. LETOURNEAU: Old enough to drink now, right? BOARD MEMBER CURLEY: I'm not going to approve next month's minutes if that whole song -- CHAIRMAN KAUFMAN: And we want to wish Colleen the best. She's getting married next weekend. MR. WHITE: Congratulations. CHAIRMAN KAUFMAN: We've got lots of things going on. I heard Santa's coming soon. I mean -- BOARD MEMBER CURLEY: I gotta go. MS. BUCHILLON: Lots of good things. CHAIRMAN KAUFMAN: We are adjourned. ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :44 a.m. CODE ENFORCEMENT BOARD R R FMAN, CHAIRMAN These minutes approved by the Board on s ,2(,/ oz, 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.