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CEB Minutes 03/23/2023March 23, 2023 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, March 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 Lee Rubenstein Kathleen Elrod (Excused) Tarik N. Ayasun (Excused) Zully Ruiz, (Excused) James York, (Absent) Danny Blanco (Absent) ALSO PRESENT: Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Patrick White, Attorney to the Board March 23, 2023 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. The reason we're starting late is we were waiting for a couple more members of the Board to arrive; however, we will start. Notice: That 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. And any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. I'd like everybody to stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Helen, why don't we start with the roll call. MS. BUCHILLON: Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Sue Curley? MS. CURLEY: Here. MS. BUCHILLON: Mr. John Fuentes? MR. FUENTES: Here. MS. BUCHILLON: Mr. Lee Rubenstein? MR. RUBENSTEIN: Here. March 23, 2023 Page 3 MS. BUCHILLON: And Kathleen Elrod is excused, Ms. Zully Ruiz is excused, and we're still waiting on Mr. York and Mr. Blanco and Tarik. CHAIRMAN KAUFMAN: Okay. So let's go to any changes in the agenda. MS. BUCHILLON: Yes, sir. We have three stipulations. The first stipulation under hearings, No. 2, CESD20230000061, Paradise Enter of Goodland, LLC. Number 3, CESD, 20210013392, VJL Properties, LLC. Number 4, CESD20220006947, Caridad Molina Estate. Those are all the stipulations. We also have a couple of withdrawns. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under public hearings, hearings, No. 1, CESD20220002395, Joel Cruz Alpizar and Maitte Dominguez Farias, has been withdrawn due to compliance efforts. Number 5, CELU20230000453, Naples ALF, Inc. Now under old business, motion for imposition of fines -- number -- number -- no, we don't have none there. I'm sorry. Those are the only two withdrawn. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Just a point of clarification, so No. 5, Naples ALF, Inc., is withdrawn? CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Yes, ma'am. CHAIRMAN KAUFMAN: Sue, they can't hear you. You've got to put the microphone closer to you. I know that's a surprise to you, but Terri can't hear you. Okay. We're going to start out with the stips, or do you want to start out with the motions for extension of time? MS. BUCHILLON: Either/or. I mean... March 23, 2023 Page 4 CHAIRMAN KAUFMAN: Let's start with the stips. MS. BUCHILLON: The stips, okay. First stipulation, No. 2, CESD20230000061, Paradise Enter of Goodland, 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. PARADISE: I do. MR. WILLIAMS: I do. CHAIRMAN KAUFMAN: Can you please adjust the mic closer to you and give us your name. MR. PARADISE: Yes, sir. CHAIRMAN KAUFMAN: Give us your name. MR. PARADISE: James Paradise, Jr., with Paradise Found Restaurant and Bar, Paradise Enterprises of Goodland. CHAIRMAN KAUFMAN: So you have the right name for the business. MR. PARADISE: Yes, sir. CHAIRMAN KAUFMAN: Okay. Why don't we read the stipulation into the record first. You're Doug? MR. WILLIAMS: Doug Williams. CHAIRMAN KAUFMAN: Doug Williams. Okay, Doug. MR. WILLIAMS: Therefore, it is agreed that the parties shall -- the parties that -- the respondent shall pay operational costs in the amount of $59.28 incurred in this prosecution of the case within 30 days of this hearing; Number 2, must obtain all required Collier County permits or demolition permits and request all inspections through certificate of completion for described plumbing work performed within 90 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; March 23, 2023 Page 5 Respondent must notify Code Enforcement within 24 hours of abatement of this violation and request the investigator to perform a site inspection to confirm the 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. So this was a -- the violation was unpermitted plumbing work? MR. WILLIAMS: Correct. CHAIRMAN KAUFMAN: Okay. You understand what you signed as the stipulation? MR. PARADISE: Yes. Yes, we do, sir. CHAIRMAN KAUFMAN: Okay. And you have 90 days to come into compliance. Any problem with that? MR. PARADISE: I don't believe so, correct. We've got a plumber coming out to inspect the job again, pull permits. He's coming out on Thursday next week, so the timing should be good, yes. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. MR. FUENTES: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? March 23, 2023 Page 6 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. PARADISE: Thank you. CHAIRMAN KAUFMAN: Thank you. MR. WHITE: Mr. Chairman, I may have missed, but did you-all approve your minutes and modify the agenda as per staff's recommendation? CHAIRMAN KAUFMAN: Okay. I read the minutes. Anybody have any changes in the minutes? (No response.) CHAIRMAN KAUFMAN: Hearing none, someone like to make a motion to accept the minutes? MR. RUBENSTEIN: Do call. CHAIRMAN KAUFMAN: Okay. Second? MR. FUENTES: Second. CHAIRMAN KAUFMAN: All those in favor? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. As far as the agenda, the modifications that Helen read, does someone want to make a motion to accept the agenda as modified? MR. FUENTES: Motion to accept the agenda as modified. MS. CURLEY: Second. CHAIRMAN KAUFMAN: All those in favor? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) March 23, 2023 Page 7 MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Okay. I know Jeff wants to say something or wait till after the stipulations, and then you -- MR. LETOURNEAU: No problem. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next stipulation, No. 3, CESD20210013392, VJL Properties, LLC. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. CATHEY: I do. MR. LUBACZEWSKI: I do. CHAIRMAN KAUFMAN: Good morning. MR. LUBACZEWSKI: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the mic for us. MR. LUBACZEWSKI: Irenevsz Lubaczewski. I go by Eric Lubaczewski. CHAIRMAN KAUFMAN: Okay, Eric. And this was a violation of unpermitted windows and doors? MR. LUBACZEWSKI: Correct. MR. CATHEY: Yes. CHAIRMAN KAUFMAN: Do you want to read this stipulation into the record for us? MR. CATHEY: Yes. For the record, Ryan Cathey, Collier County Code Enforcement. March 23, 2023 Page 8 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; Two, abate all violations by: Obtain all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted windows and door within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Let me ask a quick question or two. How many doors or windows are we talking about? MR. CATHEY: I'd have to look at the case for the number of windows. MR. LUBACZEWSKI: Seven windows. CHAIRMAN KAUFMAN: Seven windows. It's going to take four months? MR. CATHEY: This is the time me and the respondent agreed to, so... CHAIRMAN KAUFMAN: I understand. MR. CATHEY: It could be done sooner than that. CHAIRMAN KAUFMAN: Okay. Okay. MR. LUBACZEWSKI: Can I add to this? CHAIRMAN KAUFMAN: Sure, go ahead. MR. LUBACZEWSKI: We had an issue with -- apparently, March 23, 2023 Page 9 there are shutters on the building, and we could not find the permit for the shutters that was done by the prior owner. It was filed by the wrong address. We just obtained the file yesterday from the records showing that the address was actually changed and everything's good. So, I mean, we're expecting to file this ASAP. We only agreed to -- we only asked for four months because we didn't know where the shutter issue was going to go. But yesterday the records gave us a full file, and then also we hired an independent inspector/engineer to certify that the shutters are still good with the code. So we have everything right now. We're, you know, assuming we're going to file this within the next week or so. CHAIRMAN KAUFMAN: Okay, fine. So you have no problem meeting the four months, then? MR. LUBACZEWSKI: Not at all. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion on this? MS. CURLEY: I will make a motion to accept the stipulation as written. MR. RUBENSTEIN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. LUBACZEWSKI: Thank you very much. Thank you. March 23, 2023 Page 10 MR. CATHEY: Thank you. CHAIRMAN KAUFMAN: And the last stipulation, No. 4. MS. BUCHILLON: Yes, sir. No. 4, CESD20220006947, Caridad Molina Estate. CHAIRMAN KAUFMAN: Good morning. Let the record show the respondent is not present. 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: Helen, the notification was done? MS. BUCHILLON: Respondents were notified regular and certified mail on March 6th, 2023, and it was also posted on the property and courthouse March 2nd, 2023. CHAIRMAN KAUFMAN: Okay. So you want to read the stipulation into the record for us? MR. MARINOS: Yes, sir. For the record, Investigator Chuck Marinos. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and replacement -- replacement and -- A/C replacement within 90 days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; Three, the respondent must notify Code Enforcement within 24 hours of the violation -- of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Four, that if the respondent fails to abate the violation, the March 23, 2023 Page 11 county may abate the violation using anything 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: That the violation was what? MR. MARINOS: Need permits for a condo kitchen renovation, along with A/C and a breaker panel. CHAIRMAN KAUFMAN: Okay. And the respondent, I guess, met with you prior to? MR. MARINOS: Yes, sir. We met yesterday and discussed the stipulation, and they agreed to 90 days. CHAIRMAN KAUFMAN: Okay. Does that seem reasonable to you? MR. MARINOS: It certainly does. Two of the permits are in process. The third one is a cabinet, like for like, with only one plumbing fixture change-out. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion on this? MS. CURLEY: I'll make a motion to accept the stipulation as written. MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: And opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. March 23, 2023 Page 12 Jeff, I was kind of treading water until some more members of the Board showed up for your -- MR. LETOURNEAU: Yeah. I really wanted to make this statement for some of the newer members of the Board, but I can still make it at this point for you guys. CHAIRMAN KAUFMAN: Make it now, or you can wait till later. Either way is good for us. MR. LETOURNEAU: No. I'll make a speech right now. For the record, Jeff Letourneau, Collier County Code Enforcement. There's been some discussion regarding impositions amongst the county. I don't know if you guys are aware of that. What I wanted to say is Code Enforcement is bound by Florida Statute to give a reasonable time on a code case, and we do that in Collier County. We give what I feel is more than a reasonable amount of time for a respondent to come into compliance. If we feel that they're not moving forward, we bring the case before the Code Enforcement Board or the Special Magistrate. We try to find -- present the case to you, you find if there's a violation and, once again, you guys give reasonable time to the respondent at that point. If the respondent can't come into compliance in the time you give them, obviously the fines start accruing, and Code is bound to bring that -- once it's in compliance or even when it's not in compliance, Code is bound to bring that back to you for an imposition of fines. Now, it's -- you can ask me, or you can ask the investigator during that process, hey, what do you guys feel. We really can only answer a couple things, whether or not it was a health and safety issue or there was a lot of community interest in that particular code case. The majority of the responsibility for explaining why something March 23, 2023 Page 13 took so long belongs to the respondent. They need to come in here and say, hey, hurricane, COVID, whatever it was, health, they need to convince you guys that, yeah, the whole amount of fine probably shouldn't be levied at that time because I had these mitigating circumstances. Obviously, it's up to you guys to ask the correct questions if they're not coming forward with a lot of this stuff. I just wanted to make that point is it's really not the county that is the deciding factor in that. It's the respondent that needs to tell you guys why they couldn't come into compliance on time. So that gives you the basis on whether or not you're going to, you know, levy the whole fine, part of the fine, or erase the fine, okay? CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: That's all I had to say. I thought there might have been some confusion amongst the newer members here. MR. FUENTES: So if I'm understanding correctly, violate everybody is what you're saying? MR. LETOURNEAU: No, no, no. I just wanted to say that it's really not -- we're the, per se, prosecutors. We're bound to bring the whole amount of fine in here. It's really up to the respondent to convince you guys not to levy the whole amount of fine. MS. CURLEY: I have one point of clarification. Are you speaking only of when the -- when we're at the -- at the fining process? That's -- MR. LETOURNEAU: Yeah, the imposition of fines. That's what -- I'm talking about the imposition of fines, when you have the responsibility either to levy the whole fine, levy a percentage of the fine, or waive the fine at that time. But it's really up to the respondent to tell you why they couldn't come into compliance at the time you gave. Are you understanding? It's not really the county's -- you know, like I said, I could say, yeah, it was a health and safety issue. March 23, 2023 Page 14 I didn't feel they came into compliance in time due to the safety factor of it or, yeah, we had a lot of complainants, and it rose to the level of the commissioners' office and, yeah, there was a lot of heartburn amongst the neighbors due to this fine. I can say that, but I can't say -- you know, I don't know the whole circumstances of the respondent's problems. I don't know their health issues. I don't know if they hired somebody that ran -- took their money, a contractor or whatnot. That's up to them to tell you and convince you of that. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: I believe that that's how the Board actually has been operating for a long time. The respondent gets several bites out of the apple. MR. LETOURNEAU: Correct. CHAIRMAN KAUFMAN: You're notified you're in a violation, and if you don't do anything, it's prepared for the Board; that's Bite No. 2. If you don't do anything from when the Board finds you guilty or innocent, then you come back for the imposition of fines. MR. LETOURNEAU: Correct. CHAIRMAN KAUFMAN: That's Bite 3. And then they have further recourse should they need it. MR. LETOURNEAU: They do. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: But, you know, I just want to say the county is bound to bring the full amount of fines, and we are asking for the full amount of fines. It's up to you guys to make the decision whether or not you're going to do it. CHAIRMAN KAUFMAN: Correct. MR. LETOURNEAU: Thank you. MR. WHITE: If I may, if any of the Board are interested on March 23, 2023 Page 15 exactly what your rules say in regards to this, I'm happy to share that information with you. The only thing I would say about the county's position is that typically they have gone above and beyond when you see one of their summary sheets -- the executive summary sheets by providing you some of the factors that typically a respondent would be required to provide evidence about as to the factors that are to be weighed by the Board both at the time of considering a motion for reduction or abatement also the factors to consider when you are to impose those fines. There's two different sets. One of them's a little shorter than the other, mercifully. But originally, as we've talked before, the Board is in a position where it's asked to consider seven different factors, all to be presented by and through the respondents. Now, the issue in my mind is not so much one of what the prior practice has been and whether it's been appropriate or not. I believe it has. I believe it's been, you know, consistent with what your rules require, and, you know, given fundamental due process to all the respondents. The issue has been how the rules otherwise administer that process in terms of when and how the motion for reduction or abatement is to be presented to the Board, the timing of it, the substance of it, meaning it should be in writing as opposed to the prior practice where many times it's an oral presentation under oath that you're given the opportunity to consider and knowing that we've been in the works on revising your rules to try to clarify, simplify, and accommodate what has actually been more of the prior practice, the oral presentations at the hearing when the county comes forward and wants to impose. And so I'll wrap up by saying, those rules are still pending in terms of their amendment and consideration and approval by this Board. Knowing that my last meeting as your attorney will be in June, and that is likely to be one that may occur remotely because of March 23, 2023 Page 16 a prior commitment on my part, that leaves us with May and April to consider those amendments. And so what I'm saying to you today here in March's hearing is if it's the Board's direction to go forward with those modifications to the rules that will clarify, simplify, and be more consistent with your prior practice, I think it puts the Board in a more solid place should someone choose in the future to appeal a determination you may make about imposing fines. So all of that short version, if there's any questions, basically I'm agreeing with what the county's position is. I can certainly go through and, you know, remind you of what the initial set of factors are that the respondent is supposed to bring forward evidence on and, ultimately, what the four factors are that you're supposed to weigh whether you're going to impose or not. CHAIRMAN KAUFMAN: Last spring the modifications to our rules were made. The Board at that time agreed unanimously -- MR. WHITE: It was a conceptual approval, yes. CHAIRMAN KAUFMAN: -- for that. So I'm speaking for the Board. I think it's time to enact them. MR. WHITE: All right. I'll work with the County Attorney's Office and the Special Magistrate, Mr. Neale, to finalize at least the CEB's version of that to do our best to harmonize the two so that staff isn't in a position where they're, arguably, trying to follow two different sets of direction, and we'll hopefully bring that back for your consideration in April. You have to, essentially, review what it is that will be in the April docket packet hopefully, and then formally approve it in May and sign it, because that's what your rules require is a kind of the two-step process. And if there's no other questions, I'll -- CHAIRMAN KAUFMAN: You'll -- MR. WHITE: -- allow us to move on. March 23, 2023 Page 17 CHAIRMAN KAUFMAN: Okay. So, Helen, why don't we start with the motions for extension of time. MS. BUCHILLON: Yes, sir. Under public hearing, motion for extension of time, No. 1, CEROW20220005091, Sunward, LLC. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. CATHEY: I do. MS. WILLIS: I do. MR. LOEWEN: I do. CHAIRMAN KAUFMAN: Okay. You want to move the microphone so we can hear everybody. And if you would, state your name, each one of you. MS. WILLIS: Janice Willis of Supreme Services and More. MR. LOEWEN: Dusty Loewen. MS. WILLIS: We are representing Adam Thomas of Sunward, LLC. We are the contractor. CHAIRMAN KAUFMAN: You're the contractors. You have his permission? MS. WILLIS: Correct. CHAIRMAN KAUFMAN: Okay. And you are requesting additional time? MS. WILLIS: We would request a 60-day extension due to the fact that we were given one extension on September 22nd, I believe, by Code Enforcement direct to March 22nd, which was yesterday. With the hurricane coming and being contractors and other issues that came about, we weren't able to get to the -- get this finished in time. CHAIRMAN KAUFMAN: If you would, move the mic over. There you go. Ryan? March 23, 2023 Page 18 MR. CATHEY: Yes. CHAIRMAN KAUFMAN: Do you have any comments on this case? MR. CATHEY: Not really. It was heard back in September. They were given till March 21st. Compliance just came up. The owner sent me an email on March 7th requesting an extension. They're close to being done with this culvert repair. There was a part that needed to be ordered that wasn't going to be available in time to meet the original compliance date, which is why he requested an extension. I think Dusty can explain a little further on the project. They should be -- as far as their timetable, what they're thinking to get this thing wrapped up. CHAIRMAN KAUFMAN: Okay. Sixty days is reasonable in your estimation? MR. CATHEY: Yes. CHAIRMAN KAUFMAN: Okay. Anybody want to ask any questions or make a motion? MS. CURLEY: Well, can we -- the gentleman's here. Can we ask? MR. LOEWEN: Yes. MS. CURLEY: Can you further to what the county said? MR. LOEWEN: No. If we can get the 60-day extension granted, that would give us plenty of time. We do have all the parts and all the necessary equipment to get everything finished up in a proper amount of time. CHAIRMAN KAUFMAN: No safety or health on this? MR. CATHEY: No. MR. RUBENSTEIN: Make a motion to extend. MR. LETOURNEAU: Before -- I do want to say that I do believe that one of the neighbors is here, and we did receive an email that he was not happy with the length of time it was taking to get this March 23, 2023 Page 19 project done. I don't know if he wants to speak today or -- CHAIRMAN KAUFMAN: Okay. We don't have a slip, but we have no problem. 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. VELASQUEZ: I do. Thank you, Chairman. Thank you, Board members. CHAIRMAN KAUFMAN: Could you state your name on the microphone to begin with. MR. VELASQUEZ: My name is Vincent Velasquez. CHAIRMAN KAUFMAN: Okay. MR. VELASQUEZ: And I am the homeowner at 722. And the corporation that owns the business next to mine, this has been going on for a year and a half. The county has sent out vacuum trucks, sent out high-pressured sprayers, and this culvert is just filling up and filling up with dirt. I don't know who this gentleman is. I've seen him out there on my cameras before. I think Ryan went out there. A complaint was done in September of 2022. They got six months. I was shocked that they were actually given six months for a storm drain, a storm drain that moves the water all the way down from the block sep [sic] all the way up to 41. I live on the 700 block of 103rd. So this storm drain runs from Tamiami all the way down to Vanderbilt Drive, while I'm right in the middle -- while they literally -- well, they didn't, but their dirt has literally blocked -- I don't know if any of you have gotten pictures. Maybe nobody sent you any pictures of what I've sent. CHAIRMAN KAUFMAN: We haven't heard the case. That's -- MR. VELASQUEZ: I apologize. I thought maybe somebody March 23, 2023 Page 20 had forwarded you all my pictures. I sent about eight pictures to the county and maybe forward it to you folks, and maybe I'd have been ahead of this, but I apologize. I thought maybe you knew a little bit about this. CHAIRMAN KAUFMAN: Ordinarily, the case would come before the Board and -- with the photos and any other evidence. They'll show it on the screens. That's the time we would see that. MR. VELASQUEZ: Okay, sir. CHAIRMAN KAUFMAN: What's going on right now is the respondent, through their contractors, is asking for additional time before that case would come before us. MR. VELASQUEZ: Okay. Thank you. CHAIRMAN KAUFMAN: So that's the explanation of the pictures. MR. WHITE: My understanding, Mr. Chairman, is that you've issued an order finding violation, and they had time to correct, and then an extension. I may be in error about that. CHAIRMAN KAUFMAN: No, that's correct. So the pictures were viewed in the past. When were you hired to resolve the situation? MR. LOEWEN: What was the date? MS. WILLIS: We were hired -- I think it was September 10th. MR. LOEWEN: Twenty-second. MS. WILLIS: And we applied for a permit originally on September 20th. We had to -- I hope you can hear me. We had to reapply under a different scope per the county on 12/1 of '22. Permit was issued on 1/18 -- CHAIRMAN KAUFMAN: Okay. MS. WILLIS: -- of '23. CHAIRMAN KAUFMAN: Okay. Is it just clogged? Is that the problem? March 23, 2023 Page 21 MR. VELASQUEZ: It actually needs to be replaced. The county went out there, sir, and, like I said, high-power washed the inside, or sprayed it. They had a big vacuum truck. Nothing's moving. They came out. What happened was they left this ditch open between our homes, sir, and people have driven in there. It's a VRBO. And they've crushed the end of the pipe, so the pipe is totally crushed. And all the sand and sediments are in that opening, and this has been going on for a year and a half. And Collier County has done all they could to come -- and tried to open this waterway, sir, so it could run freely the way these storm drains are supposed to. CHAIRMAN KAUFMAN: So when you get rain, is it -- MR. VELASQUEZ: Oh, yeah. It just sits there, and it backs up. Now, I didn't