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CEB Minutes 02/23/2023February 23, 2023 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida February 23, 2023 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 Vice Chair: John Fuentes Sue Curley Kathleen Elrod Lee Rubenstein Tarik N. Ayasun Danny Blanco (Excused) Zully Ruiz, (Excused) James York, (Excused) ALSO PRESENT: Helen Buchillon, Code Enforcement Joseph Mucha, Code Enforcement Supervisor Patrick White, Attorney to the Board February 23, 2023 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. 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 proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceeding is made which record includes the testimony and evidence upon which the appeal is to be based. And if that's not a run-on sentence, I don't know what is. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. So if you'll all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Which brings us to the approval of the minutes, which I just signed. Any questions about the minutes? (No response.) CHAIRMAN KAUFMAN: Hearing none, I'll take a motion from the Board to accept the minutes. MS. ELROD: Motion to accept. MR. AYASUN: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) February 23, 2023 Page 3 MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And let's do the roll call next, Helen. MS. BUCHILLON: Yes, sir. Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Mr. Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Mr. Danny Blanco is excused. Ms. Sue Curley? MS. CURLEY: Here. MS. BUCHILLON: Mr. John Fuentes? MR. FUENTES: Here. MS. BUCHILLON: Mr. Lee Rubenstein? MR. RUBENSTEIN: Here. MS. BUCHILLON: Mr. Tarik Ayasun? MR. AYASUN: Here. MS. BUCHILLON: Zully Ruiz is excused, and Mr. James York is excused. CHAIRMAN KAUFMAN: Okay. I wanted to congratulate Helen, who has been recently promoted; however, you're still sitting in that same seat. As long as they give you more money, that's what we care about. MS. BUCHILLON: Thank you, sir. CHAIRMAN KAUFMAN: So do we have any changes to the agenda? MS. BUCHILLON: Yes, we do. February 23, 2023 Page 4 CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: We have three stipulations. First under public hearings, No. 4, CELU20220010924, Fash Properties, LLC. Number 5, CELU20210003385, Fash Properties, LLC. And the next one is No. 1, CELU20220004568, Shirley Taylor, LLC. Those are the only stipulations. CHAIRMAN KAUFMAN: Okay. Do we have any withdrawns? MS. BUCHILLON: Yes, sir. Under public hearings, D hearings, No. 6, CESD20220006149, First CZ Real Estate, LLC, has been withdrawn, and will be rescheduled in the future. Number 7, CESD20220007414, Acres Leasing #1, LLC, has been withdrawn, due to compliance efforts. And next will be under imposition of fines, No. 11, CESD20190014019, Yunior Lopez Morell, has been withdrawn, due to compliance efforts. And those are all the changes for now. MS. ELROD: Motion to accept the exchanges to the agenda. MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second to accept the changes to the agenda. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. February 23, 2023 Page 5 Okay. Which one are we going to start off with, Helen? MS. BUCHILLON: We're going to start off with the motion for continuance, No. 1, CESD20210011051, Polly Ave., LLC. MS. KERINS: Good morning. Colleen Kerins, Assistant County Attorney. 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. KERINS: Yes. MR. YOVANOVICH: I do. MS. PULSE: I do. MS. KERINS: Mr. Yovanovich and I have come to some sort of what we think is an amicable resolution to deal with the protracted issues that have been going on on this property for a few years now. At this point, Mr. Yovanovich's client is willing to post a $175,000 bond. That would cover the amount of the accrued fines to this point if there was not compliance on this issue. That $175,000 bond would be in addition to us granting an extension of time for two years to allow the CO to actually be issued. That should be the amount of time that is reasonable to allow the permits to continue to move forward and the project to move forward. If there is an expiration of the permits on this project, Mr. Yovanovich's client will be back before the Board to address the problems, if needed. Hopefully that will appease the Board. Mr. Yovanovich can answer any further questions regarding any specifics. CHAIRMAN KAUFMAN: Good morning. MR. YOVANOVICH: Good morning. For the record, Rich Yovanovich. A few months back, I came to you and explained kind of where we are in trying to get the project completed. If you recall -- and I February 23, 2023 Page 6 could go to the visualizer and show you a picture of the site -- this is a project that started, it stopped because the contractor needed to be replaced, the Board gave my client 20 days to get a CO or tear everything down. There's roughly $2 million worth of improvements either in the ground or in building. So, obviously, tearing it down wasn't going to occur, and neither was finishing that in 20 days. They came back and asked for the fines to stop. You-all said no, try to get this done, and the fines will continue to accrue. Since then we've had Hurricane Ian, an exponential increase in construction costs. We've been actively working on trying to get the project either sold or completed. But, candidly, the contingent liability of the fines is a problem, because it's going to take two years to finish this project regardless. So two years from now, the fines, theoretically, could be a half a million dollars. It's very difficult to find a buyer for a property when they're staring at a contingent liability of a half a million dollars. My client has gotten the permits up. The property's being properly maintained. The residents aren't complaining. What we're asking you to do is we'll post a bond, if you were to collect the fines today, for the amount of $175,000. Give us a reasonable period of time to get the CO. If we don't get the CO by then, we'll be back in front of you, and you can start the fines again. But we've got to stop the fines from continuing to accrue if we're ever going to get this project, you know, completed and moving forward. So we've worked closely with Code Enforcement and county staff to come up with a reasonable -- what we think is a reasonable solution that works for everybody so we can keep moving forward in getting this project completed. I've got owner's representatives here if you have any questions. February 23, 2023 Page 7 But we are -- that's what we're asking for as a resolution of this matter. CHAIRMAN KAUFMAN: So, basically, you're asking for a two-year continuance? MR. YOVANOVICH: We're asking for you to move -- the order says we had to have a CO, basically, last May. We're asking you to give us -- to change it to say we have a -- stop the fines, and give us two years from today to get the CO is what we're asking for, and we will post a $175,000 bond. MS. KERINS: And it would be an extension of time because the fines would toll as of today. CHAIRMAN KAUFMAN: Right. So it's an extension, not a continuance. MR. YOVANOVICH: Right. CHAIRMAN KAUFMAN: Okay. Any comments or questions from the Board? MS. CURLEY: I have a question about the bond. MS. KERINS: Yes. MS. CURLEY: Is it in the corporation's name or the owner's name? And -- MS. KERINS: It would be in Polly Avenue, LLC, I believe, because that is the owner of the property for the violation. MR. YOVANOVICH: But the beneficiary of the bond -- I don't know if that's the term -- would be Collier County. MS. KERINS: Collier County, right. MR. RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: Sure. MR. RUBENSTEIN: Have we ever accepted a bond in lieu of a payment? CHAIRMAN KAUFMAN: Not that I can remember in the past 15 years, but that's fine, I guess, if the county negotiated that with the February 23, 2023 Page 8 respondent. MS. KERINS: Well, I think our underlying goal is compliance, and knowing the size of the project and the wording of that initial underlying order for the small time frame that the homeowner had to bring the property to CO, I think we have a unique situation that justifies having a unique response. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I don't disagree with you, but the reason that I believe those terms became so shortened was because of nonresponse. MR. YOVANOVICH: And I agree. The person who was running the project didn't show to the hearing, but immediately when my clients took over, if you recall, they came in and said, hey, we're in charge, please -- we're going to -- we're going to work hard at this, and we have been. So that's why we're asking for this arrangement. CHAIRMAN KAUFMAN: Patrick, do you have any comments on this? MR. WHITE: I do. And I've had conversations prior to today's hearing with Mr. Yovanovich multiple times, with Ms. Kerins, with Mr. Ossorio and others on staff, and I believe that the idea of the bond and the tolling of the fines to achieve the objective of compliance is wholly not only within your discretion but, from my perspective, a well-balanced solution that allows there to continue to be the potential for imposition of fines in the future and to assure that there's every opportunity for the respondents to be able to assure the county that within the reasonable time frame of 24 months there will be progress towards not only completing the construction, but obtaining the CO. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So my only other question was, if you put the bond in the name of the LLC if, by chance, this doesn't work, then February 23, 2023 Page 9 they turn it over again, the bond has a renewal, or does it have a personal guarantee? MR. YOVANOVICH: Well, a bonding company will post the bond, and it will be -- the way it typically works is annually it renews automatically. So it will always be there. If we default and don't follow through, you would then go -- the County Attorney would then go to the bonding company and get paid. CHAIRMAN KAUFMAN: And then you'd be before us again negotiating. MR. YOVANOVICH: I'm not coming back. MS. CURLEY: They won't hire you next time. MR. YOVANOVICH: I'm not coming back. MR. RUBENSTEIN: Exactly what's going to take two years to get completed? MR. YOVANOVICH: You have -- right now you have -- that's the entire project. You have some buildings that are partially complete, and then we have buildings that have yet to start. So we will be finishing the entirety of the project in those two years. UNIDENTIFIED FEMALE VOICE: Forty-eight units. MR. YOVANOVICH: Yeah, so a total of 48 units. I think there's 12 or -- how many? UNIDENTIFIED FEMALE VOICE: Forty-eight units, the clubhouse, and currently we have 16 units. MR. YOVANOVICH: Let me make sure I say it on the record. There's 16 units under construction, and the clubhouse is under construction. Those will get completed, and then the remaining 32 units that have yet to come out of the ground will also -- so you'll have a completed entire project. MR. RUBENSTEIN: Does the county agree it will take two years for this work? MR. WHITE: I believe that that's at least, from my experience, February 23, 2023 Page 10 Mr. Rubenstein, a reasonable period of time. MR. RUBENSTEIN: Okay. MR. WHITE: I think it's the right balance between working diligently and yet still allowing for a lot of the things that typically can happen in a complex project like this. I've looked at the aerials over the past couple of times we've been here from the Property Appraiser's, and we can tell that, you know, it's a relatively modest-sized project and that there is progress being made. MS. KERINS: I believe this violation was for three expired permits, if I'm recalling correctly -- MR. WHITE: Correct. MS. KERINS: -- but I defer to staff as to the time frame. MR. WHITE: Correct. MR. YOVANOVICH: And we have -- we immediately reinstated all of those permits, so the permits are active, and we're moving forward. MS. ELROD: I'd like to make a motion to accept the agreement. MS. CURLEY: Is this a stipulation? Is it a stipulation? MR. WHITE: No. CHAIRMAN KAUFMAN: This is a -- MS. ELROD: An agreement. MR. WHITE: A proffer of -- CHAIRMAN KAUFMAN: -- is an agreement for a -- not for a continuance but for a -- MS. ELROD: Extension. CHAIRMAN KAUFMAN: -- extension of time. That means that the fines will stop today, but the bond will cover any fines that would accrue between now and two years. MR. YOVANOVICH: No, it would cover -- MS. KERINS: Prior. February 23, 2023 Page 11 MR. YOVANOVICH: -- from the date we were late under your order to today. MS. ELROD: The existing fines. MR. YOVANOVICH: Yes. CHAIRMAN KAUFMAN: Right. Okay. So you want to accept -- MS. ELROD: The extension, correct. CHAIRMAN KAUFMAN: -- the extension request of the respondent? MS. ELROD: Correct. CHAIRMAN KAUFMAN: Any comments on the motion? MR. WHITE: If I may, Mr. Chairman. CHAIRMAN KAUFMAN: We need a second first. MR. WHITE: I'll wait for the second. MS. CURLEY: I'll second that. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: We have a second. Okay. MR. WHITE: What, in drafting the order, will be included, in a sense, is a recognition that we're modifying the prior order as well to the extent that it ordered the fines to continue. So I will craft that in a way that not only will staff have an opportunity to review before you sign it, but Mr. Yovanovich and Ms. Kerins as well. CHAIRMAN KAUFMAN: So you can do that voodoo that you do so well. MR. WHITE: Thank you, sir. CHAIRMAN KAUFMAN: Okay. So we have a motion and a second. All those in favor? MS. ELROD: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. February 23, 2023 Page 12 MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. RUBENSTEIN: Nay. MR. YOVANOVICH: Thank you. CHAIRMAN KAUFMAN: See you in two years. MR. YOVANOVICH: Not me. CHAIRMAN KAUFMAN: Maybe. UNIDENTIFIED FEMALE VOICE: We'll invite you to the grand opening. MR. WHITE: Mr. Rubenstein, you were a nay? MR. RUBENSTEIN: Yes, sir. MR. WHITE: Thank you. MS. BUCHILLON: Next case, we're going to go a little bit back into the imposition of fines. MR. WHITE: Before we do that, Helen, would staff agree that we should amend the agenda to withdraw -- MS. BUCHILLON: The imposition. MR. WHITE: -- Roman VI.B.1 for -- CHAIRMAN KAUFMAN: Get a motion. MR. WHITE: -- the imposition on Polly? CHAIRMAN KAUFMAN: Get a motion from the Board to modify -- MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and second. MS. ELROD: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. February 23, 2023 Page 13 CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. WHITE: Sorry to interrupt. CHAIRMAN KAUFMAN: Now, which case are we going to, Helen. MS. BUCHILLON: Number 15. CHAIRMAN KAUFMAN: Lowe's. MS. BUCHILLON: Yes, sir. CELU20220004457, Lowe's Home Centers, Inc. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us. MR. LEVY: My name is Terrence Levy. I'm an attorney with Vernis & Bowling on behalf of Lowe's. Good morning. CHAIRMAN KAUFMAN: Okay. