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CEB Minutes 09/28/2023 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida September 28, 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 John Fuentes, Vice Chair Sue Curley Tarik N. Ayasun Manmohan "Bart" N. Bhatla Kevin Johnson, Alternate ABSENT: Kathleen Elrod Lee Rubenstein James York, Alternate ALSO PRESENT: Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Kevin Noell, Attorney to the Board CHAIRMAN KAUFMAN: Don't tap the mics; blow on them. Good morning. I'd like to call the Code Enforcement Board to order. Notice: Respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need the records of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. That's a mouthful. Okay. Why don't we all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Why don't we start out with the roll call, Helen. MS. BUCHILLON: Yes, sir. For the record, Helen Buchillon, Code Enforcement Board. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Sue Curley? BOARD MEMBER CURLEY: Here. MS. BUCHILLON: Mr. John Fuentes? VICE CHAIR FUENTES: Here. MS. BUCHILLON: Mr. Tarik Ayasun? BOARD MEMBER AYASUN: Here. MS. BUCHILLON: Mr. Bart Bhatla? BOARD MEMBER BHATLA: Here. MS. BUCHILLON: Mr. Kevin Johnson? BOARD MEMBER JOHNSON: Here. MS. BUCHILLON: Ms. Kathleen Elrod is excused, Mr. Lee Rubenstein is excused, and Mr. James York is excused. CHAIRMAN KAUFMAN: Okay. Before we go on, Lee is in the hospital getting better. We miss him. I'm sure he's watching. He may not be able to hear us because the sound isn't transmitted through Collier County very well from this room. But, Lee, we hope you get better quickly, and we'll see you here at our next meeting. MS. BUCHILLON: Absolutely. CHAIRMAN KAUFMAN: Okay. The approval of the minutes. Anybody have any questions or changes on the minutes? BOARD MEMBER AYASUN: So moved. BOARD MEMBER BHATLA: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second to approve the minutes. All in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. VICE CHAIR FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Which brings us to the agenda. MS. BUCHILLON: Yes. We have one stipulation. Under public hearings, No. 3, CELU20220001142, John J. Medina. And that's all for the stipulations. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: We have some withdrawals also. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under public hearings, D, hearings, No. 1, CESD20230001338, Vladimir Danev and Boris Danev, withdrawn due to compliance efforts. Number 2, CESD20230000492, Ciro Gomez, Rodelis Veliz Campuzano, and Leidy Marian Gomez Veliz, has been withdrawn due to compliance efforts. Number 4, CESD20230004453, Celia Mejia, has been withdrawn. Violation has been abated. Number 6, CELU20220008496, Franklin Scott Mosser, has been withdrawn. Violation has been abated. Number 8, CESD20230002976, Fagner Ataide and Manoela Kikugawa, has been withdrawn due to compliance efforts. Number 10, CESD20230000896, Michael J. Fitzgerald, has been withdrawn. It was given an in-house continuance. Under old business, B, motion for imposition of fines and liens, No. 3, CELU20220002018, Teri Lyn Thomas, has been withdrawn and will be rescheduled for the October hearing. Number 8, CEVR20200002859, Letlet Jean Charles and Anne-Rose Jean Charles, has been withdrawn and will be rescheduled for the October hearing. Number 9, CESD20220003174, Olympia Park A Land Condominium, has been withdrawn. Respondent's out of town. Number 11, CELU20220004457, Lowe's Home Centers, Inc., has been withdrawn and will be rescheduled for the October hearing. Number 13, CEV20230001500, Gloria May, has been withdrawn. It will be rescheduled for the October hearing. Those are all the withdrawns, but I just got two more stipulations. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under public hearings, No. 5, CESD20230002893, Israel Acevedo and Nereida Rosa. Number 7, CESD20220007688, Erick Innis and Alyssa Innis. And those are all the changes. CHAIRMAN KAUFMAN: Terrific. Okay. Can we get a motion from the Board to approve the agenda? BOARD MEMBER AYASUN: So moved. CHAIRMAN KAUFMAN: Okay. We have a motion. And a second? BOARD MEMBER BHATLA: I second. CHAIRMAN KAUFMAN: And second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. VICE CHAIR FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So we'll have the stips first? MS. BUCHILLON: Do you want extension of time? We have two extensions of time. CHAIRMAN KAUFMAN: Oh, okay. MS. BUCHILLON: ***Okay. Under public hearings, A, motions, motion for extension of time, No. 1, CESD20230000438, Cindy Hill Land Trust, and also No. 2 is the same respondent. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. JOHNSON: I do. MR. CLAY: I do. MR. COLEMAN: I do. CHAIRMAN KAUFMAN: Okay. Before you continue, John, I have a copy of the letter, I guess we all have it at our position. Let me just read through it. Okay. Can you gentlemen both say your name on the mic. MR. CLAY: Jim Clay. MR. COLEMAN: Roger Coleman. CHAIRMAN KAUFMAN: Okay. And you are the controller of the LLC, I guess? MR. CLAY: I'm the -- owners in the LLC. Cindy Hill is the attorney that is the land trust. CHAIRMAN KAUFMAN: Okay. I figured Kevin would ask that question, right? MR. NOELL: Yes. CHAIRMAN KAUFMAN: Okay. So, John? MR. JOHNSON: Good morning. For the record John Johnson, Collier County Code Enforcement. Mr. Kaufman, members of the Board, just a quick summary here. You know, obviously, the motion is his to present. Back in May -- I don't know if you can see this. Back in May 25 of 2023, there were actually three cases here on Pago Pago West -- this is out on Isles of Capri west end -- all owned by the trust. And they were all unpermitted work, Ian-related surge damage. So since that time -- and you-all ruled a finding of fact that there was a violation for unpermitted work that was done. Since that time, 184 Pago Pago, which is kind of bottom right on that screen, that one they received a permit. It was issued. The work was done, inspected, completed. So that case actually is not on your agenda because he's compliant, okay. Same owner. The other two -- the one in the middle, 195 Pago Pago, the permit was just issued on September 19th of this month, so they're ready to go with work. Now, they couldn't do any work because we had stop work orders, okay. So that permit has been issued. And then the other on the upper left there, 189 Pago Pago, same thing. That permit was issued on September 21st, so they're ready to go there. But, again, based on the orders of the Board, those two still remain in violation. Now, their request for a motion for extension of time came in prior to the deadline that the Board ruled for September 2nd. They were supposed to be compliant and done on all three cases, but their request came in prior to September 2nd. We weren't able to schedule it for this hearing, so we've moved it to this hearing to give them a chance to request that time. This is kind of a summary. I know you don't want to rehear the case, but just to sort of kind of bring you up to speed on that. CHAIRMAN KAUFMAN: Appreciate that. So you want to push the time out. How much time do you need to be able to address it? MR. CLAY: We would like 180 days on both houses. CHAIRMAN KAUFMAN: Six months? MR. CLAY: Yes, please. BOARD MEMBER CURLEY: I have a question. MR. JOHNSON: Yes. BOARD MEMBER CURLEY: So you said the permits were issued on the two other houses. What -- permits for what? For repair? MR. JOHNSON: Excellent question. Permits were issued to return those structures to their original permitted states. So it's remodel, repair. It's been vetted by the county. The permits are issued. Now the work needs to be done. So I can't tell you the details of the scope of work, but the county has vetted and approved. Does that answer it? Not really? BOARD MEMBER CURLEY: It does, yeah. MR. JOHNSON: Okay. CHAIRMAN KAUFMAN: As I recall from the past hearings, there was a problem with the water going in one direction versus of the other direction. VICE CHAIR FUENTES: Yeah. We had the neighbors here. CHAIRMAN KAUFMAN: Right. So I guess that's all being addressed? MR. LETOURNEAU: That was what was claimed by the neighbors. I don't think that was actually found to be a fact. That was just hearsay by the neighbors. CHAIRMAN KAUFMAN: Okay. And it's not part of the case? MR. LETOURNEAU: No, sir. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Well, in the permit, wouldn't they have, like -- the landscaping and all that would be part of the permit to bring it back to its normal state, which would include drainage and easement and water and all that? MR. JOHNSON: That's a good question. I can't really answer to the details of that. Again, the county approved the remodel work, and I don't know if that includes exterior landscaping and so on. I really don't. BOARD MEMBER CURLEY: Well, I mean, it should. MR. JOHNSON: Well, these cases, though, are for the structures, so -- and I don't disagree with you, but these cases are for the structures, so I can't address that. I don't really even have a complaint -- a code case complaint for the drainage there, so -- BOARD MEMBER CURLEY: Well, I mean, I'm just saying, like, landscape. I mean, if the house had 10 feet of water in it, then surely the landscape's missing, too. So why wouldn't it have to comply with all the other -- well, I guess maybe when somebody comes out and inspects it and sees that there's not even limited landscaping. CHAIRMAN KAUFMAN: I think this is what was cited. If the neighbors want to call in a complaint because of a code violation for water being sent from one property to another, or whatever it is, that would be up to them, and then a new case would be opened up. Am I correct in that assumption? MR. LETOURNEAU: Correct. MR. JOHNSON: Yes. CHAIRMAN KAUFMAN: Okay. So as far as this is concerned, six months, I don't think, is outrageous. I think it takes that time to do anything. So anybody want to make a motion for this? BOARD MEMBER BHATLA: I'll make a motion. CHAIRMAN KAUFMAN: To grant them six months -- BOARD MEMBER BHATLA: Yes. CHAIRMAN KAUFMAN: -- as an extension of time? Okay. We have a motion. Do we have a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. MR. JOHNSON: Now, Mr. Kaufman, if I could just ask one question on behalf of Mr. Clay. He was concerned about fines accruing. Will this stop the fines from accruing and they would start again in six months, or are they accruing since September 2nd? CHAIRMAN KAUFMAN: They continue to accrue from September 2nd. MR. NOELL: No, no, if I may. Kevin Noell, attorney for the Code Enforcement Board. Since this is a motion for an extension of the deadline to come into compliance, the Board's action in the motion, if it is approved, it's extending the deadline for compliance. So if we were -- if the matter was before the Board for an imposition of a fine, they would be requesting a motion for a continuance of that motion for an imposition of fine. That's not this. This is a request to extend the compliance -- the September 2nd, I believe it was -- MR. JOHNSON: Yes, sir. MR. CLAY: Yes. MR. NOELL: -- compliance deadline. So, effectively, this board's action would be six months from the date of September 2nd. They would have six months from that date to get into compliance. CHAIRMAN KAUFMAN: Okay. That answers that question. So we have a motion and a second. BOARD MEMBER CURLEY: I just have a question. So there's no neighbors here? MR. JOHNSON: They are -- actually, I believe they're on the online system. They're all up north right now. I did speak to two of them prior to this hearing and explained, you know, what we were doing, and, you know, that we, of course, put it in the hands of the Board. BOARD MEMBER CURLEY: Well, we just had a lot of neighbors here last time, and there was a lot of concerns. I don't remember all of them, but it was concerns for delay. And, like, today is a year since the storm. So we're giving them another half of a year. So for a year -- like, the houses were moldy, and there was all sorts of really gross stuff happening down there, and I just hope that this is -- CHAIRMAN KAUFMAN: Well, if they have a concern after this, they can file a code violation. BOARD MEMBER CURLEY: Well, that's not how things work. I mean, they should follow the codes. That's why we have officers, and that's why we have permitting departments to do all that. I mean, we're not self-reporting our community. I mean, if the -- if the -- we're giving the person six months, we're giving them six months, but it's been a year. That's all I'm saying. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER CURLEY: Aye. VICE CHAIR FUENTES: Aye. CHAIRMAN KAUFMAN: Okay. It passes. Okay. You have six months. MR. CLAY: Thank you. CHAIRMAN KAUFMAN: I would, if I were in your shoes, try to address the concerns that the neighbors had in the past while you're doing whatever you're doing. MR. COLEMAN: Thank you. MR. CLAY: Okay. Thank you very much. Appreciate it. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: That guy's a slumlord. MR. JOHNSON: Thank you. CHAIRMAN KAUFMAN: I guess we're up to stipulation -- MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: -- or hearing No. 3. MS. BUCHILLON: ***Number 3, CELU20220001142, John J. Medina. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PATTERSON: I do. CHAIRMAN KAUFMAN: Okay. Let the record show that the respondent is not present. MS. PATTERSON: Good morning. For the record, Sherry Patterson, Collier County Code Enforcement. The respondent is out of town, so he couldn't make it today. So, therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by: Ceasing and desisting the unauthorized commercial trucking business/operation and the parking and storage of commercial vehicles/equipment associated with the unauthorized business from the property within 60 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondents must notify Code Enforcement within 24 hours of the abatement of the violation and request the investigator perform a site inspection to confirm the compliance; Number 4, 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 on the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. So they have two months to stop doing what they were doing? MS. PATTERSON: Yep. BOARD MEMBER CURLEY: No. They have a year and two months. This was violated last September. CHAIRMAN KAUFMAN: The stipulation says -- BOARD MEMBER CURLEY: The first letter -- CHAIRMAN KAUFMAN: The stipulation says -- MS. PATTERSON: It's 60 days. CHAIRMAN KAUFMAN: -- within 60 days of this hearing. BOARD MEMBER CURLEY: Right, but I'm reading the first letter that was sent to them September 2nd. CHAIRMAN KAUFMAN: I don't think that comes to play right now. (Simultaneous crosstalk.) BOARD MEMBER CURLEY: Well, it took them a year before they came to the Board. CHAIRMAN KAUFMAN: That's okay. This is what is in front of us right now, a 60-day stipulation. Okay. BOARD MEMBER CURLEY: Well, do you think they're going to listen to us instead of the paid -- the county officers? MR. LETOURNEAU: Well, I think a daily fine has a little bit more strength than just us telling them to move it, yes. CHAIRMAN KAUFMAN: Okay. MS. PATTERSON: And I might also add that Mr. Medina has a buyer for the trailers that are on the property right now. He had a bunch of tractors and trailers, or the truck part, the cab part, and then he had the trailers. He's since removed the truck -- the semis, but the trailers still remain. But he has a buyer for all of them. So it's just a matter of him getting them removed. That's what I was told. CHAIRMAN KAUFMAN: Okay. It's an old case -- MS. PATTERSON: Yes. CHAIRMAN KAUFMAN: -- but in the next two months it should be resolved one way or the other? MS. PATTERSON: That's his agreement, yes. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion on this stipulation? BOARD MEMBER AYASUN: So moved. CHAIRMAN KAUFMAN: To approve it? BOARD MEMBER AYASUN: Yes. CHAIRMAN KAUFMAN: Okay. We have a motion to approve it. BOARD MEMBER BHATLA: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. VICE CHAIR FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Sherry. MS. PATTERSON: Thank you. MS. BUCHILLON: ***Next stipulation, No. 5 CESD20230002893, Israel Acevedo and Nereida Rosa. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. D'ELIA: I do. MS. ROSA: Yes. CHAIRMAN KAUFMAN: Ma'am, could you pull that microphone down a little bit. There you go. And if you could give us your name on the mic. MS. ROSA: Nereida Rosa. CHAIRMAN KAUFMAN: Okay. This was a case that was an addition added to the rear of the home without a permit; is that correct? MS. ROSA: (Nods head.) CHAIRMAN KAUFMAN: Okay. Do you want to read the stipulation into the record for us? MR. D'ELIA: Please. Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; Abate all violations by obtaining all required Collier County building permits or demolition permit, inspections and certificate of completion/occupancy to keep or remove unpermitted alterations made to enclosed lanai at the rear of the house within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondents must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection and to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Have you seen any activity as far as getting a permit? MR. D'ELIA: Actually, it is in the system at this point. It's under -- it's going to be under the review status. The fees have been paid. They are on top of trying to get a permit. I have seen the application within the system that we use. CHAIRMAN KAUFMAN: Okay. Do you think you're going to be able to get this all done in four months? MS. ROSA: Yeah. CHAIRMAN KAUFMAN: Yes? MS. ROSA: Yes. CHAIRMAN KAUFMAN: Okay. MS. ROSA: Sorry. BOARD MEMBER CURLEY: Motion to accept the stipulation as written. VICE CHAIR FUENTES: Second. CHAIRMAN KAUFMAN: Thank you. We have a motion and a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. VICE CHAIR FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. D'ELIA: Thank you very much. CHAIRMAN KAUFMAN: Thank you. MS. ROSA: Thank you. CHAIRMAN KAUFMAN: And the last stipulation. MS. BUCHILLON: ***Stipulation, No. 7, CESD20220007688, Erick Innis and Alyssa Innis. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MIGAL: I do. CHAIRMAN KAUFMAN: Okay. Let the record show the respondent is not present. Good morning. MR. MIGAL: Good morning. For the record, Rick Migal, Collier -- CHAIRMAN KAUFMAN: Rick, do you want to read the stipulation into the record for us? MR. MIGAL: I will. Therefore, it is agreed that the parties that -- excuse me. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days of the hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections and certificates of completion/occupancy for the unpermitted alterations of the horse barn within 90 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that the respondent fails to abate -- 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. I assume that they were here this morning and had to leave? MR. MIGAL: That's correct. CHAIRMAN KAUFMAN: Okay. Ninety days is pretty quickly. Do you have any idea whether they applied for a permit yet or not? MR. MIGAL: The permit's under review as we speak. CHAIRMAN KAUFMAN: Great. Okay. BOARD MEMBER CURLEY: I just have a question. So is there dogs living there now still? MR. MIGAL: I was there yesterday. There were no dogs. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion on this? BOARD MEMBER AYASUN: I do. CHAIRMAN KAUFMAN: Okay. Do you want to make a motion to approve their -- BOARD MEMBER AYASUN: So moved. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIR FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Rick. MR. MIGAL: Thank you. BOARD MEMBER AYASUN: As long as they take care of the dogs. MS. BUCHILLON: ***Next case, we're making a little change, going under old business, B, motion for imposition of fines and liens, No. 1, CEVR20200013095, Stephen K. Martin and Rachel R. Martin, Anne Marie Reinecke and Curt Salvatore Reinecke, Robert Holm and Bonnie Holm, and Erik Hass and Candace Hass. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MR. KAYE: I do. MS. SHOEMAKER: I do. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. MR. KAYE: Stuart Kaye. CHAIRMAN KAUFMAN: Okay. Stuart, of all the names that are here, I don't think I see yours. MR. KAYE: Good morning. I think you'll find quickly that this is about a violation to a landowner who owned the property who created a violation before we purchased the property. We subsequently purchased the property and then sold the property to the four people whose names that you mentioned. I think we'll be able to easily sort of share some information that might shed light on the situation, but that's why I'm here as well as one of the four homeowners as well. CHAIRMAN KAUFMAN: Okay. But, Kevin -- this is for the people who were cited. MR. NOELL: Sir, do you have permission to speak on behalf of the homeowners? MR. KAYE: I do, thank you, and one is here, yes. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Are you from Kaye Homes? MR. KAYE: Yes, ma'am. MR. LETOURNEAU: Maybe if you let Brad kind of lay it out for you first before we get going here. MR. KAYE: Perfect, perfect. CHAIRMAN KAUFMAN: Okay. You're up, Brad. MR. HOLMES: All right. Let me read this into the record here. For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On July 22nd, 2021, the Code Enforcement Board issued a findings of fact, conclusions of law and order. The respondent was found in violation of the references ordinances and ordered to correct the violation. See the attached order of the Board, OR5996, Page 2969, for more information. On January 27th, 2022, the Code Enforcement Board granted a continuance. On February 24th, 2022, the Code Enforcement Board granted an extension of time. Daily fines shall not accrue during this time from February 24th, 2022, till March 26th, 2022. See the attached orders of the Board in documents and images for more information. The violation has been abated as of June 30th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day from the period of January 1st, 2022, to February 24th, 2022, 37 days, for a fine amount of $7,400, and from March 27th, 2022, to June 20th, 2023, 461 days, for a fine amount of $92,200, for a total fine amount of $99,600. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.70. Total amount: $99,659.70. Some applicable factors: Gravity of this violation was not considered health and safety. Actions taken by the violator to correct: Original lot was split into four lots, issued permits obtained to improve each of the four lots. Any previous violations committed by the respondent/violator: None. Any other relevant factors: None. CHAIRMAN KAUFMAN: Okay. So as we've seen in the past, one way of getting past your fines is to sell the property. So the only ones that suffer on this are the taxpayers of Collier County. That's my personal belief. MR. LETOURNEAU: I would also add that the new property owners would suffer if you were to impose any fines to this. CHAIRMAN KAUFMAN: Yes. Okay. Time for the respondent. You're going to speak for the -- MR. KAYE: For just a moment and hand it over. CHAIRMAN KAUFMAN: Okay. MR. KAYE: Good morning. Thank you. As I said, my name is Stuart Kaye with Kaye Lifestyle Homes. I've had the pleasure of living in Naples for over 40 years and the pleasure of building in Naples for over 35 years. Other than a grass violation, I'm not aware that I've ever been in front of the Code Enforcement Board in 35-plus years. This is, as we mentioned, a violation that took place sometime before we owned the property. We're going to tell you why we don't -- why we don't think there should be a fine. In a minute, I'm going to ask our environmental consultant to talk with you. I will tell you that we've worked well with the county, with Mr. Holme [sic]. Last week we received a phone call from he and someone he works with sharing with us that they did not -- that they were going to recommend against the fine because of what they understood and came to know. We were not -- we were then under the impression that we would not be required to speak this morning. When I came here, Mr. Holme said, no, I want -- you guys need to speak first. If he needs to speak any after that, he will -- we will do that. So I'm going to now turn it over to our environmental consultant who will give you a little bit of a history about the property, and then I'll respond to any questions and then hopefully, if you have any others, you know, Mr. Holme will speak up as well in our favor, as he did last week. Thank you. MS. SHOEMAKER: Good morning. My name is Catarina Shoemaker, and I'm the owner of Tropical Environmental Consultants. I was hired by Kaye Lifestyle Homes in March of 2022, but I've been working with them for the past six years and representing them in their environmental needs. The purchase of the property occurred in February of 2021, and one of the stipulations was to -- in order to remedy the situation was to obtain building permits for each lot to, essentially, show that the clearing violation would be utilized towards the building of the homes. I'm sorry. I'm really nervous. This is my first time up here. Previously to me being hired on as the environmental consultant for the last lot, the other three lots were represented by a different consultant firm that was hired by the