go around knocking on the door of all the people above me to come over here and, you know, say, come down here and let's get this open so all of our water starts running according to what it's supposed to. But my point is -- also is this thing is stopping up. It's a corporation. They don't want to get this done because they rent that house out nightly, and I mean every night. So they do not want to take revenue away from this corporation. And that's why, you know, there's a lot of stalling, a lot of him-humming. And a year and a half, two years to get a storm -- that is an essential storm drain. I'm a little upset, because I can't believe we don't take a little bit more precedent of when it comes to stormwater drains to be repaired immediately instead of a two-year process. And we've got to come and do all this, and now they're asking for an extension when I think they weren't even legally [sic] to do the job. So they waited around nine months to find somebody who wasn't able to do the job, and now they're in here with another scope of the job. And this is a corporation. This is about money. This isn't about neighbors in a March 23, 2023 Page 22 community. This is about people making dollars on that business. Thank you. CHAIRMAN KAUFMAN: My first inclination is to say you can't rent the place anymore until you have the violation corrected. That's my first inclination. But I'd like to hear from the Board. MS. CURLEY: Thank you for coming. MR. VELASQUEZ: Thank you, ma'am, for listening. MS. CURLEY: And I didn't know that we could rent single-family homes by the night in a residential neighborhood in Collier County. MR. VELASQUEZ: Ma'am, it's -- no disrespect. I bet you 600 people have been in that home in nine months. They're from -- anywhere from one person to 14 people in that house. And don't get me wrong, I'm into VRBO'ing. Listen, I'll be the first one to come up here and tell you I love the idea, but there's just no control. This is probably the worst nightmare where a corporation like Sunward LCC [sic] out of Fort Wayne, Indiana -- I can't get a homeowner. I can't get rid of a -- I can't call a business person. I've got to wait for this gentleman to come up here, and myself, and speak. And he's about the only official member I've seen, and no disrespect to him. There's no management company. There's nobody in charge. Collier County can't find these folks. And here we are. And no disrespect to them. They're asking for what they need to. But I thought about going to the extreme of not having them rent that home, call Licensing. But, you know, I'm just hoping this gets back to order, and we can get the flow of water for the people that this storm drain helps participate. This is part of a storm grid. This thing is used for all of us to move water. And it isn't their fault. It's the fault of the company that's out of Fort Wayne, Indiana, that refuses to stop and do the job and open up the driveway, if I'm March 23, 2023 Page 23 correct, to put this pipe in. It's about a 14-inch diameter pipe. And they need to stop renting that house for this man to get this job done and -- but they don't want that money to come out of their pocket, sir. So I think that's what it's all about. And thank you, and I don't mean to take a lot of your time. MR. LETOURNEAU: Mr. Chairman, a couple things. I do have a picture of the current status if they don't have any objection to putting it up and, No. 2, I do have a tendency to see both sides here, and the county would be more comfortable with a 30-day -- if you're going to give any extension, a 30-day just to put some fire under the feet of these people to get this taken care of. MS. WILLIS: May I intervene? CHAIRMAN KAUFMAN: Do you have any objection to the picture? MR. LETOURNEAU: Here's the picture I want to show. MR. WHITE: Do you want to take a look at it and see if you -- CHAIRMAN KAUFMAN: Yeah, Sue. MR. LETOURNEAU: Okay. I'm going to put that up on the board then. They have no objection. CHAIRMAN KAUFMAN: Why don't you -- MR. LETOURNEAU: Do you want to enter it as -- okay, I'll just put it up. Hold on. CHAIRMAN KAUFMAN: Get a motion from the Board to accept the photo? MS. CURLEY: Motion to accept the photograph. MR. RUBENSTEIN: Motion to accept the photos as presented. CHAIRMAN KAUFMAN: Okay. I second it. All those in favor? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. March 23, 2023 Page 24 MS. CURLEY: Aye. MR. CATHEY: Just to clarify, this was back in May of 2022, so it's not -- it's changed since then, I believe. MR. LETOURNEAU: All right. I was told that it was more recent. MR. CATHEY: No, this was, I believe, my original photo when I originally went out to the site, and... MS. CURLEY: What's happening here? MR. RUBENSTEIN: How old's this picture? MR. CATHEY: May of 2022. It was a crushed culvert. MS. CURLEY: So what's the concrete on this side? MR. LETOURNEAU: I believe that's probably the neighbor's. MR. CATHEY: It's the neighbor's -- MR. VELASQUEZ: This is my driveway. MR. WHITE: Sir, you need to be on the microphone, please. Thank you. MR. VELASQUEZ: I'm sorry. I apologize. Thank you, sir. CHAIRMAN KAUFMAN: There's a microphone you can walk around with. MR. VELASQUEZ: I got better pictures on my phone than this; I apologize. But this is a long time ago. The ditch right here -- I could walk over there and point -- it's open and exposed at this time; am I correct, sir? MR. LOEWEN: Correct. MR. VELASQUEZ: This right here is all open. All of this is open. This young man dug this ditch out. This is part of my property. On the other side of this car is -- MR. MILLER: Right here. This will point to anything you want. MR. VELASQUEZ: Thank you, sir. Beautiful technology. Sorry. I don't know how to work it anyway. So on the other side of March 23, 2023 Page 25 Ryan's vehicle, there's a two -- what are they, 14-inch, 16-inch diameter? MR. LOEWEN: Two 18-inch. MR. VELASQUEZ: Thank you, sir. What are they, 12 footers? MR. LOEWEN: I believe they're 20s. MR. VELASQUEZ: Are they 20s? Yeah, see. So he's got to dig across this driveway right here, and this is totally -- if I'm correct, is this totally closed? MR. LOEWEN: Not totally. I didn't get to really look inside of it. I did dig around the outside of it just to see the depth and the condition of the culvert at the time, and it did look to be quite intact. And only the end of it did have some damage to it. As far as being able to drain through, I'm unaware of what that condition is. CHAIRMAN KAUFMAN: Does this -- let me just keep this as simple as can be. The ditch is -- do you have a permit to do this? MR. LOEWEN: Yes. CHAIRMAN KAUFMAN: What would stop you from putting a pipe in there? MS. WILLIS: At this point in time, the permit has been -- we have a stop work order on the permit. We do have to put a general contractor on the job. MS. CURLEY: Wait. What? CHAIRMAN KAUFMAN: You have a stop work on the permit because of what? MS. WILLIS: That was given to us on Friday. MR. LOEWEN: We were issued the permit. MS. WILLIS: We were issued the permit, we have the permit, but our license, apparently, there's some complication. And I don't know if Mike is here that can -- I guess he left. I think that the two of them can help explain what happened March 23, 2023 Page 26 with that, but we've got a problem with Collier County permitting. MR. FUENTES: I think we need to consider taking Jeff Letourneau's recommendation and just moving forward. I think that this is a pretty clearcut case. We're just -- we're spending a lot of time on this but, realistically, we've already heard from the investigator himself, the manager. MS. CURLEY: So I have some input also. We could deny the petitioner's request for extension of time and just let this go, and then they have -- they are exceeding their time limit, and then the fines start accruing. MR. FUENTES: Make the motion. MR. VELASQUEZ: Well, excuse me. No -- MR. FUENTES: Make it. CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: I have a question for the -- MR. FUENTES: I'm losing my youth here. Make it. MS. CURLEY: I mean, so I would like to make a motion to deny the respondent Sunward LLC's request for an extension of time. I feel like they've had enough time. I feel like we've had people here. We see this. We understand this is probably going to be violating their use of the home during all of this time. And so we just feel like they've had enough time, and whatever delay is going to cost them in the long run. A second anyone? MR. RUBENSTEIN: I'll second. MR. FUENTES: Okay. CHAIRMAN KAUFMAN: Okay. So we have a motion and a second. Discussion on the motion? I'd like, at the end of the motion, to say if this is not completed, then you cannot -- you can no longer rent the property. MR. WHITE: And I'd like to tell you, Mr. Chairman, that was March 23, 2023 Page 27 within the discretion and authority of the Board, but I don't believe that it is without going back and reissuing the order finding violation and giving them more time to cure and imposing that as an additional condition. My understanding is that if the motion goes forward and is approved today, this will be brought back for imposition of fines next month by the county. MS. CURLEY: I'm just reading the stipulation that was presented to us. It says, 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 assist with the Collier County's Sheriff's Office to enforce the provision of this agreement, and costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Well, you made a motion for 30 days. MS. CURLEY: No, I made a motion -- MR. WHITE: No, deny. CHAIRMAN KAUFMAN: Oh, to deny it, okay. MS. CURLEY: -- to deny the respondent's request for extension of time. They've had enough time, and it sounds like they've had a year and a half worth of time, and I don't like anything that I'm hearing here. And it's been seconded. MR. RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: What's your question? MR. RUBENSTEIN: I know we have a motion and second, but I have a question for you. You're the contractor, right? MR. LOEWEN: Yes. MS. WILLIS: Correct. MR. RUBENSTEIN: Realistically, can you get this done in the next 30 days? MR. LOEWEN: Absolutely. March 23, 2023 Page 28 MR. RUBENSTEIN: You have everything you need to complete the job? MR. LOEWEN: I did. I special ordered the catch basin, I have the culverts already there, and we're ready to begin work. MR. RUBENSTEIN: And you have staff to go ahead and get this completed? MR. LOEWEN: Yes, we do. MS. CURLEY: So, Lee, I have something follow-up. He might have all of the supplies. The woman just said that the permit that they have has been disapproved. They have a stop work order. They can't move forward. So he might have everything he needs to go to work, but he's not allowed to go to work. CHAIRMAN KAUFMAN: I understand. MS. WILLIS: We're just doing a change of contractor on the permit due to the licensing. MR. RUBENSTEIN: Why was the stop permit issued? MS. WILLIS: We have an aluminum and concrete license and, apparently, the concrete license isn't strong enough to do this particular job, so we have to bring in a general contractor. MS. CURLEY: They're not qualified to do the repair. MS. WILLIS: We're doing the work but, you know, we've got to change the contract. CHAIRMAN KAUFMAN: Let me go back to your question. Do you have a general contractor set up to do this? MR. LOEWEN: Yes. CHAIRMAN KAUFMAN: And when can they do it? MS. WILLIS: We've got the paperwork in to Collier County. We're waiting on Collier County. MR. LOEWEN: It's in motion. MS. WILLIS: It was put in yesterday, and it should be, I would assume, done today or tomorrow. March 23, 2023 Page 29 CHAIRMAN KAUFMAN: Well, let's vote on the motion that's on the floor to deny the respondent an extension of time. All those in favor? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So your request for extension of time is denied, which means -- which means that someplace at the end of our agenda is the imposition of fines. MR. WHITE: I don't believe so. CHAIRMAN KAUFMAN: Is this case part of that, Helen? MR. WHITE: I don't believe Sunward is on the agenda, as I said earlier, Mr. Chairman. My understanding is that the county will likely bring it back next month for imposition. And if it's abated by then, then you can weigh whatever factors, as we discussed earlier. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Just a point of clarification. Their stipulation agreement expires the 25th. Wait -- MR. CATHEY: 21st. MR. FUENTES: Today's the 22nd -- 23rd, sorry. MR. WHITE: Fines would begin to accrue today. CHAIRMAN KAUFMAN: Okay. So the case is done. MS. CURLEY: Thank you for coming. CHAIRMAN KAUFMAN: Yes. MR. CATHEY: Thank you. CHAIRMAN KAUFMAN: Okay. Helen, that brings us to extension of time No. 2. March 23, 2023 Page 30 MS. BUCHILLON: Yes, sir. CESD20190009564, Syed M. Madni. MR. WHITE: Mr. Chairman, before we begin, I'd just a like to caution the Board members that, you know, as I have said in the past, conversations off the record between board members should not be occurring during hearings. Of course, outside of hearings either. And I'll just appreciate -- CHAIRMAN KAUFMAN: Understood. MR. WHITE: -- us monitoring that going forward. 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. MARINOS: I do. MS. MADNI: I do. MS. AUCLAIR: I do. CHAIRMAN KAUFMAN: Could you young ladies give us your name on the microphone, please. MS. MADNI: Robin Madni. MS. AUCLAIR: Claudine Auclair from AUC Consultant. CHAIRMAN KAUFMAN: Okay. This is a barn structure with interior alterations, converting it into living place. MS. AUCLAIR: Correct. I'd like to give a little summary to the Board, if I may be granted the time to explain the situation, what's going on with this case. There's been -- I don't know if he should start first or -- CHAIRMAN KAUFMAN: No, go ahead. MS. AUCLAIR: Okay. AUC Consultant. My company was hired by the Madnis following problems with the previous consultant they had hired to assist them with permitting and which failed to take care of the code case and permitting and all that. So I was hired March 23, 2023 Page 31 back -- it's a while -- in 2021 to take care of this case and assist with them. The previous consultant was given a large sum of money as a deposit to take care of this case, which never took place. And following me coming on board, we met with a designer, the Madnis started putting together plans, design drawings to submit permitting to make the renovations that were previously done without permits compliant with code. Basically, it was -- what was -- what happened with this case -- and I'm not sure if it was previously explained -- this original barn permit was in 2009. In 2019, the Madnis started renovating the barn without a permit to make a portion of it into living space. When the code case was opened, it was discovered that this was done without permit. Not only was it done without permit, it did not meet the minimum requirement of the Land Development Code as far as square footage spaces. So in order to make this all legal, they actually had to go a little bit bigger to be able to meet minimum square footage requirements of the Land Development Code. The first permit -- the permit was reopened in 2020 by the previous contractor, we have information. An extension of paid in November of 2020. I came on board in March of 2021. We submitted revisions. Revisions were rejected twice. Then we got a permit issued at the end of 2021. Inspections were performed by the county. Several of the inspections were passed. Some were failed because there were some items that did not meet the Florida Building Code. CHAIRMAN KAUFMAN: We're not hearing the case now. So tell us in summary fashion. MS. AUCLAIR: Okay, cool. CHAIRMAN KAUFMAN: There was a barn -- they wanted to make it -- convert it to residential space? March 23, 2023 Page 32 MS. AUCLAIR: Correct. CHAIRMAN KAUFMAN: They didn't apply for the permit initially, so you went through one contractor, another contractor, and here we are today. This thing was opened up in 2019. MS. AUCLAIR: Correct. CHAIRMAN KAUFMAN: And you're asking for more time now to do what? MS. AUCLAIR: To finish the permit. We have a permit, an active permit. We started inspection. Inspections are progressing. CHAIRMAN KAUFMAN: When was the permit issued? MS. AUCLAIR: December. CHAIRMAN KAUFMAN: In December. MS. AUCLAIR: Yes, 2022. And we have inspection -- we have an inspection scheduled for tomorrow, actually. We have another inspection scheduled for Monday, and we've already passed inspections. They had a second contractor that was hired back in the fall just before the storm that was given 40,000 -- sorry -- $50,000, started doing work on the property and did not complete the work and took off with the money without completing the job. MR. FUENTES: Mr. Chairman, if I may. CHAIRMAN KAUFMAN: Yes. MR. FUENTES: As far as I know, she -- I'm familiar with it. I think Herminio was the prior individual that had taken advantage of her. MS. MADNI: Correct. MR. FUENTES: So, unfortunately, she is in a predicament where she tried to do her best. They removed -- she's just been taken advantage of. MS. MADNI: Twice. MR. FUENTES: Twice. And I'm familiar with it, as you March 23, 2023 Page 33 know, because at one point I -- so I think that they're being as honest as possible here, and she's in a -- she's in a very tight predicament. MS. AUCLAIR: We're asking for another six-month period. We discussed with the contractor that is now a legal contractor, has all licenses active and the subs as well. We're asking for another six months to complete this project, which will be completed. CHAIRMAN KAUFMAN: Let's hear from the county first. MR. WHITE: Well, point of order, Mr. Chairman, if I may. CHAIRMAN KAUFMAN: Yes. MR. WHITE: Mr. Fuentes, based on your last remarks, are you in a place where you would have any pecuniary gain or loss? MR. FUENTES: No. MR. WHITE: Thank you. I just wanted to make clear there was no conflict of interest -- MR. FUENTES: But I have knowledge of, obviously -- MR. WHITE: It's secondhand. It's not your personal involvement? MR. FUENTES: It's not my personal file, no. MR. WHITE: That's it. Thank you, Mr. Chairman. Thank you, Mr. Fuentes. CHAIRMAN KAUFMAN: Okay. From the county's perspective, what do you have to say about this case? MR. MARINOS: During a reinspection yesterday, it looks like we're moving along in the right direction pretty well. I know there was two previous incidents where they seem to have been taken advantage of kind of beyond her control at this point, and it seems like she's doing her best to get it there and doing it as quickly as possible. CHAIRMAN KAUFMAN: What -- what does the "out" date look like? Six months is a long time. You can build a whole house March 23, 2023 Page 34 in six months. MR. MARINOS: We're practically building a whole house in six months. It's got a lot of work to be done. We're just -- it's a modification of a barn; pretty heavy modification. Obviously, turning a horse barn into a living space is quite a change. A/C has to be moved, electrical, walls installed, false walls installed, flooring, but we're far from where we started. CHAIRMAN KAUFMAN: They're adding square footage to the barn to come into compliance? MR. MARINOS: Yes, sir, to meet the minimum housing requirements. CHAIRMAN KAUFMAN: Okay. MS. AUCLAIR: If I may add another item also, and if you heard the gentleman before with the window situation, there is problems getting materials. Windows and doors are a major issue. I have another client, which is not a Code Enforcement case related but for which I'm doing permitting, and their sliders are six months delayed in delivery. So there's some materials issues as well during this entire process. She is still short one window that has not arrived. The other windows are there. But it's not just a question of the contractors and finding contractors, because they're all trying to get on other jobs related to the hurricane, but also material delays. MR. RUBENSTEIN: I'd like to make a motion, Mr. Chairman. CHAIRMAN KAUFMAN: Sure. MR. RUBENSTEIN: I'd like to make a motion for a 90-day extension and then come back and give us an update where we're at. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: Can we comment on the motion? CHAIRMAN KAUFMAN: I'll second the motion. MR. WHITE: Point of order, Mr. Chairman. March 23, 2023 Page 35 CHAIRMAN KAUFMAN: Yes. MR. WHITE: Is the form of the motion one that the fines would continue to accrue? MR. RUBENSTEIN: Yes. CHAIRMAN KAUFMAN: It's a continuance. MR. WHITE: Thank you. CHAIRMAN KAUFMAN: Okay. Any discussion on the motion? MR. FUENTES: I think that 90 days will not allow them to do what they need to do. MR. RUBENSTEIN: But they can come back, and we can see exactly where they're at. They might only need 30 days after 90. But I agree with the Chairman; I think six months is a long way. MR. FUENTES: I don't disagree, the only problem is, guys, six months is a lot to build something. Six months for some individuals to lose $50,000 is almost their whole entire annual income, and we're not looking at that factor here. This individual forked up cash to come into compliance; this gentleman took the money and bailed. This is a lot of money. This is money that some people make in a year. MS. AUCLAIR: That happened twice. MS. MADNI: Twice, sir. MR. FUENTES: Let me finish, please. I'm sorry. That hinders an individual's ability to bring it up to code, and then we've got the storm, lack of material. Some of these points are pretty valid. And, like I said, at least I'm able to sit here with some of the knowledge. But he made the motion. I guess we'll go forward with it. Just -- I think 90's rough. CHAIRMAN KAUFMAN: We'll, vote on it. The 90 days will give the respondent time to come back and say we got this done, we got that done, we can see the end of the tunnel, and we need a little March 23, 2023 Page 36 bit more time. If it's not done in 90 days, go forward. So I have -- I can support the motion no problem; me. Okay. Yes, Sue. MS. CURLEY: Go ahead and take the vote. CHAIRMAN KAUFMAN: Okay. All those in favor? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Okay. The motion fails; 2-2 is a failure. MS. CURLEY: My only thought was there's forward motion going. Let's let it go. What's it matter? It's been since 2019. What's another six months? Why bring her back here and make her pay $58, make her bring her consultant back. This is a whole 'nother financial obligation. And let's just -- let's just see if maybe this time it works. Give them the six months. I mean, she made a -- MR. FUENTES: You know I would normally -- I'm very adamant about -- but oh, man. MR. RUBENSTEIN: No, I hear you. MR. FUENTES: We need to show a little mercy sometimes. MR. RUBENSTEIN: All right. I'd like to rephrase my motion. CHAIRMAN KAUFMAN: Okay. You're going to make a new motion? MR. RUBENSTEIN: Yeah. A new motion to grant them the 180-day continuance -- the extension and fines will continue. CHAIRMAN KAUFMAN: Okay. You grant a continuance for 180 days. MS. CURLEY: Second. March 23, 2023 Page 37 CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Jeff, you look perplexed. MR. LETOURNEAU: I was just going to say, once this is passed, if it passes, that we need to -- you need to vote on removing the imposition after this. CHAIRMAN KAUFMAN: Yeah. We have to modify the agenda. Okay. All those in favor? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Now, to keep Patrick happy, we need to take a motion from the Board to modify the agenda to remove this from the imposition for the next six months and to grant -- to change the agenda for this case. MR. FUENTES: Second. CHAIRMAN KAUFMAN: All those in favor? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Patrick, you're okay with that? MR. WHITE: Absolutely, sir, and it's just simply following your own rules. CHAIRMAN KAUFMAN: Okay. We try to do that March 23, 2023 Page 38 occasionally, too. MS. AUCLAIR: Okay, thank you. MS. MADNI: Thank you. CHAIRMAN KAUFMAN: Good luck. MS. BUCHILLON: Next case, No. 3, CESD20210003238, Mariela Emblidge Living 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. MARINOS: I do. MS. EMBLIDGE: Yes. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. MS. EMBLIDGE: Mariela Emblidge. CHAIRMAN KAUFMAN: Okay. And you're authorized to speak for the trust? MS. EMBLIDGE: Yes. It's my trust, yes. CHAIRMAN KAUFMAN: Okay. This looks like removal and clearing of vegetation without a permit; is that correct? MR. MARINOS: That is correct. CHAIRMAN KAUFMAN: Okay. Do you want to give us a little brief description of what's going on? MR. MARINOS: Sure thing, absolutely. So this case came to me secondhand. It started back in April of 2021. The property, as I understand it, had some vegetation removal problems. They went a little bit too far and took too much stuff out. They tried originally one or two different methods of abatement but eventually settled on getting a permit for a shed that will basically allow for that level of vegetation removal. Currently, we're in the process of getting that shed permit finaled and approved, but it is open currently and moving forward. March 23, 2023 Page 39 CHAIRMAN KAUFMAN: So where are we today? MR. MARINOS: Today? CHAIRMAN KAUFMAN: In other words, you can remove an acre, basically, of vegetation with a building permit, so that's what they did. They got a building permit for a shed. It got approved -- the shed's approved? MR. MARINOS: The shed is currently in -- inspection's commenced, I believe. CHAIRMAN KAUFMAN: Okay. So that gave them the authorization to clear the one acre. Did they clear more than the one acre? MR. MARINOS: So they originally -- they had cleared more than one acre. The one acre was covered by the original primary structure. The shed is allowing them for the additional portion that he cleared over an acre. That is -- that that's an approved method of abatement. We're just waiting on the final for the permit in order to close the case out at that point. CHAIRMAN KAUFMAN: The permit for the shed? MR. MARINOS: For the shed, yes. CHAIRMAN KAUFMAN: Okay. And that would be the final? MR. MARINOS: We are waiting on the final. We're getting inspections commenced at this point. CHAIRMAN KAUFMAN: Once you get the final, what happens? MR. MARINOS: At that point in time we -- CHAIRMAN KAUFMAN: You don't have a code case? MR. MARINOS: Yeah, we're done. The violation's abated at that point. CHAIRMAN KAUFMAN: Okay. And how close are we to getting the final? March 23, 2023 Page 40 MR. MARINOS: Let's see. MR. LETOURNEAU: I think that's a question for the respondent, to be honest. MR. MARINOS: Yeah. It looks like we're pretty close. We've just got a few of the remaining inspections. But in terms of how close they are to actually getting those called in, that's more -- I'm sure she can speak to that. CHAIRMAN KAUFMAN: Okay. MS. EMBLIDGE: Good morning. CHAIRMAN KAUFMAN: Good morning. MS. EMBLIDGE: Yes. So when I requested -- I was talking to Rick, the other inspector. I requested the extension about two-and-a-half weeks, three weeks maybe, because a permit wasn't approved. It took longer than expected because it had to be -- the shed was faster. It was the environmental permit part that took longer. And in December -- I mean, I understand everybody takes PTO -- it was like ghosts, right? And I couldn't get with nobody. So that delayed a little bit. But the permit, it got approved, but I asked for the extension before. And I thought, okay, great. I can get it done fast because the shed is paid -- excuse me, everything's paid, but it wasn't as easy to get concrete people to come to my home to give me estimates. And to be honest with you, I only had three. I own an insurance agency. Normally I would get five estimates, but I just got three, and I went with the cheapest one, you know, and I hired him. And I showed him pictures this morning, because when I asked for the extension, the permit wasn't approved. And I still have time, I think, till the end of the month. So I may be okay till my time, but the concrete guy just told me that he might get the concrete, you know, by the end of next week. I March 23, 2023 Page 41 was like, oh, you know, because impact [sic] guy, he was at my house this morning. So the impact guy, the surveyor. The shed is ready. They said as soon as they put the concrete, in 10 days it would be there; two days to install it. So I'm thinking the impact the guy, the concrete -- gets the concrete -- the concrete guy -- when I say "concrete," I mean the concrete company, gets their material. They say maybe Wednesday or Thursday, but he can't guarantee me. I said, you need to hurry. But he's doing his best. And I think if he gets the concrete in next week, I call the shed company. I already paid it. And within 10 days -- I have to wait 10 days, I'm assuming to dry. I don't know -- they'll be there. So, honestly, I may only need two, three weeks, but I asked for the extension because the permit was not approved. But now, thank God it's approved. CHAIRMAN KAUFMAN: So you think a month would be more than enough time? MS. EMBLIDGE: I honestly think so. I like his advice that I should ask for 60, because what if my concrete guy said, oh, maybe 45? You know, I don't want be to pushy. It's just, what if the concrete guy said, oh, I don't have it next week? And now another week. The shed company said they need 10 days. So it's up to you, Your Honor. MR. LETOURNEAU: Mr. Chairman, for the record, Jeff Letourneau, Collier County Code Enforcement. It's obvious that she has taken steps to get this thing taken care of, and the county has no objection to a 60-day extension if you guys see fit for it. MS. EMBLIDGE: Thank you. CHAIRMAN KAUFMAN: Maybe you could just pull it until the next meeting, and it probably won't even -- March 23, 2023 Page 42 MR. LETOURNEAU: Well, I mean. She asked for the extension. I'm not sure -- when is the date of compliance? MS. EMBLIDGE: I think it's the end of the month. MR. MARINOS: Yeah, it's right at the end of the month. She's coming here early to try to head off any problems at the -- MR. LETOURNEAU: Well, I mean, we didn't bring it. She brought it for an extension. So I'd be more comfortable with an extension at this point, I think. MS. CURLEY: I'll make a motion to grant the extension of 60 days. CHAIRMAN KAUFMAN: Okay. You can't do a continuance because they're not in violation right now. MR. WHITE: Correct. MR. LETOURNEAU: Yeah. They haven't met their compliance date yet, so this is an extension at this point. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Then let me clarify that. Extension from when her time expires. Doesn't it expire in a couple days? MR. WHITE: I don't have the exact date. The testimony was it was near the end of the month, so it would be 60 days from then, unless you specify it's 60 days from today's hearing, which you can certainly do as well. MR. FUENTES: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. MR. RUBENSTEIN: I'll second it. CHAIRMAN KAUFMAN: Okay. MR. WHITE: And for clarity's sake, it is 60 days from today's hearing? MS. CURLEY: No. It's 60 days from whenever it expires. MR. WHITE: Thank you. March 23, 2023 Page 43 CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: On the order, the expiration date is March 21st. MS. CURLEY: Well, then it's 60 days from today. Let me correct that. I'll make a motion to grant 60 days from today. MR. FUENTES: Second. CHAIRMAN KAUFMAN: A continuance. MS. CURLEY: Continuance. MR. WHITE: The understanding of the Board, then, is that the fines began to accrue on the 22nd, which was yesterday -- CHAIRMAN KAUFMAN: Yes. MR. WHITE: -- and will continue to accrue until the work is completed. CHAIRMAN KAUFMAN: Correct. MR. WHITE: That's your understanding as well. CHAIRMAN KAUFMAN: Yes. MS. EMBLIDGE: I'm sorry. You said -- what you say? Sorry. MR. WHITE: I'll repeat it. MS. EMBLIDGE: Thank you. MR. WHITE: The prior continuance or extension of time was until March 21st. You did not get the work done by March 21st, so beginning yesterday the fines would have started to accrue. The form of the motion is to give you another 60 days to complete the work. MS. EMBLIDGE: Yes. MR. WHITE: But during that period of time, the fines will continue to accrue. When the county comes back for, ideally, a motion to impose the fine, you should be prepared to argue all of the factors that apply to you as to why you believe that fine should be reduced or mitigated to zero. So I would suggest you talk to your March 23, 2023 Page 44 investigator and have a detailed conversation about what it is you're going to be able to say 60-days-plus from today. MS. EMBLIDGE: I have a question. I understand clearly now -- CHAIRMAN KAUFMAN: We have -- MS. EMBLIDGE: -- but I do have a question, please. MR. WHITE: Would you like the Board to vote? MS. EMBLIDGE: But I have a question for you. MR. WHITE: It's up to the Chairman to -- CHAIRMAN KAUFMAN: What's your question? MS. EMBLIDGE: Okay. I talked to Rick, and I own a business. All my calls are recorded. I asked him. He told me, you have till the end of the month. If not -- I asked almost three weeks ago, why would we meet after? Because I told him I wanted to meet before my extension. He said, you have till the end. Okay, perfect. So as long as it's before the end -- so I know Rick is not here. He just took over. But I would never do that. I mean, I'm a business owner. I do everything before. I'm a proactive person. So I understand what you're saying, and if I have to pay it, I pay it. I just don't think that's fair because Rick is not here so I can -- CHAIRMAN KAUFMAN: Well, you can argue that when it comes -- MS. EMBLIDGE: I know. I just really take -- that's fine. That's fine. Taking my time from my business. That's fine. MS. CURLEY: Excuse me. I just want to do a point of clarification to your question -- MS. EMBLIDGE: Yes. MS. CURLEY: -- while we still have the motion on the table, is that you may have had conversation with county employees -- and you've mentioned Rick a lot, and he's not here -- but I will tell you that you have the documentation yourself with the correct dates on it. March 23, 2023 Page 45 The stuff was mailed to you, because we have copies of it right here. So shall we take a vote on the motion? CHAIRMAN KAUFMAN: We're going to take a vote on the motion. All those in favor? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: (No verbal response.) MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So I'm sure that the amount of fines, if you get this done really quickly, probably won't amount to a whole bunch, and at that time you can come back before the Board during the imposition of fines and ask for the fines to be abated, modified, or whatever, so... MS. EMBLIDGE: Okay. CHAIRMAN KAUFMAN: So it's -- since this is going on since 2021, it's coming to the end, which is good for everybody. Okay. Thank you. MR. MARINOS: Thank you. CHAIRMAN KAUFMAN: Terri, are you ready for a break, or you want to -- THE COURT REPORTER: 10:30 is good. CHAIRMAN KAUFMAN: Okay. Let's do one more, and then we'll take a break for the court reporter. MS. BUCHILLON: Okay. We're going to old business, B, motion for imposition of fines, No. 1, CELU20200002226, John D. Harlem and Megan K. Harlem. 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? March 23, 2023 Page 46 MR. COLLIER: I do. MR. HARLEM: I do. CHAIRMAN KAUFMAN: Sir, could you put your name on the microphone. You can lift that up. MR. HARLEM: John Harlem. CHAIRMAN KAUFMAN: Okay, John. This was a case of synthetic turf installed on the property exceeding the allowable 30 percent in the rear of the yard. I remember this going back and forth with -- the county had a rule, the state has a rule or whatever. That's my recollection of this case. MR. HARLEM: Yes, sir. CHAIRMAN KAUFMAN: So you're before us? MR. HARLEM: Oh, yes. I'm asking for the fines to be waived. I did replace the turf with sod. That's been taken care of. I did -- like you had mentioned, I worked with the county back and forth with the state ruling, the county ruling. The City of Naples being able to do it, the City of Marco being able to do it, and the county not being able to do it. Some county members were on board with 100 percent turf in your yard due to drought and pesticides; some weren't. I worked hand in hand with James French, Jeff Grill (phonetic), a multitude of people. I have them all listed here. But it is now replaced with sod, and it's still an ongoing thing to whether, you know, turf will be allowed eventually because of drought and pesticides and runoff. CHAIRMAN KAUFMAN: Okay. Do you want to read the imposition into the record for us to begin with? MR. COLLIER: I do. For the record, Adam Collier, Collier County Code Enforcement. Past orders: On March 25th, 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The March 23, 2023 Page 47 respondent was found in violation of the referenced ordinance and ordered to correct the violation. See attached order of the Board, OR5933, Page 2488, for more information. On June 23rd, 2022, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents and Images for more information. The violation has been abated as of February 14th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $50 per day for a period from March 26th, 2022, to February 14th, 2023, 326 days, for a total fine amount of 16,300. Previously assessed operational costs of 59.28 and 59.28 have been paid. Operational costs for today's hearing: 59.49. Total amount is 16,359.49. CHAIRMAN KAUFMAN: Okay. So this was mostly the time that this was enforced, the fines clicking forward were based upon appeals to the county, the state, et cetera? MR. HARLEM: Yes. CHAIRMAN KAUFMAN: Do you have anything that you'd like to add to this, Jeff? MR. LETOURNEAU: Not at this time, no. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I'll make a motion to deny the county's imposition of 16,359.49, which includes today's operational costs. CHAIRMAN KAUFMAN: Okay. That's your motion. Do we have a second? MR. FUENTES: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MR. FUENTES: Aye. CHAIRMAN KAUFMAN: (No verbal response.) March 23, 2023 Page 48 MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. It passes 3-1. MR. HARLEM: Thank you. CHAIRMAN KAUFMAN: My question, Jeff, is, is the rule now the 30 percent in force going forward? I don't know what the resolution is. MR. LETOURNEAU: Yeah, it's -- oh, no. It's the same as it's been when this case started. It's 30 percent of the rear yard only at this time per the county. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Break or keep going? CHAIRMAN KAUFMAN: Let's take a break now so I can stand up. We'll pick this up at 10:30. (A recess was had from 10:21 a.m. to 10:39 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement back to order. Next case? MS. BUCHILLON: Next case, under motion for imposition of fines, No. 3, CESD20210002916, Carlisle Wilson Plaza, LLC. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PEREZ: Yes, I do. MR. CARLISLE: Yes. CHAIRMAN KAUFMAN: Okay. You want to read through the -- MS. PEREZ: Yes, sir. CHAIRMAN KAUFMAN: -- case before we go to the respondent? MS. PEREZ: Yes, sir. Good morning. For the record, March 23, 2023 Page 49 Cristina Perez, Collier County Code Enforcement. This is in reference to Case No. CESD20210002916. Past orders: 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 in Documents and Images for more information. On May 26th, 2022, the Code Enforcement Board granted a motion to amend its prior order of March 24th, 2022. See the attached order of the Board, OR6141, Page 1016, for more information. The violation has been abated as of February 13, 2023. Fines have accrued at the rate of $600 per day for the period from August 24th, 2022, to February 13, 2023, 174 days, for a total fine amount of one hundred and four thousand -- one hundred and four, four hundred thousand [sic] dollars. Previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing is $59.35, for a total fine amount of $104,459.35. CHAIRMAN KAUFMAN: Okay. Do you want to state your name again on the microphone? I know you were here before. MR. CARLISLE: Yes. It's Greg Carlisle with Wilson Plaza; Carlisle's Plaza. CHAIRMAN KAUFMAN: Okay. And you are authorized to talk on this? MR. CARLISLE: Yes, sir. I thought -- I thought the tenants were coming today, but then they -- it was my fault that I didn't sign the affidavit to let them speak for themselves on my behalf. So I need to -- I was told I needed to speak; that they couldn't speak without me letting them speak. He couldn't make it anyway, so I'm here. March 23, 2023 Page 50 MS. PEREZ: Mr. Carlisle is the registered manager for the property -- CHAIRMAN KAUFMAN: Okay. MS. PEREZ: -- for the LLC. CHAIRMAN KAUFMAN: And you're authorized to talk for the LLC? MR. CARLISLE: Yes, sir. I'm the LLC, or the plaza. CHAIRMAN KAUFMAN: Okay. Just a quick -- nothing's quick. A summary of this case -- as I recall, you had one tenant who didn't have the right refrigeration and a bunch of stuff in their business? MR. CARLISLE: As I made Cristina aware, it's my understanding -- because I'm not 100 percent sure of what happened, but based on what that tenant says, that they inherited that problem, that the -- and as I told Cristina, that it's up to the tenant to do their due diligence to make certain that there aren't any code violations before they take over the unit. But, apparently, the previous tenant did some things that they shouldn't have done. Nonetheless, there are some things in there that I saw that that tenant had, I think, performed that they needed to correct, it did take them -- once they did find out about it, though, they did hire an architect, they did work with the -- I mean, they took it serious and tried to resolve this issue. It just took them longer than they thought it would because of, obviously, going through the due process, if that -- CHAIRMAN KAUFMAN: I mean, it's -- you say it's almost unfair. You are managing the plaza? MR. CARLISLE: Yes, sir. CHAIRMAN KAUFMAN: And they're -- you have one tenant in the plaza that's caused this huge fine to accumulate? MR. CARLISLE: Against the -- yes, sir. CHAIRMAN KAUFMAN: I don't know that -- whether you March 23, 2023 Page 51 have -- and it shouldn't affect us one way or the other -- have any way of recourse against them. MR. CARLISLE: Civilly, but, you know how that -- that doesn't always end well. And you've got attorney's fees that get very expensive. MS. CURLEY: I have a question. MR. CARLISLE: Yes, ma'am. MS. CURLEY: So just something that you just testified about. You said that when the new people took over, there was language in the lease that Carlisle Wilson Plaza gave them which stated they were responsible for any prior code violations; is that what you said? MR. CARLISLE: That's my understanding of the lease, yes, ma'am. MS. CURLEY: And so you feel like it's their fault for not making sure the building was right? MR. CARLISLE: It would fall onto the tenant. I don't know who did the violations. That's what they're saying. I really don't know if it was existing or if they took it over. They purchased that -- they purchased it from another tenant that was a problem tenant, and since they've gone in, I mean, we had trash problems that were -- with the previous grocery store. I mean, they've really cleaned up their act a lot or cleaned up the act of that -- as far as a retailer, they're doing a much better job than the previous retailer was as far as not being a nuisance. MS. CURLEY: Right. Well, no tenant should be a nuisance. But we've -- as you see -- like, the responsibility of the property is this corporation that you're representing. MR. CARLISLE: Right. MS. CURLEY: So we -- I personally don't care about the tenants. MR. CARLISLE: Yes, ma'am. March 23, 2023 Page 52 MS. CURLEY: I care about the time and the efficiency of all of our county staff and all of the pictures, which I remember, and the cases and the hearings and the very nonchalant way that it was corrected, and a very long time. MR. CARLISLE: Ms. Curley, I wasn't familiar -- when I found out about this, I happened to be -- if you recall, I had a container issue, and I was just in here. I didn't even know about it. MS. CURLEY: When did you start working for this company? MR. CARLISLE: I purchased the plaza about 10 years ago. MS. CURLEY: Oh, so this is your corporation, Carlisle Wilson Plaza? MR. CARLISLE: Yes, ma'am. CHAIRMAN KAUFMAN: As I recall from my memory, which sometimes is accurate and other times not, I believe the respondent was not present at that hearing, and that's why the fine of $600 per day was levied. MS. CURLEY: Well, that maybe is true. MS. PEREZ: In looking at the original order, no one was present at the time for the original order, and then there was -- a motion for rehearing was submitted by the tenant's attorney, and the Board heard that and then amended the original order in the May hearing. MS. CURLEY: So it's still confusing that we would even have the tenant here. We don't really care about the tenant. I mean, it's the property owner. And these notices and everything is going to Carlisle Wilson Plaza, which we know now is this gentleman right here, but he claims he doesn't know anything about it, but he's owned it for 10 years. But somehow the tenants got copies of these things. MS. PEREZ: Yeah. The communication throughout the course of the case was with both, like in this case, for example, the first communication case notes in the case that was discussed with March 23, 2023 Page 53 Mr. Carlisle was June 17, 2021, where the investigator at the time made contact with them to see if they would -- if he would sign the notice of violation. So since June 17, 2021, Mr. Carlisle was notified of this case. MS. CURLEY: Yeah, and I feel -- I don't feel like it's the tenant's fault. You didn't bring a copy of the lease to show us that they accept the responsibility for any prior Code Enforcement violations that may have taken place in the property before they took it over. So you haven't supplied us with any of that documentation to show that it's their fault. So it's your fault as the property owner. MR. CARLISLE: Okay. It's my fault, then. MR. RUBENSTEIN: Mr. Chairman, I have a question for the respondent. CHAIRMAN KAUFMAN: Sure. MR. RUBENSTEIN: When your hearing started just a few minutes ago, the Chairman asked you if you have the right from the LLC to represent the corporation, and you said yes. MR. CARLISLE: Yes, I do. MR. RUBENSTEIN: And you are the corporation? MR. CARLISLE: Yes, sir. MR. RUBENSTEIN: Why didn't you say that that -- MR. CARLISLE: I didn't understand the question. I misspoke. If you'll repeat it, I'll try to answer. I didn't understand the question. What was the question? MR. RUBENSTEIN: I mean, he asked you if you had the right of the owners to represent the corporation today. MR. CARLISLE: I am the owners. MR. RUBENSTEIN: And you said yes. Why didn't you just say "I am the owner"? MR. WHITE: I believe his admission would be saying that he is the owner, and in prior hearings we've had that testimony from March 23, 2023 Page 54 Mr. Carlisle. MR. RUBENSTEIN: Yeah, okay. MR. WHITE: The LLC's a limited liability company, and I believe he's the managing member. MR. CARLISLE: Thank you. MS. CURLEY: I have a question for the county. MS. PEREZ: Yes, ma'am. MS. CURLEY: So this was abated as of February 13th. Is there -- has anybody been there lately? MS. PEREZ: The investigator made contact with both -- the respondent, as of this morning, though. He had not been able to get ahold of them. But I can't say that, you know, he physically was at the store. MS. CURLEY: I'm just curious to where all these items went if they're not there now. MS. PEREZ: Well, the items were all permitted. There was a permit issued, and the -- for the majority of all of these items. MS. CURLEY: Fair enough. Okay. MR. CARLISLE: And they went through the due process. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: So we're in a position now where there's a huge fine. What do we do? MR. FUENTES: Lee? CHAIRMAN KAUFMAN: Excuse me? MR. FUENTES: Lee's going to make the call here. MR. RUBENSTEIN: I'd like to make a motion, Mr. Chairman -- CHAIRMAN KAUFMAN: Sure. MR. RUBENSTEIN: -- that the fines of 104,459.35 be imposed as of this date. CHAIRMAN KAUFMAN: Okay. We have a motion. Do March 23, 2023 Page 55 we have a second? MS. CURLEY: I'm not going to second that. Do you want to amend it? MR. WHITE: Well, technically, if there's no second, there's nothing to amend. CHAIRMAN KAUFMAN: There's no motion. MR. WHITE: He could make another motion if he chooses to. MS. CURLEY: All right. Well, I'll make a motion -- CHAIRMAN KAUFMAN: Okay. MS. CURLEY: -- that we deny the county's -- a portion of the county's fees and fines, leaving $4,459.35 to the respondent, Mr. Carlisle, and abating $100,000 of the fines. MR. WHITE: And would there be a time frame within which that amount of $4,459.35 would have to be paid? MS. CURLEY: I would -- any -- MR. WHITE: Typically the Board's given 30 days to get it paid; otherwise, the whole fine and costs are -- MS. CURLEY: Maybe 60 days would be okay. MR. CARLISLE: Thirty's fine, ma'am. MS. CURLEY: Okay. MR. CARLISLE: That's generous. CHAIRMAN KAUFMAN: So we have a motion. MS. CURLEY: A motion to -- CHAIRMAN KAUFMAN: Fine $4,459.35. MS. CURLEY: Which, excuse me, will have -- in part will be -- $59.35 for today's hearing costs will be included in that total amount. MR. WHITE: Correct. MS. CURLEY: Less -- so abating $100,000 of the fines. CHAIRMAN KAUFMAN: Okay. And do we have a second? MR. WHITE: One hundred and -- yes, 100,000. My March 23, 2023 Page 56 apologies. And is it 30 or 60? MS. CURLEY: Thirty is fine. MR. WHITE: Thank you. MR. CARLISLE: Thank you. CHAIRMAN KAUFMAN: Do we have a second on the motion? (No response.) CHAIRMAN KAUFMAN: Motion fails. MR. RUBENSTEIN: I'd like to take another swing at this. CHAIRMAN KAUFMAN: Okay, Lee. MR. RUBENSTEIN: I remember this case, and the more I read about it and the more I see the gentleman, I remember there was a no show, but then there was an issue with gas tanks out in front that was a fire issue that came up. Jeff, do you remember? MR. LETOURNEAU: I think that might be confusing with the other piece of property that Carlisle had been here on, the one behind the -- MS. PEREZ: The gym. MR. LETOURNEAU: Not the gym. MR. CARLISLE: I think Mr. Rubenstein's right. I think there were some propane tanks. MR. LETOURNEAU: Oh, were there? Oh, okay. MR. CARLISLE: I'm not familiar with this. I have to take the -- MS. PEREZ: Yeah, there were two propane -- (Simultaneous crosstalk.) MR. WHITE: One at a time, please. The Chairman will direct who speaks