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUCHA: I do. MR. LEVY: (No verbal response.) CHAIRMAN KAUFMAN: You did, too. MR. MUCHA: I do, too. CHAIRMAN KAUFMAN: Okay. Why don't we -- I remember this case from -- it's got to be two months ago or so. MR. FUENTES: Nobody showed up. CHAIRMAN KAUFMAN: Right, nobody from -- the respondent did not show up, so we're -- MR. LEVY: Could I address some of those issues? February 23, 2023 Page 14 CHAIRMAN KAUFMAN: Sure. MR. LEVY: I'm sorry. CHAIRMAN KAUFMAN: Do you want to do that now, or do we let the county go first? Joe, your choice. MR. LEVY: My suggestion, in having spoken to Mr. Mucha -- and I appreciate his input and assistance with respect to this -- we had come into this with the idea that we would request a continuance so that we could get the Site Development Plan amended, which I understand to be the real issue here. I did contact the Board. I think we were scheduled originally for January. I had a trial conflict on that date, which is the last time that I know of, at least, that this was scheduled for hearing. At this point, I do understand that there is the outstanding order from last July that needs to be addressed. Specifically, in talking to Mr. Mucha, there is the administrative charge that needs to be addressed immediately. I will have that done today. MR. WHITE: The operational costs. MR. LEVY: The operational costs, yes, thank you. That I don't see there being an issue. I understand that there was an initial fine of $5,000 imposed at the time that has also not been paid. I'm going to get that paid as soon as humanly possible. I would suggest two weeks to get that done. Just, I don't carry that on me. But -- and then the balance of it -- Lowe's has been working with both the community and its own people to try to get this situation resolved to the port's [sic] satisfaction. The manner of that has been to attempt to put product as well as any refuse within discrete, disclosed, or closed-off areas on the property. I think due to some confusion with respect to Lowe's, there was not actually -- the site plan hadn't been altered to address those things. They exist on site, which keeps the material that is the February 23, 2023 Page 15 principal concern contained, but it does need to get proper approval through the county, and that's the step we want to take to make sure that that's resolved. The other thing Lowe's has been doing is working with the homeowners association. If you're familiar with the property, there is an access road to the homeowners association directly behind the store, and they have been working directly with those folks to see what else it is that needs to be done to satisfy them with respect to their access and egress or whatever. So that is -- both of those things are ongoing. The application for the development plan amendment has not occurred, but that's my next stop after I leave here this morning, so that application should be done forthwith. It's not a delaying tactic. The only real reason I'm asking for six months is, based on my conversation with Mr. Mucha, that's probably how long it will take to get it done. CHAIRMAN KAUFMAN: Okay. So as I recall this case, the initial PUD required so many parking spaces. A lot of the parking spaces were filled up with product from Lowe's, and that's what the original case was, and that was dictated by the PUD. And what you're attempting to do is to modify the PUD to change that so that you're in compliance. Is that kind of a quick summary? MR. LEVY: That's the nutshell, yes. CHAIRMAN KAUFMAN: Okay. So you're asking right now for a six month's continuance. MR. LEVY: Yes, sir. CHAIRMAN KAUFMAN: Okay. Joe, do I have this more or less stated? MR. MUCHA: Yes, sir. For the record, Joe Mucha, supervisor with Collier County Code Enforcement. I think six months would be a good start to get this amendment going. CHAIRMAN KAUFMAN: Okay. And if it's not done in six February 23, 2023 Page 16 months, the parties will be back? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. Questions from the Board? MR. WHITE: Just in terms of the form of the motion, if I may, Mr. Chairman. Would staff agree that paying the operational costs as well as the civil penalty within two weeks is appropriate? MR. MUCHA: Yes, sir. MR. WHITE: Just for -- CHAIRMAN KAUFMAN: Let me ask the respondent. Is two weeks reasonable to you? MR. LEVY: I believe so. We should be able to get it done by then. The costs, like I said, should be done today. MS. CURLEY: Well, it's not two weeks. It's six months. The fine was imposed August 7th of 2022. MR. FUENTES: No, he's saying the payment will be made in two weeks. MS. CURLEY: No, I know. But it's been six months, so he has six months and two weeks. MR. LEVY: Okay. Going from the original. MR. WHITE: From today's order, just so all the Board members are clear, the order will indicate that they have two weeks to pay it, and the penalty would be any of the typical things we would do with regards to filing a notice, et cetera. CHAIRMAN KAUFMAN: Okay. Any other comments from the Board? MS. CURLEY: I just have a question about the community behind them. MR. MUCHA: Yes, ma'am. MS. CURLEY: So the gentleman stated that they're working directly with the homeowners association. Can you expand on that? I mean, that's pretty broad. February 23, 2023 Page 17 MR. MUCHA: I mean, that's the first I've heard of them working together. But, I mean, this is where the bulk of the complaints have come from is the community behind them. MS. CURLEY: Sure. And I'm sure the complaints -- we finally got to hear this case in July of last summer. I'm sure the complaints from that community has been ongoing for probably a year or two. MR. MUCHA: I was explaining to this gentleman, these actually have been going on since 2015. So I think this site plan amendment would cure everything. They can get everything in a proper area to store legally, and that will, I think, get rid of this. CHAIRMAN KAUFMAN: We'll be able to park. MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Cool. Okay. MR. LEVY: If I may just throw in two other little bits of information. The first I should have given you initially, Kimberly Besse, who is the store manager of the Lowe's in question, is actually presently with me here today, just so that you know it's not just me. They didn't just send a guy here. MR. WHITE: And I appreciate that, Mr. Levy. Could we get the spelling of her last name, please. MR. LEVY: B-e-s-s-e. MR. WHITE: Thank you. MR. LEVY: And Ms. Besse did provide me with an email from the -- I understand it to be the president. MS. BESSE: The president of the HOA. MR. LEVY: The president of the HOA advising as of last Saturday that the area's looking better, appreciating the efforts of the store, and providing some additional suggestions with respect to things like the trailers and sod pallets and things of that nature. So they are working together. February 23, 2023 Page 18 CHAIRMAN KAUFMAN: Okay. MR. WHITE: Do you care to put the gentleman's name and the name of the association on the record, Mr. Levy? MR. LEVY: The gentleman's name is Drew Krimski, K-r-i-m-s-k-i. I don't honestly know the HOA. Do you know the name? MS. BESSE: I don't know the name of the HOA, no. MR. WHITE: I'll be able to determine that. MS. BESSE: Eagle Creek is the name of the community. MR. MUCHA: Eagle Creek. MR. WHITE: I'll be able to determine that from the public record, Mr. Chairman. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: Okay, Lee. MR. RUBENSTEIN: Do we have this problem with other big box stores in the county? MR. MUCHA: Yes, sir. MR. RUBENSTEIN: Home Depot. MR. MUCHA: Yes. MR. RUBENSTEIN: Other Lowe's? Grocery stores? MR. MUCHA: I don't know so much about grocery stores, but we've had issues with Home Depot and the other Lowe's, yes, sir. CHAIRMAN KAUFMAN: Okay. I don't want to confuse the issue. This is the case that's here, so let's just resolve this one. MR. WHITE: And to be a bit responsive, because I know this was the Board's concern in the prior hearing -- CHAIRMAN KAUFMAN: Right. MR. WHITE: -- my belief is that this, as staff has agreed, is appropriate I think is also appropriate as a general rule for those other instances and can serve kind of as a template or a model perhaps for February 23, 2023 Page 19 others to follow to avoid being in the circumstances Lowe's finds themselves today. So hopefully it will create a path so that the Board isn't required to hear more cases similar to this. MR. LEVY: And I can concur in that on behalf of Lowe's. I do have at least one other case that I'm going to also be addressing with respect to the site planning and make sure that's addressed. CHAIRMAN KAUFMAN: As Ted Kennedy said, we'll cross that bridge when we get there. MR. LEVY: Yes. MS. ELROD: I'll make a motion to accept the agreement between the county. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck. MR. LEVY: Thank you very much. Have a great day. MS. BESSE: Thank you. MS. BUCHILLON: Next case, still under motion for imposition of fines, No. 8, CESD20200012115, Bloodmoney R/E February 23, 2023 Page 20 Holdings, 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. JOHNSON: I do. MR. LOMBARDO: Yes. MR. NELSON: Yes. CHAIRMAN KAUFMAN: Give me a minute to go through the rest of these. It's always the last paper I look at. Okay. John, do you want to read this into the record for us? MR. JOHNSON: Yes. For the record, John Johnson, Collier County Code Enforcement. Past orders of the Board, on March 24th, 2022, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6112, PG2347, for more information. The violation has been abated as of January 20th, 2023. Fines have accrued at a rate of $200 per day for the period from September 21st, 2022, to January 20th, 2023, 122 days, for a total fine amount of $24,400. Previously assessed operational costs of $59.21 have been paid. Operational costs for today's hearing are $59.35. Total amount: $24,459.35. The gravity of this violation -- actually, there is no gravity. It's nonexistent. The violation has been abated. Letter B, any actions taken by violator to correct. I can say exhaustive -- I have SDP -- it's actually SIP, Site Improvement Plan, submittals and eventual approval have been done. Permits also issued and approved, including a Manatee Protection Plan, which was something new to me that they had to submit and get approved, February 23, 2023 Page 21 which they did. Item C, any previous violations committed by the respondent/violator, no, no SD cases. And any other relevant factors, I have none, but Zach may have some. CHAIRMAN KAUFMAN: Okay. We were just also handed a motion from mitigation of fines. I'm assuming that you are, in writing, asking for the fines to be abated? MR. LOMBARDO: Yes, and I'm here to supplement with argument, testimony, and evidence. CHAIRMAN KAUFMAN: Okay. So why don't you give us your comments on this, and we can go from there. MR. LOMBARDO: Thank you very much. For the record, Zach Lombardo, here on behalf of Bloodmoney R/E Holdings. We were last talking about this issue six months ago -- actually 10 months ago -- when we agreed to six months to complete the project, and we almost nailed this; however, eight days after the site plan approval, the hurricane made landfall. And I'm going to explain why, specifically, that matters here, and then I'll come back to the site plan process, because I believe there are two reasons -- primary reasons to mitigate. One is the volume of effort made to get in compliance and the other is these other relevant factors which are circumstances outside of the client's control. This was an unpermitted series of boat docks. To get the permit, the Site Improvement Plan had to be created. This is the marina -- if you're standing at Celebration Food Truck Park and looking across the canal, there's a marina right there. The marina's been there since the 1950s. It did not have a Site Development Plan. This isn't like a big box store like a Lowe's where they always have a Site Development Plan. This was a Herculean effort to get what's called a Site Improvement Plan. To get that, you have to bring the site, essentially, into substantial conformity across the entire site. February 23, 2023 Page 22 One of the major issues was parking. In the 1950s, there were not nearly the parking requirements that there are now, so a significant amount of rearranging the site had to be done. The back and forth with the county on the Site Improvement Plan did take a substantial amount of time, and when we came before you last 10 months ago we had received a series of review comment letters, and we were responding to what ended up being the final review comment letter. As part of this we had to get a Manatee Protection Plan approval because, since the marina was built, the county entered into a Manatee Protection Plan ordinance, and we had to engage engineers, landscape architects, marine consultants, and invest a significant amount of money. We got the Site Improvement Plan approval on September 26th, 2022, that's site plan PL20210000148, and then we could get the permits. You cannot apply for the permits without the Site Improvement Plan, because they were already built, what we expected to happen. And the reason why we were keen to agree to the six months was we would call in the inspection, clear the docks, and move on, but the hurricane actually destroyed the docks. So we couldn't call in the inspection because the electronics on the boatlift were destroyed, and they had to be ordered. Mr. Nelson is here to confirm that it took months to get the electronic components. We could not pass the electrical inspection. As soon as we were able to do so, the permits were closed, which was January. So we missed the compliance deadline by four months, but the bulk of that was waiting for electrical components so that we could close the inspections. And then the point prior to that was working through the SIP, the Manatee Protection Plan. And I included or -- if you are familiar February 23, 2023 Page 23 with the site planning process in 10.02.03, we have to go through a lot. It's landscaping. It's parking. It's building location. And then in addition to these docks being destroyed, the actual office that the client uses was destroyed in the hurricane. They still are working with insurance before coming back to you all for permits to rebuild it, and it's not on the site. So we believe that there's a good-faith basis under 2, under 4 to completely mitigate the fines. And I'm here for questions. We have photographs of the docks after the hurricane, if that will be helpful, and I defer to your questions. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? MS. ELROD: I'll make motion to accept. MR. FUENTES: Second. CHAIRMAN KAUFMAN: To accept? MS. ELROD: The -- MR. WHITE: Motion to deny the county -- MS. ELROD: The county the imposition of fines. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Deny the county's imposition of -- MS. ELROD: Impositions of fines, yes. CHAIRMAN KAUFMAN: Okay. And you second that, John? MR. FUENTES: Second. CHAIRMAN KAUFMAN: Okay. Any questions on the motion? MS. CURLEY: No. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. February 23, 2023 Page 24 CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. FUENTES: You know, John, I think you have the highest success rate for compliance. I don't care what the Code Enforcement Board or anybody else says about you, you're a good guy, okay? MR. JOHNSON: Thank you, sir. MR. LOMBARDO: Thank you very much. MS. CURLEY: Good luck with your marina. MR. JOHNSON: Thank you. MS. BUCHILLON: We are back to the beginning of the agenda. Under public hearings, motion for extension of time, No. 2, CESD20220001740, Vanessa Alvarado. 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. MS. ALVARADO: (No verbal response.) CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us, please. MS. ALVARADO: My name's Vanessa Alvarado. CHAIRMAN KAUFMAN: You can move it closer so we can hear you. There you go. MS. ALVARADO: My name's Vanessa Alvarado. MR. NEGRA: John Negra, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay, John. Do you want to give us a quick summary of this? February 23, 2023 Page 25 MR. NEGRA: Past orders: On August 25th, 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, OR6175, PG2673, for more information. The violation's not been abated as of -- THE COURT REPORTER: I'm sorry. I can't understand you. MR. NEGRA: Excuse me, Board. I'm sorry. Ms. Alvarado is here for an extension of time based upon her applying -- attempting to apply for the permits and obtain the proper permits to permit the rear property that has been -- where a lanai has been built. CHAIRMAN KAUFMAN: Okay. Is this a case that is up for imposition of fines today? MR. NEGRA: Yes, it is. CHAIRMAN KAUFMAN: Okay. Just so -- put everybody on the right -- MR. NEGRA: I apologize. CHAIRMAN KAUFMAN: So the respondent is going to give us her reason for requesting an extension of time. MR. NEGRA: Correct. CHAIRMAN KAUFMAN: Vanessa, if you would. MS. ALVARADO: All right. Well, I go to school and work right away. Right after I go to school, it's early in the morning, and I go straight to work. And I tried to email the corrections or whoever I need to contact to get the permit issued; however, the only time I'm available is late at night when I'm done after work. And it's usually around, like, 10:00, and I know I'm not going to get a quick response because everybody's at home doing their own thing, and they're not in the office. But I do email them either way trying to get the next day to February 23, 2023 Page 26 see if I can get a response; however, some of the correctional officers do not -- not officers -- the correction folk do not respond to me. I've had it done before with one particular person; however, he did help me with the last permit I had, which was for the windows, and I had to see him in person in order to get the information he needed from me. And in order for it to be done, he's, again, another one of the corrections for the lanai, I believe, and I'd have to go see him again. And, again, I go to school and work, so I really don't have much time on my hand to get the stuff done. But as you can see, I've done permits previously, and I've done it complete, and I'm willing to work with you guys; it's just I don't have much time on my hand. CHAIRMAN KAUFMAN: Let me go over this, because I'm a little confused. MS. ALVARADO: Yes. CHAIRMAN KAUFMAN: There are two sheds on the property? MS. ALVARADO: Yes. CHAIRMAN KAUFMAN: They still there? MS. ALVARADO: Yes, but I moved them to the setback measurements. CHAIRMAN KAUFMAN: Okay. So you think those are in compliance now, the two sheds? MS. ALVARADO: The two sheds, yes. I just need some paperwork for it to get the permits. CHAIRMAN KAUFMAN: So if you still need some paperwork, then they're probably not in compliance. MS. ALVARADO: Okay. CHAIRMAN KAUFMAN: Is that correct, John? MR. NEGRA: Right. CHAIRMAN KAUFMAN: Okay. So that's A. B, the lanai February 23, 2023 Page 27 was constructed without a permit? MS. ALVARADO: Yes, sir. CHAIRMAN KAUFMAN: Okay. And no permit was applied for? MS. ALVARADO: No. At the time -- I didn't know, like, permits at the time; however, once I got, you know, to the county and asked for, like, the shingles, which was my first permit, they told me, like, eventually anything I do to the house or anything on the property, I would require a permit. MR. FUENTES: Who built these things? Who put the shed in place? MS. ALVARADO: It was my uncle's. MR. FUENTES: Your uncle's? MS. ALVARADO: Uh-huh. CHAIRMAN KAUFMAN: Is he a licensed contractor? MS. ALVARADO: No, sir. CHAIRMAN KAUFMAN: That's why you have no permits. Unless you got them, because -- MS. ALVARADO: It's going to be done by owner/builder. CHAIRMAN KAUFMAN: Okay. So that's where we stand right now. So you're unable, because of your time constraint, to get permits? MS. ALVARADO: Uh-huh, yes, sir. CHAIRMAN KAUFMAN: So what is going to change? MS. ALVARADO: As of now, I do have the corrections, some of them completed. Again, there's, like, one or two I need left for each permit to get submitted for review again and -- sorry. And I don't know how long it's going to take, but I'm -- after the hearing, I'm willing to go over and, you know, get the last couple papers done and submitted. CHAIRMAN KAUFMAN: Okay. Let me go on timing. February 23, 2023 Page 28 This was initially reported when, John? MR. NEGRA: The date of this was -- that it started -- sorry. I don't have that right here. This case -- I took over this case from another investigator. If you give me one second, I can get you that date. MS. CURLEY: The stipulation was signed in August of '22. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: So we're coming close to a year now? MR. NEGRA: If you give me one second, I'll get you the original date on that. CHAIRMAN KAUFMAN: So from August -- MR. NEGRA: Well, this was August 25th that the Code Enforcement Board had a finding of fact. CHAIRMAN KAUFMAN: Right. And the respondent was found in violation. MR. NEGRA: Correct. CHAIRMAN KAUFMAN: And the Board granted X amount of time to resolve this. MR. NEGRA: Correct. CHAIRMAN KAUFMAN: And that amount of time was? MR. NEGRA: That I cannot tell you from the paperwork I have. If you give me one second, I can find out. MS. BUCHILLON: December 23rd, 2022. CHAIRMAN KAUFMAN: Okay. MR. NELSON: Thank you, Helen. CHAIRMAN KAUFMAN: So basically we're about -- coming on two months past due. MR. NEGRA: Correct. CHAIRMAN KAUFMAN: Okay. So you're asking for us to grant you, from what I understand, an extension or continuance to give you more time to get the permits. February 23, 2023 Page 29 MS. ALVARADO: Yes, sir. CHAIRMAN KAUFMAN: Okay. I think that's what this all comes down to. And how much time -- understanding that if you don't meet that time, we're going to start to request the fine. MS. ALVARADO: Yes, sir. CHAIRMAN KAUFMAN: So give me an idea of what you're looking for as far as that. MS. ALVARADO: So I went to some of the supplies that are required for the lanai. The sheds are already done and made which has no problem. It's just the paperwork. CHAIRMAN KAUFMAN: Hold on. Nothing's done until the paperwork's done, so just understand that, okay? MS. ALVARADO: Okay. And I went to get the estimate time for the windows, and they say ever since, you know, Hurricane Ian, it's going to take 10 to 12 weeks to get the windows. And I'm trying to match it to the ones that I replaced already for the house to match it all. It's going to be what the paperwork -- I'm asking for at least two years if, by chance, I can. CHAIRMAN KAUFMAN: I can guarantee you you're not going to get two years. I haven't talked to the Board, but they're going to do 48 condo units in two years. So for you to get windows and need two years seems to be stretching it a little bit. MS. ALVARADO: Okay. Well, whatever latest I can get, I really appreciate it. CHAIRMAN KAUFMAN: Well, I'm looking to you to come up with a time frame that is reasonable. MS. CURLEY: So I have a question about the hurricane windows. You got the statement -- invoice or estimate or bid from a window company? MS. ALVARADO: Yes, ma'am. MS. CURLEY: So were you going to fix this patio as an February 23, 2023 Page 30 owner/builder? MS. ALVARADO: Yes, ma'am. MS. CURLEY: Because I don't think you can put those windows in as an owner/builder. MS. ALVARADO: The CGI windows. MS. CURLEY: Do you know that? MS. ALVARADO: No, ma'am. So what -- I couldn't put any windows on the lanai? MS. CURLEY: I think the point of my question is that there's a lot more to it than you might be currently aware of, and it's in -- it's helpful now for you to know that we're not probably going to give you two years, just as a summary of a Board, but the best thing you want to do is sort of get out of here. MR. FUENTES: The problem is she wants particular windows to match the house. Those windows are on back order, and it's going to prolong the case. MS. CURLEY: Well, the lanai was a lanai before. So you can take the lanai back to what it looked like before and then follow the rules where you won't be here paying fines later. CHAIRMAN KAUFMAN: I think what you need to start out with is a building permit. Are you going to do the work yourself, or are you going to give it to a contractor? MS. ALVARADO: I'm to do the work myself. CHAIRMAN KAUFMAN: So that you're going to pull the permit? MS. ALVARADO: Yes. CHAIRMAN KAUFMAN: Okay. So that's the first thing you need. And once you have a permit, this order is going to require you to finish that permit until you get a CO, certificate of occupancy; in other words, when the job is done. MS. ALVARADO: Okay. February 23, 2023 Page 31 CHAIRMAN KAUFMAN: That's the lanai. I don't know what to tell you as far as how much time you need. If you would have come before the Board and said, well, we think we can get whatever parts we need to do the job, pull the permit, and get everything done in two months or three months, I think that we could come to an agreement. MS. ALVARADO: Okay. CHAIRMAN KAUFMAN: But not two years. MS. ALVARADO: Okay. So -- MR. WHITE: I'm not sure if it would be helpful for the Board, but I have a copy of an email from December 2nd that basically was the foundation of the request for the extension, which certainly sounds more like a continuance. But in either event, if we could have some testimony as to the substance of where you are in the process with the architect and the engineer that was in the email, I think that would be helpful for the Board to know. MS. ALVARADO: Well, I do have the documents made from the architect. They do ask for a little bit more detail on the evaluation of the floor. It does include with it, and I did print and submit; however, my printer's old, and it kind of blurred it out. So I bought a new one. And even if I bought a new one, I'm willing to upload it online on the portal for a better viewing for them, because a majority of the corrections are for a re-upload of it. CHAIRMAN KAUFMAN: Okay. I personally am in favor of giving you additional time to get this thing going, a reasonable amount of time. And I'd like to know from the Board how they feel on that. Lee? MR. FUENTES: I think that we're dealing with an unpermitted structure, and I'm getting hit with a little different -- time and school. For me, reasonable might be, tops, 60 days. February 23, 2023 Page 32 MS. CURLEY: I agree. Somebody's -- I mean, that situation that she's explained, that you have school and you're busy and doing all these things, but you had time to produce an addition on the back of your house by somebody that's obviously educated enough to do it but not woefully enough to go and do it right. So I don't like to -- I don't like the "beg for forgiveness, ask for permission" sort of behavior that we're seeing. I think the sheds is an easy fix, and I think that would put you in compliance in 60 days. I think anything else that's happening at that home is a danger, and there's no inspections and there's footer issues and there's electrical and roofing issues that we don't know about. And I find it to be inappropriate for -- MR. FUENTES: That was going to be my next question, whether or not these sheds have power in them. MS. ALVARADO: No, they're just for storage. MR. FUENTES: And how about the lanai? MS. ALVARADO: The lanai is -- the only power that it has, it's already been -- when it was originally a lanai, it already had an outlet on it, and that's the only one we've been using. CHAIRMAN KAUFMAN: Okay. John? MR. NEGRA: Yes. CHAIRMAN KAUFMAN: On the sheds, is the only reason that they were part of this order is that they were in the right-of-way? MR. NEGRA: They weren't permitted to begin with. They had no permit. CHAIRMAN KAUFMAN: So they have no permit. So no matter where you put them, they're still not permitted. MR. NEGRA: Correct. CHAIRMAN KAUFMAN: So that's another concern that we have, the sheds are not, just because you moved them, in compliance. You need a permit for those also. February 23, 2023 Page 33 MS. ALVARADO: Yes. And I'm willing to get it as well. CHAIRMAN KAUFMAN: Oh, okay. Well, Lee, you had a question? MR. RUBENSTEIN: I have a lot of questions -- CHAIRMAN KAUFMAN: Shoot. MR. RUBENSTEIN: -- but I'll ask just one. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: Have you ever done a home improvement job before where you had to go through the permit process and pull permits and inspections? MS. ALVARADO: Yes, I have. I've done permits previously, and I've done inspections as well being right there next to them as they did their inspection, whether it was the pass or fail, but I did have -- I did done those. MR. RUBENSTEIN: Okay. I'd like to make a motion. CHAIRMAN KAUFMAN: Go ahead. MR. RUBENSTEIN: To allow the respondent 90 days' extension to come into compliance and it be completed and inspected and CO'ed. CHAIRMAN KAUFMAN: Do you want it as an extension or a continuance? MR. WHITE: I believe it has to be a continuance because there is an order finding violation. MR. RUBENSTEIN: Continuance. With -- all fines will continue. CHAIRMAN KAUFMAN: Yeah, that's a continuance. Okay. MR. RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: So we have a motion. Do we have a second? MR. AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. February 23, 2023 Page 34 MS. ELROD: I have a question. CHAIRMAN KAUFMAN: Sure. MS. ELROD: Last time's operational costs have not been paid. MR. FUENTES: I just want to run it by the Board real quick, please keep in mind this is currently a living -- there's individuals living in this structure that is unpermitted, which is usually what the code board considers as a safety issue. So I want to put that out there before we make this call, that you guys take into consideration that this is not a rental property. This is a living structure. Somebody's living within it. It is unpermitted. We don't know the extent of it. CHAIRMAN KAUFMAN: Is the lanai what is the only part of it that's not permitted or the whole structure? MR. FUENTES: Just the lanai. CHAIRMAN KAUFMAN: Okay. Are there people living in the lanai? MS. ALVARADO: There's no one living in the lanai. I purposely just made it for my siblings to play, like a video game room for their toys. CHAIRMAN KAUFMAN: Okay. Your comment again? MS. ELROD: The last operational costs have not been paid. CHAIRMAN KAUFMAN: Your operational costs from the last hearing have not been paid. Typically, we don't give you any time if the operational costs are not paid. MS. ALVARADO: I thought I did pay it. I paid it last night. Was it the 59? CHAIRMAN KAUFMAN: Last night? MS. ALVARADO: Yes, sir. MS. ELROD: Okay. MR. NEGRA: They have been paid. Oh, okay. February 23, 2023 Page 35 MS. CURLEY: So also, I'd just like to remind my fellow board members that we are here for an imposition of fines. MR. WHITE: That's also an item on your agenda. It's not before the Board at this moment. CHAIRMAN KAUFMAN: Right. This is -- what we're hearing now is the motion for an extension of time. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: Okay. So we have a motion, and we have a second. Any other comments from the Board? MS. CURLEY: I just think giving even 30 days is just a setup for failure. So I understand, Lee, and your 90 days, I get it. John, you know, mentioned 60 days. I think there's -- I think 60, 90, it's not going to matter. It's not -- there's going to be no resolution, and these fines are going to keep accruing unless there's a demolition issue that happens with the structure that's not permitted. MR. WHITE: Point of information, Mr. Chairman. I believe the respondent had testified that the windows that are required have somewhere up to a 12-week or, at this point, three months to be ordered and come in. CHAIRMAN KAUFMAN: My comment on that is, that doesn't concern the Board. We are here about compliance. (Simultaneous crosstalk.) MR. FUENTES: Those particular windows are -- they're just a luxury option. Right now we're just strictly dealing with the unpermitted -- MR. WHITE: I don't know that. I only know what the testimony was. CHAIRMAN KAUFMAN: Okay. And I appreciate your comment. Okay. So we have a motion. We have a second. All those in favor? February 23, 2023 Page 36 MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Okay. It passes 4-2. When you come back, hopefully you'll have everything done. That's in 90 days. MS. ALVARADO: Yes. CHAIRMAN KAUFMAN: So I suggest that you may want to touch base with Renald Paul. Joe, do you think that's a good idea? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Renald Paul, who works for the county, can point you in the right direction on what you need done and when you need it done. You may want to consider -- because these fines will really add up, you may want to consider hiring a contractor. I don't know. MS. ALVARADO: All right. CHAIRMAN KAUFMAN: But that's -- that's your call. Renald Paul helps people who are in the same position that you are in right now. Okay. MS. ALVARADO: All right. CHAIRMAN KAUFMAN: Okay. So I called the motion. It passed 4-2. Going forward, we need to modify the agenda to move the imposition of fines. MR. WHITE: The case from the agenda. CHAIRMAN KAUFMAN: So I need a motion for that. MS. ELROD: I'll make a motion to adjust the agenda. February 23, 2023 Page 37 CHAIRMAN KAUFMAN: Okay. We have a motion. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? It carries -- MS. CURLEY: (Raises hand.) CHAIRMAN KAUFMAN: It carries 5-1. Okay. So you have 90 days. MS. ALVARADO: I appreciate it. CHAIRMAN KAUFMAN: So start today. Okay, Vanessa, thank you. John. MS. BUCHILLON: Next case, under motion for extension of time, No. 3, CESD20210001490, Cecilio Martinez Resendiz and Maricela Valerio Martinez. MS. MARTINEZ: Good morning. CHAIRMAN KAUFMAN: Good morning. Could you state your name, after you get 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. MARINO: I do. MS. RUIZ: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us. MS. RUIZ: Cirse Ruiz. Cirse, C-i-r-s-e. February 23, 2023 Page 38 CHAIRMAN KAUFMAN: Okay. MS. RUIZ: Ruiz. CHAIRMAN KAUFMAN: Now, the names that we have on here are different. MR. MARINO: So they are working -- they're the planning and permitting company that is working for the respondent, so they are going to be representing them. CHAIRMAN KAUFMAN: Okay. You have permission from the respondent? MS. RUIZ: Yes. We have -- we've been retained by the owner, the property owner, as -- work on their behalf on the permitting side and be with -- in compliance with the Code Enforcement. And we have diligently done everything possible, but we are being stopped a little bit because of the stormwater plan review. We already have a draft. After this meeting, I'm going to go down to see Mr. Rosenblum to see if he will approve that. Then we can submit it. And also we are working with DB -- DEP, Department of Environmental Protection, and also the SFWD. And since it's a state agency, it's taking a little bit longer than we expected to have these issues resolved. MR. MARINO: They are working with other state agencies and other agencies to try to get this permitting situation under control. They have done everything up until this point. It is going along the lines. We're just waiting for everything else to come through with DEP and the stormwater, at this point. But they have made compliance efforts since they've taken over to get this to where it needs to be. CHAIRMAN KAUFMAN: Okay. Let me just do a quick summary so I understand, and hopefully the people on the Board February 23, 2023 Page 39 understand as well. Somebody built a carport; am I correct? MR. MARINO: Yes. CHAIRMAN KAUFMAN: They didn't get a permit? MR. MARINO: They didn't get a permit, no. CHAIRMAN KAUFMAN: Okay. That's how it stands today? MR. MARINO: Correct. CHAIRMAN KAUFMAN: The respondent hired your -- MS. RUIZ: Yes, HKL & Associates. CHAIRMAN KAUFMAN: Hired them to get the permit? MR. MARINO: Correct. MS. RUIZ: They started the process. CHAIRMAN KAUFMAN: Didn't it -- didn't get covers -- whether it's one day away or six years away, they didn't get the permit. So your company is now -- MS. RUIZ: In charge. CHAIRMAN KAUFMAN: -- submitting all the necessary forms, et cetera, to gets the permit? MS. RUIZ: Correct. CHAIRMAN KAUFMAN: Is there electrical involved in this? MR. MARINO: I do not know if there is electrical involved in this one. MS. RUIZ: No, no. MR. MARINO: I don't believe so. MS. RUIZ: It's just a carport and a shed that they're trying to build. So we need to get the clearance for the water -- the wetlands and stormwater. CHAIRMAN KAUFMAN: So this carport is being put on wetlands? MS. RUIZ: No. As far -- CHAIRMAN KAUFMAN: You need the wetlands February 23, 2023 Page 40 determination for the entire property in order to put the carport on? MS. RUIZ: Yes. CHAIRMAN KAUFMAN: I understand. So after you get the permits, or before you get the permits, how much more time do you need so that you have all the permits on this? MS. RUIZ: We're asking the Board to grant us 180 days. Hopefully, working with the state, it will be a little bit delay. I hope we are not. We are working diligently with them on it, almost on a daily basis. Whenever they ask us something, we try to get it, and also we have done the research to see if they are prior -- CHAIRMAN KAUFMAN: Let me ask, what -- what inspections have been done that have been approved? MS. RUIZ: None yet. CHAIRMAN KAUFMAN: So you don't have the permit, so you can't call in an inspection. This is all one -- going to fall under one permit? MS. RUIZ: Yes. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: What was the complaint? MR. MARINO: The carport and the shed being constructed without permit. MS. CURLEY: From a neighbor? MR. MARINO: Yes. MR. FUENTES: Got to love those neighbors. MS. CURLEY: It means they're close. MR. MARINO: Yeah, they're close. From what I read on the permit that they have on file for the carport right now, they're waiting on the wetlands determination to make sure that it's 25 feet from wherever they designate the wetlands to be. So that was the environmental concerns on it. There was three. They've provided the survey already. They've gotten what they've needed as far as February 23, 2023 Page 41 what they've been requested from the permitting department. Right now they're just waiting on the stormwater and the wetlands. CHAIRMAN KAUFMAN: Okay. MR. MARINO: So then everything else can move forward. MS. ELROD: So they do have a permit? MR. MARINO: They do have a permit on file. MS. RUIZ: Yes. MR. MARINO: Yeah, they do have a permit on file, and they're working with the Permitting Department and Environmental to get this done. CHAIRMAN KAUFMAN: Okay. MS. RUIZ: Yes. CHAIRMAN KAUFMAN: And you're in the business of getting permits? MS. RUIZ: Right. CHAIRMAN KAUFMAN: Typically, how long does it take to get a wetlands determination? MR. FUENTES: DEP takes a long time. MS. RUIZ: Yes. So we are hoping, crossing our fingers, that this will be sped up a little bit. CHAIRMAN KAUFMAN: Okay. More comments from the Board? MS. ELROD: I'll make a motion to grant 180 days. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. February 23, 2023 Page 42 MR. AYASUN: Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? Aye. Okay. MS. BUCHILLON: Was that a continuance or an extension of time? CHAIRMAN KAUFMAN: Continuance. MS. ELROD: Continuance. MR. MARINO: It was an extension. That's what they were asking for. MS. RUIZ: Extension. MR. WHITE: I understand -- CHAIRMAN KAUFMAN: They're always listed on the agenda as extension. Okay. It's the Board's determination it's a continuance. The fines will continue to accrue. That's what it is. MR. WHITE: Just hopefully, once and for all, if there's been a finding of violation and the fines are accruing, typically the Board's practice is to continue it so that the fines continue to accrue. If there has not yet been a finding of violation, that is an extension of time. MR. MARINO: Okay. MS. RUIZ: Thank you for the clarification. CHAIRMAN KAUFMAN: Okay. Thank you. MR. AYASUN: Moving right along. CHAIRMAN KAUFMAN: Okay. Helen? MS. BUCHILLON: We also -- CHAIRMAN KAUFMAN: Do we need to modify the agenda on this one? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Patrick was going to tell me to do February 23, 2023 Page 43 that as soon as he got to the back of his package. Could we get that motion? MS. ELROD: I'll make a motion to -- CHAIRMAN KAUFMAN: Modify the agenda? MS. ELROD: -- modify the agenda. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: Second. CHAIRMAN KAUFMAN: And we've got a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. WHITE: That would be to withdraw No. 14 under imposition. CHAIRMAN KAUFMAN: That's correct. So I beat you to that, Patrick. MR. WHITE: You're on it today, Mr. Chairman. CHAIRMAN KAUFMAN: Okay. Helen, what's next? MS. BUCHILLON: Next, stipulations. We're going to start off under public hearings, D hearings, No. 1, CELU20220004568, Shirley Taylor, LLC. MS. CURLEY: What number is this? I'm sorry. MS. BUCHILLON: Number one. Also, I do have a change to the agenda, another stipulation. CHAIRMAN KAUFMAN: Okay. February 23, 2023 Page 44 MS. BUCHILLON: Actually, No. 2, CELU20210009717, Azteca Super Market 2000, Inc. MR. WHITE: I believe that's staff's request to modify the agenda to have that Item No. 2 be considered as a stip -- stipulation. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Can the Board so act with a motion and vote? MS. ELROD: I'll make a motion to accept the change of agenda. MR. AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Which brings us to the first stipulation. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PULSE: I do. MR. VETTER: I do. MR. SHOOP: I do. CHAIRMAN KAUFMANN: Would you like to read the stipulation into the record for us? MS. PULSE: Sure. For the record, Dee Pulse, Collier County Code Enforcement. February 23, 2023 Page 45 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 the hearing; Number 2, abate all violations by: Cease use of property for unlicensed/inoperable vehicles and car parts, storage, and/or obtain all required Collier County approvals, permits, inspections, and certificate of completion for an outside storage area for vehicles and parts within 120 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; 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. Sir, could you state your name on the microphone for us. MR. VETTER: This is Richard Vetter. CHAIRMAN KAUFMAN: And? MR. SHOOP: Peter Shoop. CHAIRMAN KAUFMAN: Okay. You understand the stipulations that you agreed to? MR. VETTER: Yes. CHAIRMAN KAUFMAN: Any problem meeting the dates? MR. VETTER: No. CHAIRMAN KAUFMAN: Get a motion from the Board. MS. ELROD: Make a motion to accept the stipulation as February 23, 2023 Page 46 written. MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MS. CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Great case. Shortest period of time. You get an award. MR. WHITE: Mr. Chairman, if the gentleman could identify what your role is, just so we know who you are. You gave us your names, but I'm guessing you have something to do with the LLC. MR. VETTER: Yes. Okay. My name is Richard Vetter. MR. SHOOP: Peter Shoop. MR. VETTER: I'm the managing member of Shirley Taylor, LLC. MR. WHITE: And Mr. Shoop? MR. SHOOP: I'm a shareholder, assistant member. MR. WHITE: Okay. Thank you, gentlemen. CHAIRMAN KAUFMAN: Okay. Which brings us to? MS. BUCHILLON: Case No. 4, CELU20220010924, Fash Properties, LLC, and No. 5 is the same owner, same property. CHAIRMAN KAUFMANN: Okay. We can listen to both cases simultaneously and vote on them separately. MS. BUCHILLON: Okay. CHAIRMAN KAUFMAN: Does that meet your approval, February 23, 2023 Page 47 Patrick? MR. WHITE: Yes, Mr. Chairman, thank you. 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. CHAIRMAN KAUFMAN: Rickey, one second. Let the record show the respondent is not present. And notification, Helen, was? MS. BUCHILLON: Respondents were notified regular and certified mail January 27, 2023. It was also posted at the property and courthouse February 2nd, 2023. CHAIRMAN KAUFMAN: Okay, Rick. MR. MIGAL: Okay. For the record, Rick Migal, Collier County Code Enforcement. So these properties are adjacent to each other, and the stips are identical. So do you want to read one? CHAIRMAN KAUFMAN: Read one, we'll vote separately on the two numbers. MR. MIGAL: Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.35 incurred in the prosecution of this case within 30 days of this hearing. CHAIRMAN KAUFMAN: Hold on one second. We're going to hear the case first before we ask for your recommendation. MR. MIGAL: No, this is a stipulation. CHAIRMAN KAUFMAN: Oh, these are the stipulations. Okay. 59.35 paid within 30 days. MR. MIGAL: Okay, sorry. CHAIRMAN KAUFMAN: I'm sorry. MR. MIGAL: Okay. Number 2, abate all violations by February 23, 2023 Page 48 complying with all standards of the Collier County Land Development Code, 04-41, as amended, obtaining all required Collier County approvals, permits, including all required inspections and issuance of a certification of completion/occupancy for the operation of a tree service/landscaping business, or restore the property to its original permitted condition within 180 days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? MS. ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. The first one we're going to vote on is? MS. ELROD: Number 4. CHAIRMAN KAUFMAN: Number 4, which ends in 10924. Do we have a second? MR. AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. February 23, 2023 Page 49 MS. CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And the next one that we're going to vote on is -- MS. BUCHILLON: Number 5. CHAIRMAN KAUFMAN: Number 5 ending in 03385. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Rick. MR. MIGAL: Thank you. MS. BUCHILLON: Okay. Last stipulation, No. 2, CELU20210009717, Azteca Super Market 2000, Inc. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. RODRIGUEZ: I do. STAFF MEMBER: Yes. MR. LUNA: I do. MS. LUNA: I do. CHAIRMAN KAUFMAN: Okay. Good morning. February 23, 2023 Page 50 MS. RODRIGUEZ: Good morning. MR. LUNA: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. LUNA: Angel M. Luna. CHAIRMAN KAUFMAN: And? MS. LUNA: Lydia Luna. CHAIRMAN KAUFMAN: You may want to move the microphone down for Lydia. Thank you. Okay. Would you like to read the stipulation into the record for us? MS. RODRIGUEZ: For the record, Maria Rodriguez, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Abate all violations by obtaining all required Collier County approvals to operate the bar/nightclub use or cease and desist such business operations within 120 days of this hearing, or a fine of 250 per day will be imposed until the violation is abated; Must obtain and display the required local business tax receipt for the bar/nightclub or cease and desist such business operations within 120 days of this hearing, or a fine of $250 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; that if the respondent fails to abate the violation, the county may abate the violation using any methods to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this February 23, 2023 Page 51 agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Are you going to get the business tax receipt, or are you going to stop the business as a bar? MS. LUNA: No, we're going to get the tax receipt. CHAIRMAN KAUFMAN: Okay. Just curious, because you could go either way. MS. LUNA: Yeah. CHAIRMAN KAUFMAN: Okay. Is that enough time to get the business tax receipt? 120 days, I believe. MR. LUNA: Yes. UNIDENTIFIED FEMALE VOICE: Yeah, we think so. We hope so. CHAIRMAN KAUFMAN: Okay. We hope so, too. What we need is more bars around here. MS. ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. AYASUN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? It carries unanimously. MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Oh, one nay. MS. CURLEY: If Alfie can do it, anyone can. I'm just saying. CHAIRMAN KAUFMAN: Okay. February 23, 2023 Page 52 MR. WHITE: I would just note for the record that the respondents are the president and vice president of the company. CHAIRMAN KAUFMAN: Okay. Very good. Thank you and good luck on getting your business tax receipt. MR. FUENTES: I'll remind you that you're on a cane. We don't want to see you at a bar, okay? CHAIRMAN KAUFMAN: Well, if I do use a cane, I could walk straight then. MS. BUCHILLON: Next, under old business, motion for imposition of fines, No. 3, CESD20210011506, Saint Jean Services, LLC. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PULSE: I do. MR. DUCATEL: Yes. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. DUCATEL: My name is Rico Ducatel. I'm co-owner. CHAIRMAN KAUFMAN: Okay. You may want to raise the microphone. MR. DUCATEL: Oh, yeah, sorry. I'm kind of tall. CHAIRMAN KAUFMAN: You're taller than I am, which is not hard. Okay. I guess before we go on, you're here to request something. MR. DUCATEL: I'm here to, I guess -- an extension of time or imposition of fees, or one or the other. MS. PULSE: You're here for a continuance, to ask for more time. MR. DUCATEL: A continuance, excuse me. February 23, 2023 Page 53 CHAIRMAN KAUFMAN: Okay. This violation has not been abated. This was the removal of windows in the back of a residence. On July 28th, this order was placed. So that's July to now; six, seven, eight months ago. MR. AYASUN: Eight months. CHAIRMAN KAUFMAN: Eight months. What's been done since then? MR. DUCATEL: Yeah. So in all actuality, there's been a back and forth. So at first they were like, here, these are these set of issues, and not only did I start tackling them, I actually got a -- well, I got a filing company to, like, file the paperwork on behalf of -- I got the issues that they first asked in the first round completely done or whatever, you know what I mean? Satisfied. And then I had a company that I asked to resubmit the permits to, like, okay, we're going to -- for the windows, just to get them into code to get them into line. And then they said a second set of issues, and then, you know, we're in the process of fixing them. But I think -- and I think we're in the second or third round of fixing whatever issues we're having. So there has been some actions and some attempts to fix whatever they have. Right now we stand at -- shoot, my mind just went blank for two seconds. Right now the most recent issues we clarified -- clarified it, but there has been, like, permits that's been filed for and everything like that. But -- oh, sorry. The hurricane happened, which we've some property damage on the site as well as my grandfather passed at the property address, and so a funeral and a wake and all that kind of took place as well. So it was kind of just a one-two punch. MS. CURLEY: I just have a question. Is this in, like, a condominium neighborhood, or are you just living -- is this a February 23, 2023 Page 54 single-family house? MR. DUCATEL: This is a single-family home. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: Do we have pictures, by chance? CHAIRMAN KAUFMAN: Well, it was heard already, so... MS. CURLEY: So how much time do you need? MR. DUCATEL: To -- in all actuality, I think three to six, six to be on the safe side, but, you know, three -- I think, four to six maybe. I mean, however the Board wants to. Six would be what I would ask for, but what you guys actually offer -- MS. CURLEY: Months or weeks? MR. DUCATEL: Months. Sorry. I apologize. CHAIRMAN KAUFMAN: So let me go -- somebody removed the windows in a structure -- MR. DUCATEL: Yeah. So long -- oh, sorry. I don't want to interrupt you. CHAIRMAN KAUFMAN: -- without a permit? MR. DUCATEL: What happened was we bought the home, and -- it was a super long story. Well, the home was bought, and the first owner who had the home made a lot of changes without county code, and they end up basically losing the house. It got foreclosed, got tooken over by, like, a mortgage company, then that got tooken over by -- was it the VA program? Well, whatever. And so me and my family, we purchased the house years ago. I think it's been about four years. And what we actually bought in the house versus what was on file wasn't the same. So what we did was, where the window was, we replaced the window. So it was kind of like an opening or some hodge-podge, so we were basically trying to -- CHAIRMAN KAUFMAN: Was this one window? MR. DUCATEL: Yes. Wait, no. It's two windows, excuse February 23, 2023 Page 55 me. And the lanai issue. CHAIRMAN KAUFMAN: Two windows. You understand that when you buy a property, if it has violations, you now own the violations? MR. DUCATEL: You are correct. CHAIRMAN KAUFMAN: Okay. MR. DUCATEL: Yeah. CHAIRMAN KAUFMAN: So it's taken eight months, and we're nowhere. MR. DUCATEL: No. So we actually have -- the windows has been done well. I think they were asking for the windows to have hurricane shutters or to be hurricane proof, and the hurricane shutters was placed on it a long time ago. What has happened is they didn't want to give us the permit for the windows. They're kind of holding that hostage because of the other issues. So the windows are satisfied, down, hurricane shuttered, all the paperwork submitted, county got it, and that's out the way, but they're not going to issue it and close it until whatever other issues were not, kind of, closed, and that was just the removal of the bricks, which was -- CHAIRMAN KAUFMAN: Let me ask the county, can you -- MS. CURLEY: Clarify. CHAIRMAN KAUFMAN: -- give us some information on this that we can understand -- MS. PULSE: Yes. CHAIRMAN KAUFMANN: -- why it's taken so long? MS. PULSE: Yes. For the record, Dee Pulse, Collier County Code Enforcement. The window permit is applied for. The shed permit is applied for. They're both in rejected status at this time. They've been filing February 23, 2023 Page 56 their corrections and submitting -- you know, answering corrections, so there's a lot of activity on the window permit. The shed permit had an issue with the pavers in the right-of-way, and until those are removed, they would not approve the shed permit. So I think the shed permit is going to get an issued status very soon, and then all they really need is an inspection to pass that. The windows, they're requiring decimal points in the code of the window or -- I mean, it's very minor corrections that are needed for the permit to get issued. MS. CURLEY: Well, I'll make a motion to grant him a continuance for six months. I feel like this is nothing compared to what -- the chaos that we've heard here today about people purposefully doing things without asking, when this gentleman's just trying to make something right unbeknownst to him at the purchase of his property. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and second. I think six months to get two windows into compliance is not proper, so I'm going to vote against the motion. Any other comments from the Board? (No response.) CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MR. AYASUN: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: One -- give me your hands. One, two, three. So we have a tie. MS. CURLEY: Did you vote, John? MR. FUENTES: I'm a nay. MS. CURLEY: How much time do you want to give the poor February 23, 2023 Page 57 guy? MR. WHITE: So just a point of order, Mr. Chairman. The motion fails and a new -- CHAIRMAN KAUFMANN: Motion fails. MR. WHITE: -- a new motion is in order. CHAIRMAN KAUFMAN: You don't get to make a motion. MR. DUCATEL: No, I don't. MS. CURLEY: Mr. Chairman, what's your idea? Make a motion. CHAIRMAN KAUFMAN: Well, I think that eight months has gone on now, and to give another six months to put -- to get two windows permitted is way beyond what the Board normally does. MR. AYASUN: Would you take three months? CHAIRMAN KAUFMAN: I would consider approving three months. John, what do you feel? MR. FUENTES: I think three's decent. CHAIRMAN KAUFMAN: Lee? MR. RUBENSTEIN: Yeah, okay. MS. ELROD: The fines are still accruing, so it behooves them to get it done as soon as possible. MR. DUCATEL: Absolutely. And if I could say anything -- I don't mean to interrupt. CHAIRMAN KAUFMAN: No. Let us vote first, and then we'll listen to what you have to say. Okay. So we now have a motion to grant the respondent -- MS. ELROD: I'll second your motion. CHAIRMAN KAUFMAN: -- three months. That's your motion? MS. ELROD: Yes, sir. CHAIRMAN KAUFMAN: Okay. February 23, 2023 Page 58 MR. AYASUN: I'll second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. So you have three months to get it done. MR. DUCATEL: I pray it doesn't even take three. I'll get it done sooner than that. CHAIRMAN KAUFMAN: I'll help you pray. You said you had something to say. MR. DUCATEL: Yeah, just pretty much, it's -- I believe it's on the last leg. I expect it to be done a lot sooner than -- I didn't need six months, but six months is just cushion time. But, you know, I want to get it done as soon as possible. Fines are accruing, and I hope next time I can -- CHAIRMAN KAUFMAN: That's correct. Your comment is very timely. MR. DUCATEL: Yeah. CHAIRMAN KAUFMAN: So the quicker you get it done, the fewer the fines will be. MR. DUCATEL: We're on the same page. CHAIRMAN KAUFMAN: Okay. Well, thank you very much. Good luck. MR. RUBENSTEIN: Mr. Chairman? February 23, 2023 Page 59 CHAIRMAN KAUFMAN: Yes. MR. RUBENSTEIN: What about the imposition of fines on the same case? CHAIRMAN KAUFMAN: They continue to accrue. MR. WHITE: There's only one case. CHAIRMAN KAUFMAN: Yes. No eavesdropping, Patrick. Okay. Terri, are you ready? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: We're going to take a 10-minute break now for the court reporter, so breaktime. (A brief recess was had from 10:25 a.m. to 10:38 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Okay. Where did we leave off, Helen? MS. BUCHILLON: Okay. We're going to start off with a change to the agenda. Under motion for imposition of fines, No. 14, CESD20210001490. Oh, no. I'm sorry. That's the wrong one. I'm sorry. I'm so sorry. CHAIRMAN KAUFMAN: We did that. MS. BUCHILLON: I'm so sorry. CHAIRMAN KAUFMAN: Do you want to do it again? MS. BUCHILLON: No, no, but I do have another one. Hold on. MR. WHITE: The respondent's name is? MS. BUCHILLON: Machado and Cruz. CHAIRMAN KAUFMAN: We haven't gotten there yet, Patrick. MS. CURLEY: Luc Charelus, that's No. 9. MR. WHITE: Number 10. MS. BUCHILLON: There we go. Sorry about that. Number 10, CESD20200003738, Yolando Machado and David R. Cruz, has February 23, 2023 Page 60 been withdrawn due to compliance efforts. MS. ELROD: I'll make a -- CHAIRMAN KAUFMAN: Get a motion from the Board to modify the agenda. MS. ELROD: I'll make a motion to modify the agenda. MR. AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Next? MS. BUCHILLON: Next case under imposition of fines, No. 5, 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? MS. PULSE: I do. MS. GARRICK: Yes, I do. CHAIRMAN KAUFMAN: Good morning. MS. GARRICK: Good morning. CHAIRMAN KAUFMAN: It's still morning, I guess. Yeah, okay. Do you want to give us your name on the microphone, please. MS. GARRICK: Sure. My name is Joan Garrick. I'm the senior property manager for Kendall Perrine, LLC. February 23, 2023 Page 61 CHAIRMAN KAUFMAN: Okay. This looks like it was unpermitted signs. MS. PERRINE: Yes, sir. CHAIRMAN KAUFMAN: Snipe signs, banners, flags, et cetera. Do you want to read this into the record for us, please. MS. PULSE: For the record, Dee Pulse, Collier County Code Enforcement. Violation: Collier County Land Development Code 04-41, as amended, Sections 5.06.06(A)(1), (A)(6), (A)(7), and (A)(8), 5.04.06(A)(2), 5.06.04 (C)(4), and 5.06.11(A)(1). The location is 4221 Tamiami Trail East Naples, Florida; Folio 53750240002. Description was unpermitted and prohibited signs on the property that include, but are not limited to, snipe signs, banners, flutter flags, wall signs, wall graphics, animated active signs, electric reader board, vehicle signage. Past order: On March 24th, 2022, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6112, Page 2354, for more information. On November 18th, 2022, the Code Enforcement Board granted a continuance. See the attached order of the Board in documents and images for more information. Violation has not been abated as of February 23rd, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from March 28th, 2022, to February 23rd, 2023, 333 days, for a total fine amount of $83,250. Fines continue to accrue. Previously assessed operational costs of 59.28 have been paid. February 23, 2023 Page 62 Operation costs for today's hearing, $59.70. Total amount: $83,309.70. CHAIRMAN KAUFMAN: Okay. Ma'am? MS. GARRICK: This case came about because of all the tenants in the plaza not adhering to the sign requirements of Collier County. When I first heard of the matter, I went to the property and met up with all the tenants. I was able to have them remove all the flutter signs. There was a van by Fish 41 that didn't have a legitimate tag and had a neon sign in the window of it. I was able to have that removed. Then when I went to the owner -- the Fish 41 had placed some graphics on the building. I was able to get the owner to approve a $29,000 painting job, so I painted the building and got rid of all the signs on the buildings that were posted there. Then Fish 41 was the only tenant that wasn't complying. They now have a sign on the building that wasn't permitted, was never permitted. The prior tenant before them had the sign permitted and left the framing of the sign, and so they just came in and put their sign in that frame. In addition to that, they had neon signs in windows. They had a awning that had -- because they're a fish restaurant, they had snapper, all the different kind of fish on there. We were able to get them to remove all of that. I was working with -- there are two partners to the entity. And, unfortunately, the one that was going in to try to get the permit to resolve this issue came down with cancer. All this time I'm working with him, and he's trying his best, but then he died. After he died, I decided to reach out to a sign company myself and sign on behalf of the tenant to get the permit. We put it into the county, but because he refused to get rid of all the other little signs -- and as soon as -- my office is in West Palm. As soon as I leave and go back home, he put his sign out there, and so Code February 23, 2023 Page 63 Enforcement would come out, see the sign, and he just wouldn't cooperate. Finally, I was able to work with Dee. We did conference calls with him. I showed up at the property and explained that this is a $250-a-day fine and the fees, as you know, is racking up and all that is happening. We were able to get him to comply to removing most of the sign. Where we are today is there's a neon sign in the window that must be removed because, again, as soon as I leave the county, he plucks it back in. So my job is to get him to remove it from the window. I was able to get him to paint over the sketches that he had in the front of the space. So now there are two large windows that Dee confirmed that we can only have 25 percent of writing in those two windows or get rid of everything totally and tint the windows. So that's where I am, trying to get him to either just have 25 percent in those two windows or tint the windows, because he said the whole reason for him to have the signs there anyway was because of the sun, the way the building is situated. So Dee and I did a conference call with him and told him those were your only options. Remove it, tint it, leave it blank, or 25 percent. I spoke with the owner of the property, because he gets all the notices, so he's aware of what's going on. Our next step is if we are not able to get him to remove those signs and address the two windows, then we have to get an attorney to send him a letter and to have him to comply, because that's our only option at this point. But, as Dee read, most of what was asked to do have been done. It's just to get this one tenant to comply. So I'm here today asking you for maybe two or three more months to get this done, this last part of it done because if not, like I February 23, 2023 Page 64 said, I've already spoken to the owner to get an attorney to serve him because he's not complying to get all of it corrected. CHAIRMAN KAUFMAN: I mean, it's been a year. The fines now are 83,000-plus. For that much money, you could have a sign on Times Square. I mean the one in New York City. This is just going on and on. MS. CURLEY: Well, the case file is 2021. CHAIRMAN KAUFMAN: Right. But the past order on March is what I'm referring to. That's a year. MS. CURLEY: Who is John Garrick? MS. GARRICK: I am Joan Garrick. MS. CURLEY: Oh, Joan. You're Joan? MS. GARRICK: Yes, ma'am. MS. CURLEY: Okay. Well, they have your name as John on the previous orders. CHAIRMAN KAUFMAN: On November 18th, we granted a continuance. It's continuance after continuance. And I don't know what's going to happen when this comes for the implementation -- it's not in compliance now. When it comes into compliance, it's going to be, what do we do with the $83,000 fine? Have you, for lack of a better term, threatened the market that -- MS. GARRICK: Oh, yes -- yes, I have. And the -- one of the things that dragged it out to this point was, again, I was working with the partner who was more reasonable. And, unfortunately, he's the one who got sick and died. And this partner that's left alive, he's the most rude person ever. He uses the worst language to me. He has no respect, and it's just difficult. So that's why I spoke to the owner and told him that at this point we'll have to get an attorney to resolve the issue after Dee and I tried with the conference call to get him to comply. Just remove the signs. That's the only thing left. Like I said, the owner granted me February 23, 2023 Page 65 the $30,000. I spent 29,000-plus, paint the building, getting rid of all the other signs. All the other tenants have complied except for this one. MR. AYASUN: May I ask a question? CHAIRMAN KAUFMAN: Sure. MR. AYASUN: Why is the fines going against the plaza rather than just the one shop? Is there a reason for that? MS. GARRICK: I don't know. That's how it came. MR. AYASUN: Is that how it's done? CHAIRMAN KAUFMAN: The property owner is the property owner. MR. AYASUN: Property owner, okay. CHAIRMAN KAUFMAN: Okay. So anything that happens on your property you're responsible for. MR. AYASUN: You're responsible. Can you -- MR. WHITE: And to Ms. Garrick's point, in looking at the ownerships here of the LLC, there's one kind of associate member, then there are two LL -- there's an LLC, and from there that LLC has two limited partnerships and two other individuals who are also named as, you know, quote-unquote, part of the directorship of the original LLC. So I understand the challenges she has not only in terms of who her client is, her customer is, but also with a multi-tenant type of plaza such as this LLC owns where you have one obstreperous tenant. It all comes down to, as she has indicated, the potential necessity for an attorney to either threaten eviction or let them know that they're going to be the ones held responsible for all the fines based on the terms of the lease, none of which is before us, none of which you may or may not have reviewed, Ms. Garrick, but those are the complexities and layers to this case. CHAIRMAN KAUFMAN: Okay. February 23, 2023 Page 66 MS. CURLEY: I make a motion to enforce the county's fines of $83,309.70. MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second to impose the fine. Any other -- MS. CURLEY: Conversation on it. What our attorney said is that most commercial leases would include the responsibility of any fines for their ill behavior to fall back onto the business owner. And that's, again, not our problem, but this -- this is not the time to be calling an attorney to help you now. It should have been a year ago. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: For help. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? MR. WHITE: Just one point of information. I don't believe it was put on the record, and perhaps staff can help with this, what was the amount of time for the continuance that was granted last November? MS. CURLEY: March 27th to September 20th. MS. BUCHILLON: Ninety days. MR. WHITE: So November. It would be December, January. So they're relatively timely coming in today on the county's motion for imposition. MS. BUCHILLON: Yes. MR. WHITE: This is roughly the time they were given, and I don't know that there's anything on the record as to how much time you think you need, but the Board's ready to vote. CHAIRMAN KAUFMAN: I have one comment that I agree with Ms. Curley as far as an attorney should have been, by the property owner, put on this initially. I understand you got the building painted and all of this, and the wrong person died, according February 23, 2023 Page 67 to someone's nice and someone's not. But this can't continue on, and that's why Ms. Curley has made the motion that she has. Anybody else like to comment? MR. RUBENSTEIN: It's obvious that that tenant doesn't want to comply, because you said that as soon as you leave, they put things back in the illegal way; is that correct? MS. GARRICK: Yes, sir. MR. RUBENSTEIN: Okay. All right. They also have vehicles parked out on the parking lot with big signs all over it, too. MS. GARRICK: Those have been addressed and removed, those signs. MR. RUBENSTEIN: All right. I call the motion. CHAIRMAN KAUFMAN: Okay. All those in favor? MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Aye. Okay. Two ayes have it -- unusual for me, but I -- I had thought of giving maybe 30 days, and during that 30 days they could bring a lawyer into this, but they've had ample opportunity to do that, so I understand. Okay. The motion passes. 4-2. Okay. MS. GARRICK: Thank you. CHAIRMAN KAUFMAN: Thank you. MR. FUENTES: 4-1? It was 5-1. CHAIRMAN KAUFMAN: No. One, two. MR. FUENTES: Oh, you said nay? MR. AYASUN: He wanted to give 30 more days. MR. FUENTES: He's been generous today. February 23, 2023 Page 68 (Simultaneous crosstalk.) MS. ELROD: My problem is it's one bad apple, and they've done so much other work, and it's just one bad apple. I have a little trouble with that. MS. CURLEY: Next. CHAIRMAN KAUFMAN: I know. I thought they were selling fish and not apples, but... MS. BUCHILLON: Next case under imposition of fines, No. 6, CESD20200012476, Featherston Family Trust. 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. GUIDRY: Yes, I do. MR. PACKARD: I do. CHAIRMAN KAUFMAN: That's No. 6. Okay. Would you like to read this into the record for us? MR. PACKARD: Absolutely, sir. For the record, Jason Packard, Collier County Code Enforcement. Past orders: On March 24th, 2022, the Code Enforcement Board issued a finding of facts, conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6112, PG2352, for more information. The violation has been abated as of January 12th, 2023. Fines have accrued at a rate of $200 per day for the period from September 25th, 2022, to January 12th, 2023, 110 days, for a total fine amount of $22,000. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.35. Total amount: $22,059.35. The gravity of the violation was moderate. The respondent, the February 23, 2023 Page 69 actions he took to correct: They hired a contractor, appropriate permits were applied for and finaled. No previous violations for the respondent. And then some relevant factors that I noticed while reviewing the case, they changed contractors previously before the last Board hearing due to some health issues, and that kind of slowed the permitting process, and I believe they had to resubmit. So that slowed it down just a little bit. CHAIRMAN KAUFMAN: Okay. Sir, could you state your name on the microphone for us. MR. GUIDRY: Good morning. Andrew Guidry. I am the trustee for the trust. CHAIRMAN KAUFMAN: Okay. MR. GUIDRY: That fine, that's the first issue that I have. When I applied for the permit and the order, it was to get a permit, that I had six months to get the permit, which expired September the 24th. I did get the permit October the 4th, seven days late. He's saying that when I came to the Board the first time that it wasn't -- that I had six months to get not only the permit but to do the -- get the CO. That's just not possible. I don't know how he thinks that I could get the permit, get the CO, get everything done in six months in Collier County. Just the permit was crazy to get. But I got it done, but I was seven days late. And the reason I was seven days late was, of course, the storm was -- was a factor, but the biggest factor was the calcs. I have a date that it was actually done. I asked for it in May, but they had a backlog, and they couldn't get it done until 9/13. I have copies for you guys if you-all want to see it, the receipt from -- CHAIRMAN KAUFMAN: Let me just stop you a second. We already heard the case. MR. GUIDRY: Yes, sir. February 23, 2023 Page 70 CHAIRMAN KAUFMAN: The only thing that we're here for right now is whether to impose the fine or not. So if I were in your shoes, I would be arguing why you shouldn't impose the fine, and you're asking for some amelioration of the fine. MR. GUIDRY: Exactly. And so that was the point that it took me so long to get the permit seven days late because the calcs took forever to get, and also I had COVID so -- you know, so I was in the hospital. I have a letter from the doctor saying that. Another reason, that I would like the motion to be -- to be voted against is that I got the permit done, so I worked very hard to get that. And I have it here if you want to see. If I got my notice of commencement done that was -- that was October of this [sic] year. So I've been working very, very hard to get this done, and I was seven days late not through lack of effort. It was just through -- CHAIRMAN KAUFMAN: Lack of understanding. MR. GUIDRY: Lack of understanding, maybe. And here's my CO. I got that, too, if you-all want to see that. MR. WHITE: Mr. Chairman, permission to inquire? CHAIRMAN KAUFMAN: Go ahead. MR. WHITE: Mr. Guidry? MR. GUIDRY: Yes. MR. WHITE: Would you be able to pay the $22,000? MR. GUIDRY: No, no. MR. WHITE: Why not? MR. GUIDRY: I don't have $22,000. MR. WHITE: Would it impose a financial hardship on the trust and you as some aspect of that trust, assuming -- MR. GUIDRY: Oh, yes. MR. WHITE: Are you the trustee? MR. GUIDRY: I'm the trustee. Yeah, the trust doesn't have funds. February 23, 2023 Page 71 MS. CURLEY: I make a motion to deny the county's imposition of fine's including today's cost of hearing for a total of $22,059.35. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any comment on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. GUIDRY: You are the right height, Chair. I'm going to tell you right now. You're tall enough. I appreciate that. CHAIRMAN KAUFMAN: I'm taller with this. All right. Which brings us to? MS. BUCHILLON: Next case, No. 7, CELU20190013849, Noah's Ark Church, Inc. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. JOSEPH: I do. MR. HOLMES: I do. CHAIRMAN KAUFMAN: Sir, could you state your name on the microphone for us? February 23, 2023 Page 72 MR. JOSEPH: Odino Joseph. CHAIRMAN KAUFMANN: I'm sorry. MR. JOSEPH: Odino Joseph. CHAIRMAN KAUFMAN: Okay. Good morning. MR. HOLMES: Good morning. CHAIRMAN KAUFMAN: You've been sitting back there patiently all day waiting for this case. MR. HOLMES: Yep. CHAIRMAN KAUFMAN: Okay. Do you want read it into the record for us? MR. HOLMES: Absolutely. For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On October 23rd, 2020, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, OR5846, Page 2402, for more information. On March 25th, 2021, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents and Images for more information. The violation has been abated as of February 7th, 2023. Fines and costs to date are as follows: Fines have accrued at rate of $150 per day for the period from January 22nd, 2021, to February 7th, 2023, 747 days, for a total fine amount of $112,050.00. The previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.63. Total amount: $112,109.63. CHAIRMAN KAUFMAN: Okay. Sir, it looks like the violation has been abated. Does that mean that the Noah's Ark Church is no longer operating a food bank or pantry distribution? February 23, 2023 Page 73 MR. JOSEPH: I stopped doing (unintelligible). We had a long line to serve the people. I stopped do it, and I do it by appointment now, because they said too long line people in the street to come get the food. It's a free food/food bank. It's not -- so I do not continue making long line to serve the people anymore. Just when they come get the food. CHAIRMAN KAUFMAN: Okay. The reason I ask that question is because we don't want this to occur next month or next year, et cetera, et cetera. So this is going to be in compliance going forward? MR. JOSEPH: Yes, sir. CHAIRMAN KAUFMAN: Okay. Comments from the Board? Motion from the Board? MR. RUBENSTEIN: I have a comment. CHAIRMAN KAUFMAN: Sure. MR. RUBENSTEIN: Why did it take two years to stop something that's relatively very easy to fix? MR. FUENTES: Well, keep in mind that they're giving food to the needy, and that's kind of going to clog up. People who are used to obtaining food, you know. It's -- MR. RUBENSTEIN: No, I understand that, but -- MS. CURLEY: There's a lot behind it, or it wouldn't have taken seven -- CHAIRMAN KAUFMAN: Whoa, whoa, whoa. The question is asked of the respondent, not of the Board. MR. RUBENSTEIN: It just seems -- CHAIRMAN KAUFMAN: Go ahead. MR. JOSEPH: What happened is, when I start to serve the community and the people come, and the people -- one people complaining for the parking first place. Then I stopped doing people come park, get food. I do the drive through. So drive through, the February 23, 2023 Page 74 people make long line to come get the food. You know, they take a process. When I get the -- I mean, the people told me about it, and I change -- I change the way I did it, and that's the reason. You take your time, time, time. And people don't want me to close food bank. They need it in Golden. And they very really needy, and I try to help them as much as I can. And then now -- and I stopped doing the food drive, drive through, and I open by appointment. People come get the food, go. No line, no -- just stop. That's what happened. MR. AYASUN: I think he has complied to the best of his ability, to be honest with you. MR. RUBENSTEIN: Make a motion. MR. AYASUN: Make a motion, yeah, go ahead. CHAIRMAN KAUFMAN: Go ahead, Tarik. MR. RUBENSTEIN: To deny the county the collection of the -- CHAIRMAN KAUFMAN: Fine. MR. RUBENSTEIN: -- of the fine of 112,000 and change. CHAIRMAN KAUFMAN: Yes. MR. AYASUN: I second. CHAIRMAN KAUFMAN: We have a motion. MR. RUBENSTEIN: But pay the $59.63 for today. MR. JOSEPH: I have no money to pay. MS. CURLEY: Are we denying -- is your motion to deny the 59.63? MR. RUBENSTEIN: I'm sorry? (Simultaneous crosstalk.) MS. CURLEY: Motion to deny the 59.63? MR. RUBENSTEIN: Yeah, that has to be paid. (Simultaneous crosstalk.) February 23, 2023 Page 75 MS. CURLEY: No, it's denied if we -- excuse me. MR. RUBENSTEIN: You don't have it? MR. JOSEPH: No. Can you waive it? MR. RUBENSTEIN: All right. Then we'll waive the 59.63. CHAIRMAN KAUFMAN: Okay. Okay. We have a motion. MR. RUBENSTEIN: Thank you for the -- thank you for your work. MR. JOSEPH: Thank you, sir. CHAIRMAN KAUFMAN: We have a motion. We have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. The fine is wiped out. Best to you. MR. JOSEPH: Thank you. CHAIRMAN KAUFMAN: Keep the lines short. MR. JOSEPH: Thank you very much. Okay. MS. BUCHILLON: Next case, No. 9, CESD20200001059, St. Luc Charelus and Masina Charelus. 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. CHARELUS: I do. MR. MUCHA: I do. February 23, 2023 Page 76 CHAIRMAN KAUFMAN: Sir, could you state your name on the microphone for us, please. MR. CHARELUS: Good morning. My name is St. Luc Charelus. CHAIRMAN KAUFMAN: Okay. And you are? MS. CURLEY: He's the owner. CHAIRMAN KAUFMAN: The owner of the business? MR. CHARELUS: That is residential house. MR. MUCHA: Single-family house. MR. CHARELUS: I have a pending case in 2020, but that matter has been already resolved since two years. All inspections have been already passed. There's only one pending inspection. That was certification of elevation. That has been done three times but by two different companies. They can even have been going through [sic]. And since then my wife been sick. She been at Tampa Hospital. She been diagnosed with cancer. And I have to travel to Tampa to over there, to go working, to go over here, to go to the county. And I spend three times to have that pass, but the last time that has been submitted to the county, that was January 27th, and I have the completion of certification, but that matter has been already resolved. CHAIRMAN KAUFMAN: Okay. Joe, do you want to read this into the record for us? MR. MUCHA: Yes, I will. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. Past orders: On September 24th of 2020, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5832, Page 7, for more information. On March 25th of 2021, the Code Enforcement Board granted a February 23, 2023 Page 77 continuance. See the attached order of the Board in Documents and Images for more information. The violation has been abated as of January 27th of 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from January 23rd of 2021 to January 27th of 2023 for 735 days for a total fine amount of 147,000. Previously assessed operational costs of $59.20 have been paid. Operational costs for today's hearing is $59.56, for a total fine amount of $147,059.56. So I've got kind of a personal investment in this case. I've been working with this gentleman for a long time. And I know he -- as he mentioned, he was having some issues with his elevation certificate, and that was one of the conditions to close out the permit. And that, for whatever reason, just took a long time to get resolved. And as he mentioned, his wife got sick during the process of this, and I know that kind of took him away, obviously, from being able to deal with this, but I've got to say he was always contacting me, and I helped him out the best I could. And I would say he's very diligent in his efforts. It just took a long time. CHAIRMAN KAUFMAN: Okay. MS. ELROD: I'd like to make a motion to deny the county the imposition of fines. MR. AYASUN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. FUENTES: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. February 23, 2023 Page 78 MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? MR. WHITE: Point of clarification, Mr. Chairman. CHAIRMAN KAUFMAN: What? MR. WHITE: Point of clarification on the motion. Is it to deny the fines and costs? MS. ELROD: Yes. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Joe. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Thank you, sir. MR. CHARELUS: Thank you so much. CHAIRMAN KAUFMAN: Fines are gone. MR. CHARELUS: Thank you. CHAIRMAN KAUFMAN: Stop hanging out with Joe. He'll get you in trouble. MS. BUCHILLON: Next case, No. 12, CELU20220002016, Steven M. Thomas. MR. AYASUN: No respondent. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing February 23, 2023 Page 79 but the truth? MR. MARINOS: I do. CHAIRMAN KAUFMAN: Let the record show the respondent it not present. Helen, do you want to read the notification? MS. BUCHILLON: I thought he was present. The respondent was notified regular and certified mail February 7th, 2023, and it was posted at the property and courthouse February 7th -- 2/7/2023. CHAIRMAN KAUFMAN: Okay. You want to read this into the record for us? MR. MARINOS: Absolutely. For the record, Investigator Chuck Marinos. Past orders: On July 28th, 2022, the Code Enforcement Board issued a finding of fact, conclusions 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, OR6165, PG3454 for more information. The violation has been abated as of October 28th, 2022. Previously assessed operational costs of $59.21 have not been paid, which is why we're here today. Operational costs for today's hearing is $59.28, for a total amount of $118.49. CHAIRMAN KAUFMAN: Okay. My suggestion on this is -- have you been in contact with the respondent? MR. MARINOS: Consistently. CHAIRMAN KAUFMAN: You let them know that you can save yourself some money. You can either pay 59.21 or you can pay $118.49. Have you said that to them? MR. MARINOS: They've been informed and -- that and nicer and more direct ways as well. CHAIRMAN KAUFMAN: Okay. February 23, 2023 Page 80 MS. CURLEY: Well, it looks like -- this was abated in October. Why wasn't it -- CHAIRMAN KAUFMAN: Because the operational costs weren't paid, okay. So that's where we stand today. I believe the last time we heard this we said -- we asked the county to pull it so that they could notify this individual, et cetera, et cetera. Well -- MS. CURLEY: I make a motion to impose the county's $118.49 fine. CHAIRMAN KAUFMAN: I'll second that. Any comment on the motion? (No response.) CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay, so -- MR. MARINOS: Thank you. CHAIRMAN KAUFMAN: One quick question before you go. He was running a four-wheel shop from a guesthouse? MR. MARINOS: There's multiple cases on this property. This particular one was for a tenant in the rear who was running a four-wheeler shop and mechanics sort of an underground repair shop; we'll call it that. CHAIRMAN KAUFMAN: Gotcha. I just wanted to know February 23, 2023 Page 81 where I bring my four wheel to get -- no, no. MR. MARINOS: Not there anymore. MR. FUENTES: Chop shop. CHAIRMAN KAUFMAN: Okay. Thank you. MS. BUCHILLON: Next case, No. 13, CESD20190012596, Dezilia Vital. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUCHA: I do. MS. BUZIGO: I do. MS. VITAL: I do. CHAIRMAN KAUFMAN: Could you give us your name on the microphone. You might want to pull it to you so we can hear you. MS. BUZIGO: Hi. My name is Darica Buzigo (phonetic). I am her daughter, Dezilia Vital. I'm her translator. CHAIRMAN KAUFMAN: Okay. You need to be sworn as a translator. Terri. THE COURT REPORTER: Do you swear or affirm you will translate everything from English into Creole and Creole into English to the best of your ability? MS. BUZIGO: I do. CHAIRMAN KAUFMAN: Joe, do you want to read this into the record for us, please. MR. MUCHA: Yes, sir. For the record, Joe Mucha, supervisor, Collier County Code Enforcement. Past orders: On August 27th of 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, February 23, 2023 Page 82 OR6034, Page 3558, for more information. The violation has not been abated as of February 23rd, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from October 27th of 2021 to February 23rd of 2023, for 485 days, for a total fine amount of $72,750. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.21, for a total fine amount of $72,809.21. CHAIRMAN KAUFMAN: Okay. You've explained this? MS. VITAL: Say that again for me, please. CHAIRMAN KAUFMAN: Let me see if I can help. You were cited because you took a bathroom and you made two bathrooms out of it. MS. BUZIGO: Yes. CHAIRMAN KAUFMAN: Right? MS. BUZIGO: Yes. CHAIRMAN KAUFMAN: And you did that without a permit? MS. VITAL: The construction [sic] do it with the permit. MR. MUCHA: So if I could interject. They do have a permit at this point; however, there's been no activity on it since April of last year. That was the last inspection, and the only reason the permit's still valid now is because of the executive orders from the Governor that extended permits to -- you know, because of the hurricane. But, really, there's just been no activity. And I've been trying to reach somebody there, and I'm not getting any response, so... MS. BUZIGO: Yes. There's have not been any activity at the moment because we're still trying to find an engineer to check out the floors. If not, the contractor will have to break down the floors again for another inspector to check the floors. CHAIRMAN KAUFMAN: You understand that this thing is in February 23, 2023 Page 83 violation, and every day -- every day that it's not brought into compliance, the fine goes up $150. MS. BUZIGO: Yes, we understand that. CHAIRMAN KAUFMAN: And right now the fines are totaling 72-, almost $73,000, okay? MS. BUZIGO: Yes. MR. FUENTES: Joe, I have a question. CHAIRMAN KAUFMAN: So to wait and wait and wait, it's just going to cost you more and more money. Is this a single-family house? MS. BUZIGO: Yes. MS. VITAL: Yes. CHAIRMAN KAUFMAN: Okay. John? MR. FUENTES: You made a comment that you were attempting to communicate, and there was resistance? MR. MUCHA: I wouldn't say resistance. I just have, I believe, the phone number for one of the daughters, because I know the owner doesn't speak very good English, so -- and I've left some messages for one of the daughters. I don't know if it was you -- there was a daughter that came last time, and I had her number, and she never calls me back, and that's the only number I had. MR. FUENTES: I'm usually not a fan whenever the investigators are trying to communicate, and there's no communication involved, if they're trying to obtain compliance for cases. When the investigators mention things like that, for me personally, it just -- it eats at me. I feel that if they're trying to communicate, there should be an effort made in return, especially they're making that attempt to try to get it resolved on your behalf. And we've been more than good enough to give the time extensions on top of that. MS. BUZIGO: Yes, we understand that. But finding an February 23, 2023 Page 84 architect, it hasn't been easy. MR. FUENTES: Were you aware of that, Joe? MR. MUCHA: I wasn't aware of that issue. MR. FUENTES: That is a problem were it comes to lack of communication. He's not aware of what is transpiring with your file. MS. BUZIGO: Okay. CHAIRMAN KAUFMAN: Okay. Who initiated this construction? MS. VITAL: Edwins Construction. MS. BUZIGO: Edwins. CHAIRMAN KAUFMAN: I don't know who Edwin is. MS. BUZIGO: I don't know. CHAIRMAN KAUFMAN: Edwin Construction Company? MS. VITAL: Yes. CHAIRMAN KAUFMAN: And they're the ones that pulled the building permit? MS. BUZIGO: Yes. CHAIRMAN KAUFMAN: Okay. And did you contract with Edwin to have this done? MS. BUZIGO: Yes, yes, we have. We have told him multiple times that we've been notified for the court date and that we need to, like, find somebody, our architect or engineer, to check out the floors. He said he has been trying to find somebody but clearly have not. We tried looking to our own, tried to find somebody, but it's been -- has not gone through. CHAIRMAN KAUFMAN: Now, if you had bought the property and this work had been done, you could get an architect to do some paperwork and come into compliance, but since you initiated the work, that option is off the table. You can't do that. MS. CURLEY: I have a question. I'm a little confused. Just a point of clarification for your mom. When he asked who did the February 23, 2023 Page 85 work, was this company, Edwins, were they the people that did the work two years ago, originally or no? MS. VITAL: I don't remember that, how many years. Almost two years ago. MS. CURLEY: But did you do it yourself, or did someone else do it? MS. BUZIGO: Oh, no. The contractor did it his self. CHAIRMAN KAUFMAN: Contractor pulled a permit. MS. CURLEY: No, that's what I'm asking, who originally did it back in 2019? And they're telling us a contractor did it, but they didn't do it with, obviously, a permit, because now they've got a new permit in, was what Joe said. I was just getting a timeline. So the timeline is what I expected. They had somebody do it without a permit, and now the person won't even come back and undo it, and now they owe $80,000. 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. DAVIDSON: I do. For the record, Colleen Davidson, Collier County Code Enforcement. The permit is an owner/builder permit. CHAIRMAN KAUFMAN: Okay. MS. DAVIDSON: So there is no contractor on record. CHAIRMAN KAUFMAN: Okay. So the permit had to be pulled by you -- you. The only way you can have a permit is if it's done owner/builder, as Colleen just mentioned, or a contractor. That's how building permits are pulled. MS. VITAL: Okay. CHAIRMAN KAUFMAN: So originally -- and we go back to when, Joe? February 23, 2023 Page 86 MR. MUCHA: This is 2011 -- or 2019, geez. CHAIRMAN KAUFMAN: So three years ago, almost four years ago, you pulled a contract -- pulled a permit? MS. BUZIGO: Yes. CHAIRMAN KAUFMAN: But the work was never finished. MS. BUZIGO: Actually, she -- the first building permit, that was for the backyard, for fence. She started working on the bathroom, like, probably -- CHAIRMAN KAUFMAN: You said "she." You mean -- MS. BUZIGO: My mother started -- well, she got a permit for the bathroom recently for -- I say, like, last year. CHAIRMAN KAUFMAN: So three years ago, I don't understand. Did you try to pull a permit then or -- MS. BUZIGO: Three years ago she did -- I think so. She did try to build [sic] a permit for her backyard fence to fence out her -- CHAIRMAN KAUFMAN: No. I'm not talking about the fence. I'm talking about the wall in the bathroom. MS. CURLEY: Mr. Chairman, I asked her this, and she answered it. I asked her what -- in -- CHAIRMAN KAUFMAN: Well, I'm asking it now, okay? MS. CURLEY: She said she did not. MR. RUBENSTEIN: I have a question. MS. CURLEY: You're badgering her. CHAIRMAN KAUFMAN: Go ahead. MR. RUBENSTEIN: Did you pay anybody to do the work that's been done without the permit, or did you do the work yourself? MS. VITAL: Habitat said -- MR. WHITE: You want to be on the microphone, family, please. Thank you. MS. VITAL: Habitat pay him to do the construction in the house for me when the hurricane come in, and then I call February 23, 2023 Page 87 someone -- Habitat give me the phone number. I call him -- I called this company, but when I called the company, that's him insure [sic] me for the job, and so he said -- MR. RUBENSTEIN: Did you pay them any money? MS. VITAL: No, not pay him any money in my hand. Only the company -- the Habitat, the insurance send the money to me. The Habitat keep the money until the job done. When him need money to buy material, the Habitat give him the money. I'm not giving him money in my hand. MR. RUBENSTEIN: Thank you. MS. VITAL: You're welcome. CHAIRMAN KAUFMAN: Well, we've gotten to the point where it's a violation, and it's been a violation for years. Do you have any plans to bring this under a legal status? MS. BUZIGO: I would say give us about two months, and there will be progress on the bathroom. CHAIRMAN KAUFMAN: What's going to happen within two months? MS. BUZIGO: Well, within two months, we will get an architect or engineer to check out the bathrooms, then get all the inspections done, and anything that has to be done, we'll get it done. CHAIRMAN KAUFMAN: Okay. I'd be willing to give you two months to get it done, but I'll tell you, if you're back here in two months and it's not been done, I will recommend or make a motion to impose the fine. So that's how I feel. The rest of the Board? MR. RUBENSTEIN: I don't know what's going to change in two months. MS. CURLEY: I feel like we set them up to fail 600 days, so giving them an extra two more months to fail again -- MR. FUENTES: I actually know your mom. I used to work February 23, 2023 Page 88 with her at Physicians Regional. She's a hardworking woman. MS. VITAL: I remember you, too, John. How you doing? MR. FUENTES: She can't do it in two months. It's a Habitat Humanity home. MS. CURLEY: There's such a -- convoluted story lines here. MR. FUENTES: I would ask that you guys work on communication with Joe, okay. That's the only thing that I didn't like. And I understand, but -- MR. WHITE: And, Mr. Chairman, if I may, as to staff, it would seem that if you haven't already spoken with someone at Habitat to try to unravel that thread relative to this, that may be prudent and helpful as well. MS. CURLEY: And do we have an unlicensed contractor issue? I mean, did Habitat refer somebody? MR. WHITE: I believe there is information that Ms. Davidson can share there, but because the testimony is that it's owner/builder, I don't want to prejudice that case on the contractor's side by bringing that into this case. MS. CURLEY: I thought she said it was owner/builder, the one that was opened up last September. MS. DAVIDSON: In 2019 there was an owner/builder permit applied for. In 2019 Contractor Licensing was involved, and a citation was issued. MR. FUENTES: I'd like to make a motion. CHAIRMAN KAUFMAN: Go ahead. MR. FUENTES: I'd like to make a motion to grant a continuance of six months. MS. ELROD: I'll second. MR. RUBENSTEIN: For the work to be completed? MR. FUENTES: Oh, yeah, to come into compliance. CHAIRMAN KAUFMAN: Okay. We have a motion, and we February 23, 2023 Page 89 have a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? Aye. MS. CURLEY: (No verbal response.) MR. AYASUN: (No verbal response.) MR. WHITE: Can you announce the vote, Mr. Chairman? MS. CURLEY: No. CHAIRMAN KAUFMAN: No, no, no (indicating). MR. WHITE: 3-3. CHAIRMAN KAUFMAN: Three for three, motion fails. MR. WHITE: Thank you, sir. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: So maybe a compromising. We can maybe drop down to -- what do you guys think, maybe -- CHAIRMAN KAUFMAN: Three months. MR. FUENTES: You know, it's not going to pass in three. We're setting them up for failure. CHAIRMAN KAUFMAN: Well, I'll tell you, what I'd like to see -- MR. FUENTES: Four and a half? Four? CHAIRMAN KAUFMAN: -- is progress, progress. Nothing has happened in three years, so... MR. FUENTES: They're promising me that they're going to communicate with Joe. CHAIRMAN KAUFMAN: No, I expect that they would come back and say, we hired an architect or whatever, and we're doing this, and this is what was done, something, but nothing has been done in years. So that's why I -- as Ms. Curley said, we don't want to set February 23, 2023 Page 90 them up to fail. MS. RUIZ: Let's do four months. MR. RUBENSTEIN: I have a question. MR. FUENTES: Let's do four. Cut down the middle. CHAIRMAN KAUFMAN: Yes, sir. MR. RUBENSTEIN: I have a question for Patrick. This is a Habitat for Humanity home. MR. WHITE: They were the original contractor, as I understand the testimony, yes. MR. RUBENSTEIN: All right. I don't believe there's a mortgage on it, is there? MR. WHITE: I couldn't tell you. I don't have any of those facts. MR. RUBENSTEIN: Is there a lienholder on your property? Do you make payments to the bank? MS. VITAL: Every month I make payment in the Habitat. MR. RUBENSTEIN: To Habitat? MS. VITAL: Yeah. MR. RUBENSTEIN: Okay. If we impose these fines -- question. I'm coming around the long way on this. I know there's motions for continuances, but if down the road the fines are imposed, does the county have the right to lien a Habitat for Humanity home? MR. WHITE: I believe so. They would be well within their authority to file a certified copy of the order of imposition. According to state law, that, in a sense, ripens into a lien. And at that point if the Board of County Commissioners ordered the County Attorney to foreclose on the lien, they'd attempt to do so. But if this is homestead property, which it more likely than not is -- CHAIRMAN KAUFMAN: You can't foreclose on it. MR. WHITE: -- it's a dead-end. February 23, 2023 Page 91 MR. RUBENSTEIN: Right. And there's a first mortgage. MR. WHITE: I don't know whether it's a mortgage or some other form of contract between the Habitat for Humanity entity and their individual homeowners. There may be, for example, some type of funds that were pledged either through the county or otherwise that are beyond my knowledge today. MR. RUBENSTEIN: Yeah. And the reason I'm asking, Mr. Chairman, is because I don't see any continuance leading to a good, successful conclusion that hasn't happened already, and I don't think the respondent is capable of paying anywhere near this $72,000. CHAIRMAN KAUFMAN: That's not part of -- MR. RUBENSTEIN: I know. MR. FUENTES: So I'll do another one. I'd like to call one more. I lost the first one, so let's make a second attempt. A continuance for four months for you guys to come into compliance. MS. VITAL: Okay. CHAIRMAN KAUFMAN: A continuation for four months? MR. FUENTES: Continuation. CHAIRMAN KAUFMAN: And we have a second? MR. AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Okay. Opposed? (No response.) MS. VITAL: Thank you so much. CHAIRMAN KAUFMAN: You have four months. If you February 23, 2023 Page 92 come back here in four months, you need to show us what's been done. MR. RUBENSTEIN: But the meter's still running. MR. FUENTES: And if Joe says that you guys aren't trying to communicate, that will be -- CHAIRMAN KAUFMAN: A bad thing. MR. FUENTES: That won't be a good thing. MS. VITAL: Thank you, John. Thank you. CHAIRMAN KAUFMAN: Okay. Thank you. Okay, Helen. MS. BUCHILLON: Next case, No. 4, CESD20200006363, Miguel Arroyo. CHAIRMAN KAUFMAN: We're still in imposition? MS. BUCHILLON: Yes, sir. 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. WILLIAMS: I do. MR. ARROYO: I do. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. MR. ARROYO: Good morning. I'm Miguel Arroyo, and I'm here representing my father. CHAIRMAN KAUFMAN: And you have his permission to represent him? MR. ARROYO: Correct. CHAIRMAN KAUFMAN: Okay. MR. WILLIAMS: My name is Doug Williams, for the record. Past order: On April 23rd, 2021, the Code Enforcement Board issued a finding of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinance and February 23, 2023 Page 93 ordered to correct the violation. See the attached order of the Board, OR5944, Page 1398, for more information. On January 27th, 2022, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents and Images for more information. On March 24th, 2022, the Board -- 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 February 23rd, 2023. Fines and costs to date are as follows: Fines have -- fines have accrued at a rate of 100 per day -- $100 per day for a period from August 22nd, 2021, to February 23rd, 2023, 551 days, for a total fine amount of $55,100. Fines continue to accrue. Previous assessment: Operational costs of 59.21 has been paid. Operational costs for today's hearing: 59.84. Total amount: $55,159.84. CHAIRMAN KAUFMAN: Okay. Sir, what's going on? MR. ARROYO: Good morning. Unfortunately, I'm here again. This time I'm here just looking for a continuance. We got a new Code Enforcement officer that pretty much took over the case. It used to be John. I was getting ahold of John. He wasn't getting back to me. And explains why he's not here in the county anymore. So I got ahold of Renald. We got the permit extension until the 23rd of March. So what he told me is if I could pass just one inspection for the shed, I could keep going with that permit. So right now all I'm looking for is just a continuance just so I could call in inspections for the shed. The demo, the addition's done, completed. The only thing we're looking at right now is just the shed. And I have to pass permits for that. CHAIRMAN KAUFMAN: Have any of the permits been February 23, 2023 Page 94 CO'ed? MR. ARROYO: That I know, no. MS. CURLEY: Well, the good thing is you demoed it because you figured you couldn't keep it, right? MR. ARROYO: Yeah. MS. CURLEY: That's good. MR. FUENTES: Joe wants to talk. CHAIRMAN KAUFMAN: Joe? 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. I just to -- for the record, Joe Mucha, supervisor, Collier County Code Enforcement. The demolition permit for the entryway has been done and finaled. So one permit -- one issue's been taken care of, finaled. It's just the garage we're dealing with at this point. CHAIRMAN KAUFMAN: The garage itself? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: That's still in violation? MR. MUCHA: Yes. He has, like he said, an issued permit. It's valid till March. He just needs to start getting some inspections done. CHAIRMAN KAUFMAN: Are you saying that your permit for the garage has been extended to March? MR. ARROYO: Correct, March 23rd. CHAIRMAN KAUFMAN: Okay. Have you seen that? MR. MUCHA: Yes. CHAIRMAN KAUFMAN: So if that's the case, we're premature on this -- MR. WHITE: Well, I think, Mr. Chairman and Board February 23, 2023 Page 95 members, the factual information that may be missing from your consideration is how long it's going to take after he gets that inspection, and if he does continue the building permit, to actually finish the work, get the final inspections, and CO. There's no testimony about that, and perhaps you can help us with that. MR. ARROYO: Okay. Well, I wouldn't know to give you an amount -- period of time for the same reason he says until I file an inspection and I call in so that way they could go and check. They said I have an extended six-month. So within those six months, I still have to get all the inspections called in, and that includes the final inspection. MR. WHITE: What construction work remains to be done? What do you need to do? MR. ARROYO: Well, the shed is built. I just need to pass the permits. It was -- CHAIRMAN KAUFMAN: The shed's built. Have you had inspections on the shed? MR. ARROYO: I don't think so. MS. CURLEY: Let's check with the county. MR. ARROYO: I know a permit was pulled. They went and checked flood, see if it was going to be in a flood zone, and that's fine. I know -- they just had to call in inspections for the inside of the shed, since it's still pretty much naked. It's only just the bearings. MR. WHITE: You're saying "shed." MR. ARROYO: Yeah. MR. WHITE: The violation is for a 12-by-16 -- let me finish, please. MR. ARROYO: Yes. MR. WHITE: Can you just help us understand the difference between a 16-by-12 detached garage and what you're calling a shed. MR. ARROYO: It's not a garage. It's not attached to the February 23, 2023 Page 96 house. It's apart from the house, so that's why I said it's like a shed. We don't use it to store or anybody stays there. It's just storage. MR. WHITE: In the most technical terms from the county's permitting and use perspective, it's an accessory structure. If you want to call it a shed, that's fine. MR. RUBENSTEIN: Wasn't this out in the parking lot? MR. ARROYO: No. MS. CURLEY: So I wanted to ask the county, so the March -- obviously March permit expiration is soon, and he mentioned a six-month immediate extension or something like that. If we offered him four months, which seems to be the jiving number today, do you think that that would, like, aid him to get to his execution date, or would that bring him back here? Because I don't want to see him again. MR. WILLIAMS: I think it would, because I think basically what he's -- he needs to start some of the inspections, because you're right, the permit's issued. So it's just -- you've got to call the inspections and have the inspections come in. CHAIRMAN KAUFMAN: He's going to be back here one way or another, because there are fines, and this -- we're not going to do anything to close this case. It hasn't been abated. It has to be abated before you can close it. MS. CURLEY: So I make a motion to continue this for four months at which time we hope you have this completed beforehand. You will have to come back, but you'll be smiling when you come back, because you'll be all finished. MR. ARROYO: Yeah, definitely. MS. CURLEY: And then we will discuss the fines at that time, assuming everything's done. Second on that one? MR. FUENTES: Second. February 23, 2023 Page 97 CHAIRMAN KAUFMAN: We have a motion and a second to grant a four-month continuance. All those in favor? MS. ELROD: Aye. MR. AYASUN: Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Nay. MR. FUENTES: She said four months. You can't nay that. It's the driving number today. MS. CURLEY: Victory. MS. ELROD: It passes. CHAIRMAN KAUFMAN: Okay. When you come back, you better have all your T's crossed and your I's dotted to say this is where we are. MR. ARROYO: No problem. We'll follow all of them as inspections, as many as we can. Thank you. CHAIRMAN KAUFMAN: Okay. Helen? MS. BUCHILLON: We're done. CHAIRMAN KAUFMAN: We are done. MS. CURLEY: Mr. Board Member, Board Chairman? CHAIRMAN KAUFMAN: Yes. MS. CURLEY: Who's the new guy? CHAIRMAN KAUFMAN: I've never seen him. MS. CURLEY: He's new. MS. BUCHILLON: Number -- wait, hold on. Oh, yeah. Okay, I'm sorry. I am so sorry. CHAIRMAN KAUFMAN: We're almost done. MS. BUCHILLON: And I looked over everything. Under hearings -- I'm sorry -- No. 3, CENA20220004559, February 23, 2023 Page 98 United Props, LLC. CHAIRMAN KAUFMAN: Hearing No. 9; is that correct? MS. ELROD: Number 3. MS. BUCHILLON: Number 3. CHAIRMAN KAUFMAN: I'm sorry, 3, United Properties. I almost went home, but I guess Jordann doesn't want us to go home. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. CHAIRMAN KAUFMAN: Let the record show respondent is not present. And, Helen, notification? MS. BUCHILLON: For the record, respondents were notified regular and certified mail February 8th, 2023. It was also posted at the property and courthouse February 10th, 2023. CHAIRMAN KAUFMAN: Okay. Present your case. MR. MARINOS: Yes, sir. For the record, Investigator Chuck Marinos, Collier County Code Enforcement. This is in reference to Case No. CENA20220004559 dealing with violations of Collier County Land Development Code 04-41, as amended, Section 1.04.01(A), Section 2.02.03, and the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179, and Section 54-181. Service was given on October 19th, 2022. This case originated as a complaint. On May 16th, 2022, Investigator Bill Shanahan responded to a complaint for a residential property in a state of disrepair and covered in construction debris. On site, Investigator Shanahan noted litter and debris strewn to the sides and rear of the primary structure consisting of but not limited to the following: Vinyl siding, plastic sheeting/scrap, wood February 23, 2023 Page 99 pallets, rusted metal, and hardware; assorted demolition-type waste. On May 23rd, 2022, Investigator Shanahan made contact with United Props' owner, Harry Joseph, who was managing the property. Mr. Joseph stated that cleanup efforts were being coordinated. From that point, no cleanup efforts were observed, and contact was soon lost as all attempts to contact Mr. Joseph or the maintenance manager, Colin Gelb, have gone unanswered since June 8th, 2022. I inherited this case on August 11th, 2022, and upon site inspection, as well as case review, did note that the condition appears to have not changed. On October 19th, 2022, I posted a notice of violation on the property as well as at the Collier County Courthouse. As of February 22nd, 2023, site condition remains unchanged, and no one responsible for the property has returned any contact attempts. Violation remains. CHAIRMAN KAUFMAN: So you have not been in contact with Marinos [sic], the owner of the property? MR. MARINOS: United Props, Harry Joseph. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Mr. Marinos is -- MR. MARINOS: I'm -- CHAIRMAN KAUFMAN: The principal? MR. MARINOS: I'm Investigator Chuck Marinos. CHAIRMAN KAUFMAN: I'm sorry. MS. CURLEY: The next -- the name's right below the -- CHAIRMAN KAUFMAN: So you have pictures for us? MR. MARINOS: Yes. I would now like to present case evidence in the following exhibits. One picture taken by Investigator Shanahan on May 16th, 2022, showing initial conditions. February 23, 2023 Page 100 CHAIRMAN KAUFMAN: Hold on one second. Get a motion from the Board to accept the picture. MS. ELROD: I'll make a motion to accept the pictures. MR. WHITE: Mr. Chairman, I would just ask Mr. Marinos, as he testified, to confirm that the property looks essentially the same today. MR. MARINOS: It does, and we will see that in future evidence as well. CHAIRMAN KAUFMAN: We have a motion to accept the photos. MR. AYASUN: Second. CHAIRMAN KAUFMAN: And it's seconded. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. What's the problem? MS. CURLEY: Looks good to me. MR. MARINOS: So that was initial conditions on May 16th, 2022. In addition, one picture taken by myself on August 11th, 2022, showing transfer conditions. And one picture taken by myself on February 22nd, 2023, showing current conditions. MS. CURLEY: Is there no siding on the house? MR. MARINOS: All the siding's ripped off. MS. CURLEY: Is it a mobile? February 23, 2023 Page 101 MR. MARINOS: It's not a mobile home, no, ma'am. CHAIRMAN KAUFMANN: Okay. Anybody want to make a motion a violation exists? MS. ELROD: I'll make a motion a violation exists. CHAIRMAN KAUFMAN: We have a motion. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have a suggestion for us? MR. MARINOS: I certainly do; that the Special Magistrate orders respondent to -- CHAIRMAN KAUFMAN: Ut, ut. The Board. MR. MARINOS: Oh, sorry. CHAIRMAN KAUFMAN: Special Magistrate's not due till Friday, I think. MR. MARINOS: My goodness. How did that happen? Fair enough. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by removing all unauthorized accumulation of litter and all other items not permitted for outside storage to a site designated for such use or store desired items in a completely enclosed structure within blank February 23, 2023 Page 102 days of this hearing, or a fine of blank will be imposed for each day the violation remains. And the respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want -- MS. CURLEY: Is this in a neighborhood? CHAIRMAN KAUFMAN: Anybody want -- MR. MARINOS: Yes, ma'am. There are -- the neighbor was the original complainant. CHAIRMAN KAUFMAN: Sue, in the future, would you ask your questions through the Chair to go so that we don't step on each other? Okay. I was going to ask if anybody would like to fill in the blanks on this. How many days? How many dollars? And the 59.28 paid within 30 days. MR. MARINOS: If I could speak just very briefly to the magnitude of the violation. This has been, A, no contact but, B, it has sat there for a long time with no advancement whatsoever, and there's a current case that goes along with it as well. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So I have a question. CHAIRMAN KAUFMAN: Go ahead. MS. CURLEY: And it was before -- I thought that the question was poignant before we fill in the blanks, which was your question after mine was -- has anyone checked to see if this is in probate? February 23, 2023 Page 103 Has the owner of the property passed away? I mean, do we know anything like that? MR. MARINOS: No, there's actually -- it is not in probate. The owner has not passed away. We don't know what the intentions of United Props, LLC, is with the property. When the case was originally opened, there was a mother-in-law suite and a pool permit that were, I believe -- I believe applied for at the time but not issued. But those have both been abandoned and dumped, and nothing's been done with the property since. MR. RUBENSTEIN: I'll make a motion, Mr. Chairman. CHAIRMAN KAUFMAN: Yes. MR. RUBENSTEIN: Thirty days, 250 per day, plus the 59 -- CHAIRMAN KAUFMAN: Twenty-eight paid within 30 days. MR. RUBENSTEIN: Plus tax, yeah. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a second. Any comments on the motion? (No response.) CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. RUBENSTEIN: Aye. MR. AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. February 23, 2023 Page 104 MS. CURLEY: I just have a question about the language about if it doesn't get fixed, then the county will go in. I mean, I just think out of respect -- and that was, again, why I asked if it was in a neighborhood, because we should be sure that we use the powers of the county to clean up what at least is the debris everywhere for the neighboring people, especially the complainant, since it's been sitting for so long. So is that worded in such a way that that can work on behalf of the community? MR. MARINOS: Yes, ma'am. We have the ability to go through an NA process and have that abated by the county ourselves. CHAIRMAN KAUFMAN: That's up to the county whether they want to do it or not. MR. RUBENSTEIN: Does that have to be part of the motion? MR. WHITE: No, it -- MS. CURLEY: It is. CHAIRMAN KAUFMAN: It's the end of the motion. MR. WHITE: Yes, it's a standard provision in every one of the orders for these types of finding-of-fact violations. MR. AYASUN: The Chairman reads it up front in the beginning. MR. WHITE: I understand. CHAIRMAN KAUFMAN: Okay. Any comments, questions from the Board? Are we done, Helen? MS. BUCHILLON: We are. MR. WHITE: Almost. Almost. MS. BUCHILLON: This time we are. CHAIRMAN KAUFMAN: Who's the almost? MR. WHITE: I understand Helen says you’re done, but sorry. Just, if we may, are there any cases that you're requesting be forwarded to the County Attorney's Office -- February 23, 2023 Page 105 MS. BUCHILLON: No. MR. WHITE: -- under consent? There's zero. MS. BUCHILLON: No. MR. WHITE: Then I just have some information regarding future meetings, Mr. Chairman. CHAIRMAN KAUFMAN: Okay. MR. WHITE: My contract through your contract [sic] expires the end of the June. In the end of June, the date of your hearings, I expect to be down in the Florida Keys with a bunch of Boy Scouts doing a high-adventure project. CHAIRMAN KAUFMAN: Do you want us to put up a tent? MR. WHITE: I have arranged, and with your agreement and acquiescence, Patrick Neale has agreed to sit in my chair for that hearing date. Because it is also the last of the months of my three-year contract, I'm at this point unsure, because of other commitments our family's made, that I'm going to seek to continue to be your attorney after the May hearings. So I just wanted to put that on the record so that everybody's got the information and we're all on the same page. CHAIRMAN KAUFMAN: Okay. If anybody has a problem with Patrick being replaced by Neale, speak now or forever hold your peace. MR. WHITE: Well, he's only your Special Magistrate, I mean, you know. CHAIRMAN KAUFMAN: Okay. Well, to answer your question, it doesn't look like the Board has any problem with that. MR. WHITE: Very good. Thank you, all. Appreciate your service. CHAIRMAN KAUFMAN: Okay. We are adjourned. ***** February 23, 2023 Page 106 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:51 a.m. CODE ENFORCEMENT BOARD ___________________________________ ROBERT KAUFMAN, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER These minutes approved by the Board on ____________, 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. RO RT KA .F , CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER These minutes approved by the Board on ada,' �3,,�a23, as presented X or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.