seller. He had obtained two DEP verification of exemptions for two of the lots out of the four, and they were approved. Shortly after they were approved and after the property was acquired by Kaye Lifestyle Homes, they had then put their building permits in place for those two lots. The two remaining lots, however, required an Environmental Resource Permit from the DEP. The other company handled one of those permits, and the other one, he was working on it; however, it seemed to have gotten stalled at some point in 2022, early 2022, and that's why I came into place. They asked me to see if I could take over and expedite the process of obtaining the Environmental Resource Permit from DEP. We contracted with them in March of 2022 for the remaining property that did not have an ERP. The hurricane and also some changes that were made to the Department of Environmental Protections, the way times are -- they've been extended, especially over the last two years, I would say. It's taking a minimum of 12 months to obtain any permits. Once we contracted with them, we handed everything in and started the whole process but did not obtain the final permit until June of this year, at which point they handed in their building permit for the last remaining lot. So Kaye Homes, you know, as soon as they got their environmental approval to move forward with their building permit, they then handed in their building permit to remedy the situation, but they could not have done this any sooner than June of this year. CHAIRMAN KAUFMAN: Okay. Do you have any further people to speak? MR. KAYE: No, sir. Just one comment. And this is about -- this is about requiring compliance with the DEP. But we -- the process to comply with the DEP started even before we closed on the property. And, again, the DEP normally has certain time requirements that they're required to get back in touch with you. But between the hurricane and a number of other things, the statute was extended, and there were no time frames. So your requirement was that we had to submit our permits. Our building permits were ready to go. I believe they had been into the county, but I'm not 100 percent sure, but we had to have the DEP approval in order to move them forward. The violation was about the DEP. The DEP kept us from going forward. So that's why we appreciate that the code enforcement staff is supporting us and that there should be no fines because we've done everything we possibly could from day one, and we've stayed in touch and communicated with them throughout the process, and they know. So I hope if you have any questions, other technical questions, that you'll refer back to your staff. Thank you. CHAIRMAN KAUFMAN: Okay. My comment on this is this was somebody who cleared some property without a permit, and to come into compliance, you either had to have a building permit for the sites, whether it's one lot or four lots, which was never done. Was a permit ever pulled by the original people? MR. HOLMES: No. CHAIRMAN KAUFMAN: No. So now you sell the property. And as I said before, I have no problem with Kaye Homes. They did everything they could to come into compliance, but this is a case where we should have imposed the fines a year ago. BOARD MEMBER CURLEY: Two years ago. This is a case -- CHAIRMAN KAUFMAN: Two years. BOARD MEMBER CURLEY: -- of a hot potato. CHAIRMAN KAUFMAN: Yes. So I have a lot of problems with just letting this off the hook. I would hope that Kaye Homes got a great price to buy it. That's not our concern. But if you have $100,000 sitting over your head and you're trying to sell a piece of property, you'll probably get a hell of a deal on that property, and that's what happens when people who are -- not this particular case -- people that are in violation sell the property before the fines are due. BOARD MEMBER CURLEY: Well -- and to that, when you buy real estate now -- and Mr. Kaye is very aware of this. He's been in business a long time. And I'm not pointing a finger at you. We know these cases come up before you do your -- while you're doing your due diligence. So this was already a hot potato in 2020. So three years later, now we're -- you know, everybody's got their nice home or their houses are being built and everybody's good except for the neighbors and the wildlife and the live oaks and the trees and whatever else was living there, you know, that didn't get the respect of how other people do it. The people that do it normally follow all the rules. So now you're not -- now you're just begging for forgiveness instead of asking for permission. I dislike that. MR. KAYE: Let me share a little insight. I agree 100 percent, conceptually, with what you're saying. The prior owners should have done nothing. They actually just cleared some underbrush. And there's written correspondence with environmentalists and the DEPs basically stating that had they just opened up the canopy above, over the course of the next period of time, it would have dried out and not been wetland. I'm not defending anything they did by any stretch. CHAIRMAN KAUFMAN: We're not here to hear the case. MR. KAYE: No. It wasn't a big piece of -- it was a small thing, but it was totally wrong, so I want to be clear. But I will tell you -- and Ms. Shoemaker used to work for the DEP -- that if anybody would have said it would have taken the DEP as long as it took them to approve of this, they would have said, it's impossible. It's never going to happen. They're not allowed. There's Florida Statutes. So because of the hurricane, because of the issues, that they had abeyances and the extension to their approval -- our permit was ready to go at the county. I mean, we were ready to go, but we could not go because the -- because of the DEP. So that's -- we just want to make sure we understand, we have been ready, but because the DEP legitimately had the ability to extend their permit basically indefinitely, that's why we're having this conversation with you. VICE CHAIR FUENTES: Well, I'd like to make a motion. It's probably going to be the best motion, because Sue's ready to fire. I'd like to make a motion that they go ahead today and pay the operational costs of 59.28 -- I'm sorry, 59.70, and we go ahead and reduce the fines to $5,200 to be paid within 60 days. CHAIRMAN KAUFMAN: I'll second it. BOARD MEMBER CURLEY: It should be paid within 30. BOARD MEMBER AYASUN: No, 60 is fine. CHAIRMAN KAUFMAN: Yeah. Paid within how many days? VICE CHAIR FUENTES: Sixty. CHAIRMAN KAUFMAN: Sixty days, okay. We have a motion and a second. All those in favor? BOARD MEMBER CURLEY: Wait -- we have discussion on it? CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER CURLEY: I felt like it should be that times four because there's -- I can -- VICE CHAIR FUENTES: I know. BOARD MEMBER CURLEY: -- give you my thoughts. VICE CHAIR FUENTES: That's why I made the motion. BOARD MEMBER CURLEY: There's four -- it should be that number times four, and we never heard the current owner speak. And I just feel like they should spread that over the course. And to get up here and cry that the DEP didn't approve their unapproved permits later -- they were busy approving permits that were put in correctly from the beginning, not fixing ones that were put in after the fact. So I don't -- I don't like any of that, you know, why it took so long. Things have taken so long since Irma, and that was in 2017. And as environmental people and as builders, you guys know that. CHAIRMAN KAUFMAN: Okay. I don't -- BOARD MEMBER CURLEY: There's already a second on the table, but if it was my druthers, I would do that number times four. MR. HOLMES: If I may respectfully interrupt, two of the property owners are here today, and I do believe -- CHAIRMAN KAUFMAN: We closed it. I asked if there were any more questions and got -- MR. HOLMES: They were trying to wave and whatnot. I think it would be prudent -- VICE CHAIR FUENTES: They're not going to -- it's not going to be a zero factor here. It's going to be I give them a slap on the wrist for 5K, or Sue's going to go ahead and call for four times that value, so -- CHAIRMAN KAUFMAN: Okay. VICE CHAIR FUENTES: -- I think this is probably as good as it's going to get, guys. BOARD MEMBER AYASUN: There's a motion and a second -- (Simultaneous crosstalk.) CHAIRMAN KAUFMAN: There's a motion and a second. Is there more discussion on it? MR. NOELL: And if I may -- and not -- just to make sure that the homeowners that are present have due process so they have the right to be heard, I would ask if they can come to the microphone and just be asked if they do want to address the Board, and if they do, I would -- I would advise the Board to reopen the hearing just so you can take any questions or ask any questions, take any answers from them. That way there's no due process issue. CHAIRMAN KAUFMAN: Okay. MR. NOELL: Okay. CHAIRMAN KAUFMAN: Even though I had asked specifically for the person who was representing the owner -- the previous owners if he had anybody else to speak, and he said no. MR. NOELL: Yeah. The only reason I would advise that is the code enforcement officer had stated that a homeowner was waving their hand, I believe you said. BOARD MEMBER CURLEY: Yeah. They were waving their hand at what I had to say. MR. NOELL: I don't know that. I don't know why they were. I'm just legally advising the Board just -- VICE CHAIR FUENTES: They raised their hand, I believe, if I'm not mistaken. MR. NOELL: -- out of due process, that would be the safe -- CHAIRMAN KAUFMAN: Kevin, I take your advice. MR. NOELL: Thank you. CHAIRMAN KAUFMAN: And we will let them speak, okay. We're not going to hear the case again, but if you have something that you'd like to say, now's your time. 