when, if you don't mind. CHAIRMAN KAUFMAN: Okay. Why don't you go first. MR. CARLISLE: I apologize, sir. March 23, 2023 Page 57 CHAIRMAN KAUFMAN: That's okay. Go ahead. Do you have anything further? MR. CARLISLE: I did have a gas fire on the property. I think that's what he was referring to. It was very -- it was serious. MR. RUBENSTEIN: Right. MR. CARLISLE: But I took care of -- I think I took of -- yeah, I took care of that. CHAIRMAN KAUFMAN: Okay. MR. CARLISLE: But I think what Mr. Rubenstein is referring to, looking at the complaint, there were some propane tanks, water tanks, and an ice machine, and so -- I guess that's what you're referring to. MR. RUBENSTEIN: The fire was before you got written up or after? MR. CARLISLE: The fire was on the containers I had with the bears. Excuse me. MS. CURLEY: Okay. I have a motion. CHAIRMAN KAUFMAN: Go ahead. MR. RUBENSTEIN: Hold on. Let me just -- let me just finish. We're talking about the shopping center. We're not talking about the trailers you had stored that you had to move. MR. CARLISLE: Containers. MR. RUBENSTEIN: That was a separate complaint, correct? MR. CARLISLE: Correct. MR. RUBENSTEIN: Okay. Has that one been abated? MR. CARLISLE: I took care of the issue, and I paid a fine. MR. RUBENSTEIN: Okay, all right. So we're just talking about the shopping center? MR. CARLISLE: Correct. MR. RUBENSTEIN: Okay. All right. MS. CURLEY: Okay. March 23, 2023 Page 58 CHAIRMAN KAUFMAN: Hold on. MR. RUBENSTEIN: I'd like to make a new revised motion -- CHAIRMAN KAUFMAN: Do you want to make a motion? Okay. MR. RUBENSTEIN: -- that we reduce the fine from its current posted 104,459.35 to 75,000 -- CHAIRMAN KAUFMAN: Okay. MR. RUBENSTEIN: -- including the $59.35s and -- CHAIRMAN KAUFMAN: Okay. Any comments from the Board? Any second? (No response.) MS. CURLEY: Okay. I got one. CHAIRMAN KAUFMAN: Okay. That -- MR. RUBENSTEIN: So the motion fails. CHAIRMAN KAUFMAN: Right. Ms. Curley. MS. CURLEY: I will make a motion for a $7,459.35 fine, abating the balance of it. CHAIRMAN KAUFMAN: Let me see if I have that right. MS. CURLEY: Payable in 30 days. MR. RUBENSTEIN: How much? MS. CURLEY: $7,459.35. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: Second. CHAIRMAN KAUFMAN: And we have a second. Discussion on the motion? MS. CURLEY: I just didn't want to lose site of the decimal points. It's a lot of money. But I firmly feel that Mr. Carlisle will baby-sit his tenants. MR. RUBENSTEIN: It's not our place to determine if it's a lot of money or not a lot of money. It's the violation, and that's what March 23, 2023 Page 59 we're dealing with. And I remember the $600 per day was very high last year when we did this, and it was a reason. And I had to rock my memory a little bit. One, nobody showed up, and it was the gas tanks out in front of the store that was an issue that you didn't have a good answer back then. MR. CARLISLE: I wasn't here, sir. MR. RUBENSTEIN: I know, but we had a fire concern that Jeff got involved with, and we talked about with the fire department. There was something with the propane tanks that could have led to a huge disaster. And I don't know how long it took for that to get abated. So did it sit there for months and months and not get resolved? I don't know. MS. CURLEY: Well, we know nine months later it's fixed, so that should be your answer. MR. RUBENSTEIN: Yes and no. You own the property. MR. CARLISLE: Correct. MR. RUBENSTEIN: So when was the gas tank issue resolved? You don't know. MR. CARLISLE: I don't know. I just found out about it today. MR. RUBENSTEIN: So we should -- okay. Do you know? CHAIRMAN KAUFMAN: Let me say one thing. I recall, as I said before, the fine -- it is unusual for the Board to impose a $600-a-day fine. It was imposed. It was imposed because nobody showed up, and this was the Board's way -- MR. RUBENSTEIN: We had a safety concern. CHAIRMAN KAUFMAN: And this was the Board's way -- it was safety -- of getting somebody's attention on this. That's why it was that number. Do I think -- this is me personally. Do I think 104,000 is a very big number? Yes, it is. Do I think -- I think the original motion was 4,000, was a dramatic difference. So someplace March 23, 2023 Page 60 in between. We now have a motion of $7,400 which is in between at the low end, if you will, so... MR. FUENTES: Mr. Chairman, I would -- I actually made that motion. So let's just do this one. MR. WHITE: There is a pending motion which you seconded. MR. FUENTES: I know. I know. So let's do this one, and then I would like a chance to make a motion afterward. MR. RUBENSTEIN: We can discuss the motion. MR. WHITE: Absolutely, but -- MR. FUENTES: I'm not making a motion. I'm saying -- (Simultaneous crosstalk.) MR. WHITE: -- make another motion, and I'm just simply saying you have one on the floor. MR. FUENTES: What I'm saying is let's rule on this one, and then I will probably do mine. MS. CURLEY: So my motion is still on the floor. CHAIRMAN KAUFMAN: Right. MS. CURLEY: And no one has called the vote. CHAIRMAN KAUFMAN: Okay. Your motion is 7,459.35? MS. CURLEY: Yes, sir. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. CHAIRMAN KAUFMAN: Okay. So now -- who's talking? MR. CARLISLE: I did. I didn't mean to interrupt you, though. CHAIRMAN KAUFMAN: Oh, okay. MR. CARLISLE: Can I speak with Michelle [sic] for a March 23, 2023 Page 61 moment, or is that not allowed? MR. WHITE: With whom? MR. LETOURNEAU: Cristina? MR. CARLISLE: Cristina. Excuse me. Excuse me. MR. WHITE: You're asking the Chair if you can go off the record and have a conversation with staff? MR. CARLISLE: Yes, sir. MR. WHITE: That's up to the Chair. MS. CURLEY: Let's just move on. CHAIRMAN KAUFMAN: That's okay; you can speak to her. MR. WHITE: Thank you, Mr. Chairman. CHAIRMAN KAUFMAN: No problem. MR. WHITE: My belief is it's the wisdom of Solomon here. You're looking to find a middle number, and if that allows them to have a conversation that can achieve that so staff could recommend it, I think it's time well spent. CHAIRMAN KAUFMAN: Yes. MR. WHITE: Otherwise the Board members shouldn't be discussing it off the record. MR. RUBENSTEIN: We're off the record right now? CHAIRMAN KAUFMAN: No, we're still on. MR. WHITE: I mean, if during the -- MS. CURLEY: Am I able to speak? MR. WHITE: Absolutely. We're on the record. I was just going to simply suggest it might be worthwhile to review what the criteria are. MS. CURLEY: So I did have a thought waved by while I was sitting here. MR. WHITE: It's up to the Chair. MS. CURLEY: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. March 23, 2023 Page 62 MS. CURLEY: So I'm just a little taken aback by the property owner's comment that he expected the tenant and the tenant's lawyer to be here. I can assure you if the tenant and the tenant's lawyer came here, we would have imposed the entire fine. MR. CARLISLE: Yes, ma'am. MS. CURLEY: I just can't understand how arm's-length away from the property, that you earn an income from and that you own, you are and you're portraying, and it's just bothersome to me. And I think that's why the whole Board has a different opinion about it, because it's unusual that we have two years of a lot of people's work and a potential fire hazard and everything else that could have occurred even though it's all in check now. Like, it's not your fault. It's your fault. It's your responsibility. CHAIRMAN KAUFMAN: Okay. MR. CARLISLE: I understand that now. CHAIRMAN KAUFMAN: Okay. I was going to recognize John. I think you said you wanted to make a motion. MR. FUENTES: Yes. I originally made the first motion for the $600, so I'm going to try to meet somewhere in the middle here for everybody. I'm going to say that -- MR. RUBENSTEIN: John, can you hold for one moment. I'd like to hear from the county regarding their conversation, if it has any bearing on us going forward with the fines? MS. PEREZ: No, sir. There was -- MR. RUBENSTEIN: Are you at liberty to share with us? MS. PEREZ: Yeah, I would assume so. There was just discussion about having served properly the original notice of hearing, which there's a -- I guess the address itself as far as, like, if it conflicted with -- did we send it to the right location or did we not. And I explained to Mr. Carlisle that we send it to the address of record. If the address of record is incorrect, you know, he needs to March 23, 2023 Page 63 make that change to the county. We can only go by what we have. So at that time we sent it to the address on Pine Ridge; that is still the address of record till today. CHAIRMAN KAUFMAN: Okay. So that -- it's not affecting the motion -- MR. RUBENSTEIN: I'm sorry. CHAIRMAN KAUFMAN: -- that John is going to make. Thank you, Lee. MS. CURLEY: No, it's not -- MR. CARLISLE: Mr. Chairman. CHAIRMAN KAUFMAN: Hold on. The floor is John's. Do you want to make a motion? MR. FUENTES: I'm going to try to please everybody here. I think that the operational costs for today as well as we impose a fine of 18,500 within 60 days. The operational -- MS. CURLEY: Second. MR. FUENTES: The operational costs would be paid within 60 days of $59.35 and the fine of 18,500. MS. CURLEY: Second. MR. WHITE: So the total amount would be 18,500. MR. FUENTES: $18,559.35 to be paid within 60 days. MR. WHITE: Understood. CHAIRMAN KAUFMAN: Okay. And we have a second. MS. CURLEY: Uh-huh. CHAIRMAN KAUFMAN: Any more discussion on this? MR. WHITE: Do you want to hear from Mr. Carlisle? MS. CURLEY: No. CHAIRMAN KAUFMAN: No, we're -- MR. WHITE: That's fine. MR. CARLISLE: Could I speak, though? Not that it's going to have any bearing on this. I just would like to speak, though. March 23, 2023 Page 64 MR. FUENTES: We've got to finish this ruling first. MR. CARLISLE: That's fine. CHAIRMAN KAUFMAN: Let's finish this, and then -- okay. All those in favor? Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? MR. RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. It passes 3-1. That's $18,559.35. MR. WHITE: Sixty days -- CHAIRMAN KAUFMAN: Sixty days. MR. WHITE: -- from today's hearing? CHAIRMAN KAUFMAN: Yes. MR. CARLISLE: I understand your position but, first off, if I had known about it, I would have been here. I'm not disrespectful. I wouldn't have stuck my head in the sand. I mean, I really didn't know. That's all I can say. I really didn't. And I've got another case going. I didn't know I -- I'm getting a thousand dollars a day, and this is -- it's not a safety issue. And I've been trying to resolve this for six months, and I'm still trying. I know it's a separate issue. I have to come back before you. But if I know about something I'm here. I'm not -- I take this stuff serious. CHAIRMAN KAUFMAN: And I'm sure you can understand the position that we were in. There was a problem. Nobody showed up, and this is -- I mean -- MR. CARLISLE: I would have been here if I knew. I'm just saying. CHAIRMAN KAUFMAN: Okay. Eighteen thousand five hundred is a long throw from 104,000. March 23, 2023 Page 65 MR. WHITE: And, for the record, the summary -- executive summary you've been provided, at the bottom, the last line, small parentheses d is any other relevant factors. It says, the contractor was in constant communication regarding progress. So that is of record and known. CHAIRMAN KAUFMAN: Okay. MR. CARLISLE: For the record, it wasn't my contractor, though. I was being sued by those people at the time. I was in litigation with them. CHAIRMAN KAUFMAN: I understand. And you have been, as far as I know, very pleasant the whole time. MR. CARLISLE: Thank you. CHAIRMAN KAUFMAN: Okay. Helen? MS. BUCHILLON: Next case, No. 4, CESD20200002525, James M. Altenburg. CHAIRMAN KAUFMAN: This is under imposition? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. AUCLAIR: I do. MR. HOLMES: I do. MR. ALTENBURG: I do. CHAIRMAN KAUFMAN: Okay. Would you both -- I know that you identified yourself before -- both of you identify yourself. MR. ALTENBURG: James M. Altenburg. CHAIRMAN KAUFMAN: Okay. MS. AUCLAIR: Claudine Auclair, AUC Consulting. CHAIRMAN KAUFMAN: Okay. This was an unpermitted finished private swimming pool with a spa with an unpermitted March 23, 2023 Page 66 screen enclosure. Okay. And this goes back to 2021, the first order that I see. Okay. Do you want to read this into the record for us and any other comments you might have? MR. HOLMES: Yes, sir. Past orders: On October -- oh, for the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On October 29th, 2021, the Code Enforcement Board issued a findings of fact, conclusions of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6045, Page 1334, for more information. On March 24th, 2022, the Code Enforcement Board granted an extension of time. See the attached order of the Board in Documents and Images for more information. On January 26th, 2023, 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 March 23rd, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from September 25th, 2022, to March 23rd, 2023, 180 days, for a total fine amount of $36,000 and zero cents. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.70. Total amount: $36,059.70. CHAIRMAN KAUFMAN: Okay. When I look at these sheets from years of doing this, the number-one thing that I look at is the -- in the middle of the page where it says the violation has not been abated as of March 23rd. Is that still the case? MR. HOLMES: Yes. March 23, 2023 Page 67 CHAIRMAN KAUFMAN: Okay. Okay, sir. MS. AUCLAIRE: Good morning. At the meeting of January 26th, 2023, following the conclusion of the meeting, Mr. Altenburg was given an additional 30 days to take care of resolving the issue. There is a permit that was submitted for the screen enclosure with the Collier County Building Department; however, that permit was rejected because the drawings that were provided to the county are not sufficient for the county staff to be able to approve the structure as it was built. The recommendation -- the comment on the building permit submitted by Mr. Altenburg requires an engineer to sign and seal plans for the county to accept those plans and approve them. After the meeting, Mr. Altenburg reached out to us for assistance, and since then we have been in contact with Mr. Kosinski, an engineer in Fort Myers. And we have a letter from Mr. Kosinski. Due to Hurricane Ian, Mr. Kosinski is extremely busy, small firm. And we've been trying to get him to go to the site. The information we gave him, the pictures and the plans, are not sufficient. He has to go do site visits. And he's requested us to give him another three weeks so he can go on site, inspect the way it was constructed, review the plans that were provided with the permit, and then make a determination if additional reinforcement or changes/modifications need to be made in order for him to sign off on a structural drawing and submit that to the county to approve the permit. So we're actually -- we just started working with Mr. Altenburg. We've been in contact with Mr. Kosinski since then, beginning of February. Mr. Kosinski is asking for another three weeks. There are other engineers, but all of them are busy. CHAIRMAN KAUFMAN: Okay. Let me stop you for a March 23, 2023 Page 68 second. Who put the pool enclosure in? You did. Now, the difference here is you can go for an affidavit to submit from an architect and all the rest of that; however, if you did it, you can't do that. MR. ALTENBURG: Do what? CHAIRMAN KAUFMAN: You can't -- you can't go to an engineer, have him sign off and submit that and get approval. Jeff, correct me if I'm wrong. MR. LETOURNEAU: Yeah, I believe you're referencing the permit by affidavit. I think they're not going that way. They're trying to -- they've got a permit submitted. They need a professional engineer to submit the drawing for that particular permit, and then they can get it issued and inspected and CO'ed, yes. MS. AUCLAIRE: That's correct. We are not going for permit by affidavit. Regular building permit, sir. CHAIRMAN KAUFMAN: That was my only question. Okay. MS. CURLEY: I have a question. CHAIRMAN KAUFMAN: Shoot. MS. CURLEY: You asked him who put the screen enclosure in, and he said he did. Did you also put the pool in? MR. ALTENBURG: No. MR. WHITE: You need to be on the mic, sir. MR. ALTENBURG: I had to finish -- I'm sorry. I didn't put the pool in, but I had to finish the pool. I had to put the deck in. I had to finish the jacuzzi. The guy took off, so... MS. CURLEY: I don't understand. MS. AUCLAIRE: If I can clarify. MR. ALTENBURG: All the landscaping. MS. AUCLAIRE: The code case stipulates unpermitted finished private pool and spa and a non-permitted screen enclosure. March 23, 2023 Page 69 The building permit for the swimming pool, all inspections have been completed. They cannot issue a certificate of completion on the building permit for the swimming pool until the screen enclosure passes all inspection. But all inspections on the swimming pool, that's done. So right now the only remaining issue is the screen enclosure. CHAIRMAN KAUFMAN: Okay. And, typically, the screen enclosure provides the safety, if you will, the same thing as a fence would provide. MS. AUCLAIRE: That's correct. It is installed except it's not CO'ed. CHAIRMAN KAUFMAN: Which means it's not there. MR. RUBENSTEIN: Shouldn't this have been under motion for extension? CHAIRMAN KAUFMAN: Well -- MS. CURLEY: Yes. MR. RUBENSTEIN: Aren't we -- CHAIRMAN KAUFMAN: Well, there's only two things we can do. We can impose the fine and still -- and it continues, or we could grant some continuance on this to give you more time to get all the ducks in a row, and then at that time you would come back and say it's now in the "has been abated" stature and then go from there. So having said that... MS. CURLEY: So I still have a question that has remained unanswered. I wanted to know -- when I asked the gentleman if he installed the pool, I didn't want to know if he physically did it himself. When he lived there, did he hire somebody, or did he create the pool himself? And I think you said somebody -- you hired somebody to do it, but they didn't do it so you finished it? MR. ALTENBURG: I physically finished it. MR. WHITE: On the microphone, sir. March 23, 2023 Page 70 MR. ALTENBURG: I physically -- MS. CURLEY: Okay. But you hired a contractor to do that pool. Did they pull -- there's what -- I'm getting somewhere. Did they pull a permit originally? MR. ALTENBURG: Yes. MS. CURLEY: Yes? MR. HOLMES: Yes. MS. CURLEY: Okay. That is what I wanted to know. It means more that you did it the right way from the beginning. What happened during the process, which is two-and-a-half years, changes when we know you tried to do it right the first time. Thank you. CHAIRMAN KAUFMAN: Okay. So the -- and the permit that they pulled was CO'ed; do I understand that correctly? MS. CURLEY: Yep. So I make -- CHAIRMAN KAUFMAN: Hold on. Hold on. The answer. MS. AUCLAIRE: As I mentioned before, the permit for the swimming pool and spa. All inspections have passed. There's no remaining inspection. It's been approved by all inspectors that need to do the job. There is not a certificate of completion -- CHAIRMAN KAUFMAN: Ahh. MS. AUCLAIRE: -- because they can't do that until the screen enclosure is finished. CHAIRMAN KAUFMAN: Okay. Now I understand. MS. CURLEY: Okay. So I will make a motion to continue this case for 40 days so you can -- you said that you had -- you needed three weeks to get the screen engineer? MS. AUCLAIRE: The engineer requested us to give him three weeks before he can come do a site visit. That doesn't include his time to turn around and do his report. Then we have to submit that to the county for final review. CHAIRMAN KAUFMAN: Probably 60 days would be the March 23, 2023 Page 71 right -- MS. CURLEY: I'll make a motion to continue this for 60 days. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: Second. MS. CURLEY: And as long as I am on this board, I won't agree to any more continuations for this. CHAIRMAN KAUFMAN: Okay. We have a -- let us vote on this. We have a motion -- MR. FUENTES: Second. CHAIRMAN KAUFMAN: -- to provide a continuance for 60 days, and we have a second. All those in favor? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Sir, you have a question? Or advice of counsel there -- MR. ALTENBURG: I'll tell you, when all this first started, all the engineers that I talked to asked for two to three years to -- you know, they said -- they all laughed at me. CHAIRMAN KAUFMAN: We're not engineers, so we're not going to give you two or three years. Okay. MR. ALTENBURG: Thank you. CHAIRMAN KAUFMAN: Okay. Good luck. MR. FUENTES: Get it done. CHAIRMAN KAUFMAN: Okay. Helen, what's up? MS. BUCHILLON: Our last case, under imposition of fines, March 23, 2023 Page 72 No. 5, CESD20200002094, Jose Valdes and Olga L. Benitez. THE COURT REPORTER: Do you swear or affirm you will translate everything from English into Spanish and Spanish into English to the best of your ability? MS. EMBLIDGE: Yes, I will translate. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. AMBACH: I do. MS. BENITEZ: I do. CHAIRMAN KAUFMAN: So as a quick -- as a quick guess, are you the interpreter for this case? MS. EMBLIDGE: After my case she -- I'm sorry. After my case she realized I speak English, because I was talking to her in Spanish. She asked me as a favor, and I said, sure, why not. MS. BENITEZ: My English not very well. CHAIRMAN KAUFMAN: Okay. So, Terri, you swore her in as an interpreter? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: I just want to get that straight. Okay. Chris? MR. AMBACH: Yes, sir. CHAIRMAN KAUFMAN: Do you want to read this case into the record for us? MR. AMBACH: I do, sir. For the record, Chris Ambach, Collier County Code Enforcement. Past orders: On July 22nd, 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, March 23, 2023 Page 73 OR5996, Page 2975, for more information. On August 25th, 2022, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents and Images for more information. The violation has been abated as of February 22nd, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from January 19th, 2022, to February 22nd, 2023, 400 days, for a total fine amount of $80,000. Previously assessed operational costs of $59.35 have been paid. Operational costs for today's hearing: $59.56. Total amount: $80,059.56. CHAIRMAN KAUFMAN: Okay. Now, the reason the fine is so big is because it's taken so long to get this resolved. THE INTERPRETER: Because when we started the process -- I'm going to translate -- we started the process, the COVID was starting, and everything was delaying. It took -- that wetland determination, it took about a year to get. Everything, all the process takes three, four weeks. It continued. CHAIRMAN KAUFMAN: So this is a piece of property that was wetlands? MS. BENITEZ: No. Not yet, no. THE INTERPRETER: No. CHAIRMAN KAUFMAN: It wasn't wetlands? THE INTERPRETER: No. CHAIRMAN KAUFMAN: So why did they need a wetlands determination? THE INTERPRETER: The county asked for it to continue the process. MR. WHITE: Typically, it's done to confirm that it is not wetlands. MR. FUENTES: Correct. March 23, 2023 Page 74 CHAIRMAN KAUFMAN: Okay. THE INTERPRETER: But it was never wetland. CHAIRMAN KAUFMAN: I'm reading from the violation that this was multiple unpermitted structures on the property. So the first thing that had to be done was to determine whether it was wetlands or not; is that correct? MR. AMBACH: That's part of the process, yes. Two sheds, two large carports. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: I'd like to make a motion that the respondent pays the operational costs of 59.56 within 60 days as well as we impose the fine -- a reduced fine of $5,000. Total cost: $5,059.56. MR. RUBENSTEIN: I'll second. MR. WHITE: Has the Board had any testimony on whether there would be a financial hardship -- MR. RUBENSTEIN: That's not his place. MR. WHITE: -- to the respondent if the fines were imposed? THE INTERPRETER: I ask her. She said 5,000 she can pay. CHAIRMAN KAUFMAN: Okay. Let me -- all those in favor of the motion? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? Sue, you -- MS. CURLEY: I voted aye. CHAIRMAN KAUFMAN: Okay. I didn't hear you. MR. RUBENSTEIN: Good. March 23, 2023 Page 75 CHAIRMAN KAUFMAN: Okay. MS. BENITEZ: Thank you. CHAIRMAN KAUFMAN: We're done. Thank you. MR. AMBACH: Thank you. CHAIRMAN KAUFMAN: I have a sheet that's being forwarded to Jeff Klatzkow on foreclosure collection authorization. There are one, two, three, four, five cases on there. MS. CURLEY: Yeah. I'll make a motion to forward the foreclosure collection authorization form dated March 23rd, 2023, to the -- CHAIRMAN KAUFMAN: County Attorney. MS. CURLEY: -- County Attorney Office. CHAIRMAN KAUFMAN: Okay. MR. FUENTES: Second. CHAIRMAN KAUFMAN: I've got a second. All those in favor? MR. RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. MR. FUENTES: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. We are all done, Helen? MS. BUCHILLON: We're all done. CHAIRMAN KAUFMAN: Jeff, do you have any final closing statements? MR. LETOURNEAU: I do not, sir. CHAIRMAN KAUFMAN: Are you sure? MS. CURLEY: Motion to adjourn. CHAIRMAN KAUFMAN: We are adjourned. March 23, 2023 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :23 a.m. ( -CODE . NFORCEMENT BOARD IMAISAfri1BER j' A UFMAN, CHAIRMAN These minutes approved by the Board on A-A, I a7) as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC. Page 76