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. MARTIN: I do. I apologize for not knowing the rules of the Board, but I appreciate you letting us address the Board today. We just wanted to -- THE COURT REPORTER: Can I get your name? MR. MARTIN: Stephen Martin, and my wife, Rachel Martin's here. We own Lot 1, the lot nearest the canal. We just wanted to let you know that we were here and we take this serious. We've talked to Investigator Holmes about this previously. We bought the lot in August of 2021. I was with the federal government for 35 years, a native Floridian, and wanted to move back down to my roots, so that's what we were doing in coming from Charlotte. We're still an ongoing process with the home. We had no knowledge of this violation until we got notified from Kaye Homes and got a notice to appear here today. So in looking at the clearing that Investigator Holmes showed us, it's in the middle, so it's not on our side if we're subdividing it into four lots. I understand it passes down to the owners, and we're one of four families that do own that 10-acre lot. But we just want to note that we showed up today, we take it serious, and we had nothing to do with it. We didn't even know the lot existed when I think this code violation happened and, you know, thank you for your time. CHAIRMAN KAUFMAN: So in July of 2021 when this was cited, the owner of the property was who? MR. MARTIN: It wasn't us, because we bought it in August of 2021, the one lot, Lot 1. CHAIRMAN KAUFMAN: Was this four lots back in July of 2021? It was one piece of property? MR. HOLMES: Yes. CHAIRMAN KAUFMAN: And who was the owner of the property at that time? MR. HOLMES: It was Viridites, if I'm pronouncing it correctly. It's, like, an LLC or a -- it was under a guise of some sort, some sort of corporation that owned it. CHAIRMAN KAUFMAN: So they were cited? MR. HOLMES: They were cited. They were the ones that initiated what they considered exploratory clearing. CHAIRMAN KAUFMAN: Okay. I understand. BOARD MEMBER CURLEY: Okay. Thank you. That's helpful. CHAIRMAN KAUFMAN: Okay. Thank you, sir. MR. MARTIN: Thank you. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So it's 5,000 instead of 100,000. VICE CHAIR FUENTES: 5,200. CHAIRMAN KAUFMAN: 5,200, excuse me. MR. KAYE: Thank you. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Instead of 20,000. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: ***Okay. The next case would be under old business, motion for imposition of fines and liens, No. 4, CESD20200009039, Kurt Clapper and Tricia Clapper. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. CLAPPER: Kurt Clapper. 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. HOLMES: I do. MR. CLAPPER: I do. CHAIRMAN KAUFMAN: Okay. Bradley, you want to read this into the record for us? MR. HOLMES: Certainly. For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On September 23rd, 2021, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6027, Page 1219, for more information. The violation has not been abated as of September 28th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from January 22nd, 2022, to September 28th, 2023, 615 days, for a total fine amount of $123,000. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.49. Total amount: $123,059.49. CHAIRMAN KAUFMAN: Okay. Must be a beautiful shed. Okay. Kurt, you're up. MR. CLAPPER: Long story short, we hired a company a couple years ago to put it up. They were supposed to pull the permit; they didn't. I was dealing with them after the fact trying to get it taken care of, and in that process, you know, Code Enforcement became involved. And since that time, we've been trying to get everything done that we've had to go through, step after step, to meet the requirements for the county permit. We had our final inspection. I thought that was it, but apparently we still have our elevation certificate and the final survey that needs to be done. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: That's it? CHAIRMAN KAUFMAN: Has this gone to contractor's licensing? Was the contractor that was hired to do the job licensed? MR. CLAPPER: It was Carolina Carports out of North Carolina. When we originally started the code enforcement, it was turned over to them. I'm not sure what happened with that. BOARD MEMBER CURLEY: It doesn't matter. Excuse me. County, so is that really it, two last inspections? MR. HOLMES: His final inspection, which was -- and it was passed on October 18th of 2022, he does have his remaining conditions. He had a compaction test done recently, to my understanding, per our conversation, and then he has two other remaining conditions to resolve, and I advised him to ensure that all fines -- or all fees have been paid as well. BOARD MEMBER CURLEY: So you just need to revise the elevation certificate and -- I mean, a revised survey with an elevation certificate? MR. CLAPPER: Correct. To my understanding, I need the elevation certificate and the revised survey showing flood vents installed on the building. CHAIRMAN KAUFMAN: Okay. Do you have the name of the contractor that submitted the final? MR. HOLMES: Not immediately in front of me, no. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Did you do this yourself, or somebody else did it? MR. CLAPPER: The permit? BOARD MEMBER CURLEY: The cleanup. MR. CLAY: I dealt with everything after the fact. So I've been stumbling my way through this for the last year or two trying to figure everything out. BOARD MEMBER CURLEY: So there's no contractor. CHAIRMAN KAUFMAN: Okay. What we are faced with -- this is not in -- has not been abated. So we have a choice of two things: Impose the fine or grant an extension till everything is done and then rehear it once the product that -- the problem has been abated. That's what we have in front of us right now. BOARD MEMBER CURLEY: I have a question. Have you called your survey guy that you have the old survey on and asked him to revise it, update it? MR. CLAPPER: I have not because I wasn't sure exactly what I needed. I just recently found that out, so I was waiting, actually, until I came in today so that I could verify with the county that those are the last conditions that I need. I've had him out for another survey, so they're quick to get out and take care of things for me. So I would expect that I would be able to have that done within a couple of weeks. BOARD MEMBER CURLEY: Well, I would make a motion to extend this; is that right? CHAIRMAN KAUFMAN: To grant a continuance. BOARD MEMBER CURLEY: Continuance for 60 days. And if you get this down sooner, you better call downtown. And when you leave here, you should go to Horseshoe Drive and make sure you have everything you need. MR. CLAPPER: Absolutely. BOARD MEMBER CURLEY: Because this is going to be a very expensive shed for you if you don't finish this soon. MR. CLAPPER: Right. CHAIRMAN KAUFMAN: Okay. Do we have a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. This is to grant a 60-day continuance on this case. Any discussion on that? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. VICE CHAIR FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have two months. Don't dilly-dally, because it -- MR. CLAPPER: No. I'm headed to the county when I leave here to verify that, and I will get everything done. CHAIRMAN KAUFMAN: You need to have a CO, okay. VICE CHAIR FUENTES: Correction officer? CHAIRMAN KAUFMAN: Yeah. He may need that after he deals with the contractor, but -- so I wish you lots of luck, and hopefully you'll get this done, and you'll be back here in two months -- MR. CLAPPER: Okay. Thank you. CHAIRMAN KAUFMAN: -- so we can dispose of the fine one way or the other. MR. CLAPPER: Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: ***Next case, No. 5, CESD20210012756, Daniel Zalimov and Julie Zalimov. CHAIRMAN KAUFMAN: Is this in imposition? MS. BUCHILLON: Yes, sir. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PITURA: I do. MR. ZALIMOV: I do. Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. ZALIMOV: Good morning. My name is Dan Zalimov and my sugar wife over there, Julie Zalimov, sugar angle baby. CHAIRMAN KAUFMAN: Okay. All dressed in blue. Okay. Do you want to read this into the record for us? MR. PITURA: I do. Past orders: On March 24th, 2022, Code Enforcement Board issued findings of facts, conclusions of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, OR6112, PG 2345, for more information. The violation has been abated as of August 14th, 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 August 14th, 2023, 324 days, for a total fine amount of sixty-four thousand dollars, eight hundred. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing: 59.28. Total amount: $64,859.28. The gravity of the violation is it is not health or safety. Any corrections/actions taken by violator was all permits have been finaled. PRPL20220944504, on June 6th, 2023; the electrical permit, PREL20220944505 on August 10th, 2023; and the roof permit, PRRF20220841859 on June 27th, 2023. Any previous violations committed by the respondents/violator is none. Any other relevant factors is none. CHAIRMAN KAUFMAN: Okay. Sir. MR. ZALIMOV: Yes, sir. CHAIRMAN KAUFMAN: This case was opened in 2022, March the beginning of 2022. MR. ZALIMOV: Yes, sir. I was -- first time come here on March 24, 2022. You give me six months for all my case to be fixed. Well, my educational, I'm (unintelligible). I not have education. On this contract, I understand to be -- pull the permits in this six months, and later I understand, no, I was wrong. I was supposed to be finished complete in six months. Well, time was kind of fast -- fly fast, you know, busy with my work. And September, a year ago exactly this day, I was have a lot of permits. It was coming the hurricane. And I was have enough water to be -- damage the whole house, which take me a year to be refix everything, just having to close all the permits, technically a couple months ago in June, July, August, all these three permits. I have the certificates for -- (Simultaneous crosstalk.) VICE CHAIR FUENTES: I'm going to make a motion here. I'd like to make a motion that we deny the county their imposition of fines and that today's operational costs do get paid within 30 days, of $59.28. BOARD MEMBER CURLEY: Yeah. I'm going to second that one. CHAIRMAN KAUFMAN: Okay. We have a motion. I have a question. MR. ZALIMOV: Yes, sir. CHAIRMAN KAUFMAN: This was cited originally in March of 2022. The hurricane -- MR. ZALIMOV: Correct. CHAIRMAN KAUFMAN: -- came in October. MR. ZALIMOV: September 28th, exactly one year from today. BOARD MEMBER CURLEY: It's in Brookside. CHAIRMAN KAUFMAN: I understand. The hurricane -- this is March of 2022. BOARD MEMBER CURLEY: Even if he had it done in time, he would have been flooded. CHAIRMAN KAUFMAN: Don't argue with me. Let me speak. This was done -- cited in March of 2022. My question to you is -- MR. ZALIMOV: Yes. CHAIRMAN KAUFMAN: -- why didn't you pull a permit then? MR. ZALIMOV: I start to pull the permits, but it was taking -- it's very hard for me, the paperwork, sir. I'm a worker. I'm not a paperwork, you know. It's hard for me to go to the county. But I pull everything. I have friends to help me with all the permits. And the time I start with all the permits, it's coming hurricane. For this reason, I'm late, you know. It's -- CHAIRMAN KAUFMAN: So you did all the work yourself? MR. ZALIMOV: Yes. I bring, contractors, the roofers, but I help with me, my friends. You know, I'm doing everything, you know, save money, save -- you know. CHAIRMAN KAUFMAN: Okay. That was my question. Any other questions from the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none. We have a motion and a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. VICE CHAIR FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? Aye. Okay. MR. ZALIMOV: Thank you very much. MR. PITURA: Thank you. MS. BUCHILLON: ***Next case, No. 6, CESD20190014019, Yunior Lopez Morell. 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. MR. LOPEZ: I do. 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. RUIZ: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone. MR. LOPEZ: Yunior Lopez. CHAIRMAN KAUFMAN: Okay. MS. RUIZ: Justina Ruiz. CHAIRMAN KAUFMAN: Okay. Would you like to read this into the record for us? MR. MARINOS: Yes, sir, I will. For the record, Investigator Chuck Marinos, Collier County Code Enforcement. Past orders: On June 23rd, 2021, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5979, Page 3420, for more information. On February 24th, 2022, the Code Enforcement Board granted a continuance. Daily fines shall not accrue during this time from February 24th, 2022, to May 24th, 2022. 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 not been abated as of September 28th, 2023. Fines have accrued at a rate of $50 per day for the period from January 24th, 2022, to February 24th, 2022, 32 days, for a fine amount of $1,600, and from May 25th, 2022, to September 28th, 2023, 492 days, for a fine amount of $24,600, for a total fine amount of $26,200. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing is $59.63, for a total amount of $26,259.63. CHAIRMAN KAUFMAN: Okay. Okay, sir. It's your turn to -- this is -- has not been abated; is that correct? MS. RUIZ: Okay. He's paying the workers. They are fixing it. He moved into the house. This was something that he didn't do. It was already there when he moved into the house, and now he's getting fined for it, so he is paying little by little, and they're working on it to fix the permits and everything. He's just asking for a little bit more time, like, maybe more -- three more months, and they'll be able to finish it. They're already fixing everything that needs to be fixed. CHAIRMAN KAUFMAN: Are there permits pulled on this? MR. MARINOS: There are two permits pulled. Both their statuses are in good standing. They have been making steady progress moving forward for the entire time. Just, obviously, not completed. CHAIRMAN KAUFMAN: Okay. So what you're asking for, since this has not been abated, is for three months? MS. RUIZ: Three more months. CHAIRMAN KAUFMAN: Okay. Questions from the Board? BOARD MEMBER CURLEY: How much more -- can you ask him how much more is -- just, vaguely, how much more needs to be done just so we know three months is enough. MS. RUIZ: Actually, he said two more months, but he's -- you know, he said three would -- rather be safe than sorry. BOARD MEMBER CURLEY: I mean, this one's already rolling. We might as well keep it rolling. I think you should give him four months just so we don't have to extend again, and then pretty much, like, that would be it, if the Board agrees on that. But, I mean, this has been going on for a long time. I recognize him. I know that he bought it this way, and... MS. RUIZ: Yeah. He said, so he won't be so pressured, that if you can give him four months, that would be great. CHAIRMAN KAUFMAN: I think that the purpose of the fine is to pressure people to get it done. BOARD MEMBER CURLEY: Some people, but -- CHAIRMAN KAUFMAN: Why don't you give him -- why don't you give him until next year sometime, then? BOARD MEMBER CURLEY: Well, we already have since 2019, so we might as well let the man finish the project that he inherited. MS. RUIZ: He is struggling. CHAIRMAN KAUFMAN: He asked -- he said he could do it in two months, they're asking for three months, and you want to make it four months. So why don't you make it next year sometime? BOARD MEMBER CURLEY: Okay. Well, why not? We'll just do it for four years. CHAIRMAN KAUFMAN: Go ahead. Make a motion. BOARD MEMBER CURLEY: Four whole years to fix this thing that he inherited because his title -- VICE CHAIR FUENTES: Let him know that if he cannot accomplish this within the next four months, by the time he comes back, I do believe that the fines would absolutely be imposed at that moment, because he wants this to be resolved, and we need it to be resolved. MS. RUIZ: Well, that's what the people that are working on the -- in the place that they -- it's going to take them to fix it. BOARD MEMBER CURLEY: That much money? MS. RUIZ: Yes. VICE CHAIR FUENTES: What I'm saying is, basically, this is the last chance. We're giving you double the time frame. MS. RUIZ: He already paid for everything. He's just waiting for them to finish the job. BOARD MEMBER CURLEY: I'll make a motion to extend -- CHAIRMAN KAUFMAN: Continue. BOARD MEMBER CURLEY: -- continue the case for four months. MR. NOELL: And, ma'am, if I may ask, does your motion also include paying today's operational costs? BOARD MEMBER CURLEY: Yeah, today's operational costs would be -- need to be paid. BOARD MEMBER AYASUN: $59.63. MS. BUCHILLON: Thirty days? BOARD MEMBER CURLEY: In 30 days, yeah, 59.63. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? VICE CHAIR FUENTES: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. VICE CHAIR FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? Aye. Okay. MR. LOPEZ: Thank you. MS. RUIZ: Thank you. BOARD MEMBER CURLEY: Good luck. MS. BUCHILLON: ***Next case, No. 7, CEVR20220003493, Suso 4 Mission Hills LP, in care of Slate Asset Management LP. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MS. THEODORE: I do. CHAIRMAN KAUFMAN: Okay. Bradley, you want to read this into the record for us? Ma'am, could you state your name on the microphone for us, please. MS. THEODORE: Sue Theodore, property manager for Mission Hills Plaza. CHAIRMAN KAUFMAN: Okay. MR. HOLMES: All right. For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On November 18th, 2022, 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, OR6199, Page 1726, for more information. On June 22nd, 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 been abated as of July 27th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from May 18th, 2023, I think that -- to July 27th, 2023, 71 days, for a total fine amount of $7,100. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing: $59.63. Total amount: $7,159.63. Some applicable factors. The gravity of the violation, this was not considered health and safety. Any actions taken by the violator to correct: They obtained a vendor to replace all dead/missing vegetation and repair the irrigation system. Previous violations committed by the respondent/violator: Case No. CENA20220005667 for exotic vegetation in preserve areas; Case No. CEPM20220005689 for a fountain in disrepair; and Case No. CESD202200010899 for clothing donation bins in parking spaces. Any other relevant factors: All previous violations listed have come into compliance. CHAIRMAN KAUFMAN: Okay. Ma'am? MS. THEODORE: Good morning. CHAIRMAN KAUFMAN: Good morning. MS. THEODORE: I am here to ask that the fines be abated. This was a large undertaking. It wasn't that, you know, we weren't responding. It was a matter of parts and pieces for, first, an irrigation system. You can't put in new plants until you know your irrigation system is working. Once we got that in, plants were ordered. And this was a huge project. This was $100,000 worth of plants. It looks like a totally new shopping center. It was all the way back to original plans. So it was big. We acted as quickly as we could within, you know, what we could get, so... MR. NOELL: Ma'am, can you just state your name and your relationship to -- MS. THEODORE: Oh, I did. Sue Theodore. I am the property manager for that shopping center that Suso 4 owns. VICE CHAIR FUENTES: Well, I'd like to make a motion. CHAIRMAN KAUFMAN: Okay. VICE CHAIR FUENTES: I'd like to make a motion that today's operational costs of 59.63 get paid within 30 days and that we reduce the county's fines to $150, to also be paid within 30 days. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. VICE CHAIR FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Thank you. MS. THEODORE: Thank you. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: ***Next case, No. 10, CEAU20220005893, Yanelis Hernandez and Eliecer Ramirez. THE COURT REPORTER: Do you swear or affirm you will translate everything from English into Spanish and Spanish into English to the best of your ability? MR. RAMIREZ: I do. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. MR. RAMIREZ: I do. MS. HERNANDEZ: I do. THE COURT REPORTER: I need his name first. MR. RAMIREZ: Carlos Ramirez. I'm the son. I'll be translating for her. CHAIRMAN KAUFMAN: Okay. MS. HERNANDEZ: Yanelis Hernandez. CHAIRMAN KAUFMAN: Okay. All righty. Chuck. MR. MARINOS: All right. CHAIRMAN KAUFMAN: Do you want to read this into the record for us? MR. MARINOS: Absolutely. Past orders: On January 26th, 2023, 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 attached order of the Board, OR6217, Page 841, for more information. The violation has been abated as of July 7th, 2023. Fines have accrued at a rate of $50 per day for the period from May 27th, 2023, to July 7th, 2023, 42 days, for a total fine amount of $2,100. Previously assessed operational costs of $59.28 have been paid; operational costs for today's hearing, $59.35; for a total amount of $2,159.35. Please note the documents in front of you are incorrect because the operational costs were paid late yesterday. CHAIRMAN KAUFMAN: Okay. Take out the word "not." Okay. MS. HERNANDEZ: In December -- MR. RAMIREZ: Okay. So she's saying that in December of 2022, the permit was opened, and she did hire Octavio Sarmiento from Asset Design, and that was a delay and a mistake. We kept contacting them, and we get no response. And the easement agreement was also delayed, so... BOARD MEMBER CURLEY: Well, I think you acted pretty fast. VICE CHAIR FUENTES: So I'd like to make a motion. I'd like to make a motion that the operational costs for today for 59.35 do get paid within 30 days and that we go ahead and deny the county their imposition of fines. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. BOARD MEMBER BHATLA: I second it. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. VICE CHAIR FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. HERNANDEZ: Thank you. MR. RAMIREZ: Thank you. CHAIRMAN KAUFMAN: Good luck. MS. BUCHILLON: ***Next case, No. 12, CELU20210009717, Azteca Supermarket 2000, Inc. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. RODRIGUEZ: I do. MS. LUNA: Yes. CHAIRMAN KAUFMAN: Okay. Maria, you want to read this into the record for us? MS. RODRIGUEZ: For the record, Maria Rodriguez, Collier County Code Enforcement. Past orders: On February 23rd, 2023, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR6225, Page 1820, for more information. On July 31st, 2023, the Code Enforcement Board granted a continuance. See attached order of the Board in documents and images for more information. The violation has been abated as of August 3rd, 2023. Part one: Fines have accrued at a rate of 250 per day for the period of -- from June 24th, 2023, to August 3rd, 2023, 41 days, for a total amount of $10,250. Part 2: Fines have accrued at a rate of $250 per day for the period from June 24th, 2023, to August 3rd, 2023, 41 days, for a total amount fine of $10,250. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.70. Total amount is $20 -- $20,559.70. The gravity of the violation is a health and issue safety. Any actions taken by the violator to correct: Unauthorized business was closed, abating the violation. Any previous violations committed by the respondent: No. Any other relevant factors: Some fire department report violations remain pending. CHAIRMAN KAUFMAN: Okay. I remember this case from when the firemen were here -- MS. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: -- last time. Okay. So you've resolved the situation, because I see the case is now -- has been abated, the situation. MS. LUNA: Yes. THE COURT REPORTER: Your name? MS. LUNA: Lydia Luna. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? (No response.) CHAIRMAN KAUFMAN: I'm assuming you're asking for the fines to either be abated or reduced? MS. LUNA: Correct. CHAIRMAN KAUFMAN: Okay. MS. LUNA: Yes, because we are -- the engineer is already doing -- waiting for the pre-app. He already submitted it. He's just waiting for it to see when they're going to see them so he could show what -- so we could get the correct occupational license on it. BOARD MEMBER CURLEY: So they're going to try and make it an evening place? MS. LUNA: Yes. VICE CHAIR FUENTES: I'd like to make a motion. CHAIRMAN KAUFMAN: Go ahead. VICE CHAIR FUENTES: Evening place. I got somewhere to take the ladies now. But, no, I'm taken. BOARD MEMBER CURLEY: I mean, I told him to call Alfie. VICE CHAIR FUENTES: I'd like to make a motion that the operational costs for today of $59.70 do get paid within 30 days, and that we go ahead and reduce the county's fines to $250, okay. That would also be paid within the 30 days. MS. LUNA: Okay. Sure. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. VICE CHAIR FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you -- MS. LUNA: Thank you. CHAIRMAN KAUFMAN: -- and good luck. BOARD MEMBER CURLEY: Good luck. CHAIRMAN KAUFMAN: I'll come out for a drink. MS. LUNA: Sure. CHAIRMAN KAUFMAN: Then I'll get picked up for drunken driving. No. VICE CHAIR FUENTES: It looks like Cristina Perez is about to come up, so you know it's a serious case. CHAIRMAN KAUFMAN: Yeah. She's got her own private seat there with her computer. BOARD MEMBER CURLEY: I'm so glad they're making it a nightclub. CHAIRMAN KAUFMAN: Terri, are you okay, or do you want to have one more case? THE COURT REPORTER: One more. CHAIRMAN KAUFMAN: One more case. Okay. Helen, you're in charge. MS. BUCHILLON: ***Next case, No. 14, CESD20210001545, First Property Yanza, LLC. THE COURT REPORTER: Do you swear or affirm you will translate everything from English into Spanish and Spanish into English to the best of your ability? MS. CERIVARO: Yes. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PEREZ: I do. MS. FERNANDEZ: I do. THE COURT REPORTER: And what's your name? MS. CERIVARO: Evi Cerivaro (phonetic). I'm the translator. CHAIRMAN KAUFMAN: Okay. Maria [sic], you want to read this into the record for us? MS. PEREZ: All right. Good morning. For the record, Cristina Perez, Collier County Code Enforcement. Past orders: On February 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, OR6102, Page 1020, for more information. On May 25th, 2023, the Code Enforcement Board granted a continuance. See the attached orders of the Board in documents and images for more information. The violation has been abated as of August 25th, 2023. Fines have accrued at the rate of $100 per day for the period from August 24th, 2022, to August 25th, 2023, 367 days, for a total fine amount of $36,700. The previous operational costs of $59.28 and $59.49 have been paid. Operational costs for today's hearings is $59.70. Total fine amount is $36,759.70. The gravity of the violation was not health and safety. Actions taken by the violator to correct the violation: All unpermitted structures were addressed by abating the required -- obtaining the required permits, inspections, and certificate of completion, or structures were removed from the property. Previous violations committed by the respondent were none, and there are no additional relevant factors. CHAIRMAN KAUFMAN: Okay. Does she have anything that she would like to add or change? THE COURT REPORTER: Can I get your name? MS. FERNANDEZ: Mayrelis Fernandez. MS. CERIVARO: The sheds that we're talking about here have been in place since 1998. She didn't find out until the county came to her home after she purchased the property. She didn't know that all those were illegal sheds. Since they came to her house, she started trying to get everything done to get it put -- like, get it in place with the county, have it in order. She closed the permits that were opened from 1998. It took her time because she even had to replace the roof on one of them. The rest, she tried to do it, but at the end of the day, she had to remove all the sheds because many of the -- a few issues were out of code and some were going to be two expensive for her to bring up to code. So the reason for the time delay, that it took her so long to get everything up to code is because at first she started trying to do everything on her own, and then she hired someone, a contractor, which he didn't do anything. He -- I think it was -- she mentioned that it was the person that the previous lady had as well. So she got rid of him, and she finally hired another contractor, which he has been slow as well but -- and in the last couple of months she's been dealing with the county directly, and that's how she managed to get everything closed and done. Well, thank God now everything's all done. VICE CHAIR FUENTES: Can she provide me the name of the contractor? MS. CERIVARO: The Sarmiento. She says Sarmiento is the only thing that she remembers because it was so long ago. The second one is Iran -- Iran Gonzalez. VICE CHAIR FUENTES: All right. I make a motion. BOARD MEMBER CURLEY: Second. VICE CHAIR FUENTES: I haven't made a motion yet. Make a motion that today's operational costs of $59.70 do get paid within 30 days, and we will reduce the county's fines to $500, which will need to be paid within 60 days. BOARD MEMBER AYASUN: Second. MS. CERIVARO: Five hundred even, was it? VICE CHAIR FUENTES: I'm sorry? MS. CERIVARO: Five hundred even? Was that $500? VICE CHAIR FUENTES: Do you want me to make it an odd number? MS. CERIVARO: No, no, no. I'm trying to figure out if that's -- (Simultaneous crosstalk.) CHAIRMAN KAUFMAN: $559.70. VICE CHAIR FUENTES: Five hundred dollars to be paid within 60 days, but today's operational costs, which is 59.70, do need to be paid within 30 days. MS. CERIVARO: She says thank you so much. VICE CHAIR FUENTES: You're welcome. CHAIRMAN KAUFMAN: We have a second. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. VICE CHAIR FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. FERNANDEZ: Thank you very much. CHAIRMAN KAUFMAN: We're going to take a court reporter break right now. Be back in 12 and a half minutes. (A brief recess was had from 10:25 a.m. to 10:43 a.m.) CHAIRMAN KAUFMAN: That's for Troy. I didn't tap it. We got instructions this morning not to tap the mic. If you want to know if it's on, blow on it. I use to go out with a girl that used to like that in her ear a lot. I'm just telling you life stories. Okay. What's next? MS. BUCHILLON: ***We're still under imposition of fines. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Number 15, CESD20220001465, Jesus A. Gonzalez and Justina Ruiz. 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. RUIZ: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MS. RUIZ: Justina Ruiz. CHAIRMAN KAUFMAN: You do look familiar, like you've been here before, okay. Chuck, do you want to read this into the record for us? MR. MARINOS: Yes, sir, I certainly would. Past orders: On July 28th, 2022, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6165, Page 3450, for more information. The violation has been abated as of September 26th, 2023. Fines and costs to date are as follows: Fines have accrued at a rate of $50 per month for the period from July 29th, 2023, to September 26th, 2023, for a total fine amount of $100. Previously assessed operational costs of $59.28 have been paid, operational costs for today's hearing is $59.28, for a total amount of $159.28. The gravity of the violation is not health or safety. Any actions taken by the violator to correct: They obtained certificate of occupancy for Permit PRBD20200938304 on 9/18/2023 and Permit PRBD20200727451 on 9/26/2023. No previous violations committed by the respondent or violator, and no other relevant factors. VICE CHAIR FUENTES: I've just got to ask: Why only $100? What was it, like -- I mean -- MS. RUIZ: That's a lot of money. BOARD MEMBER AYASUN: It says "a month." MS. RUIZ: That's a hundred dollars I don't have. VICE CHAIR FUENTES: I mean, this is -- you're messing with us. CHAIRMAN KAUFMAN: Make a motion, would you? VICE CHAIR FUENTES: How about a fine of a dollar? BOARD MEMBER CURLEY: If you abate the whole thing, then they don't have to pay today's hearings costs. VICE CHAIR FUENTES: Just abate the whole thing. Is that okay with -- CHAIRMAN KAUFMAN: Make a motion. MR. LETOURNEAU: On this particular case, I think we could agree with it, yes. VICE CHAIR FUENTES: This is a rarity? MR. LETOURNEAU: Isn't it -- VICE CHAIR FUENTES: I feel like she's playing jokes with us. Like she's going to come back, and it's going to be $25. MR. LETOURNEAU: Yeah. I don't recall a $50 a month fine before, to be honest with you. BOARD MEMBER AYASUN: We never did. VICE CHAIR FUENTES: Well, I'll make a motion to -- CHAIRMAN KAUFMAN: Deny the -- VICE CHAIR FUENTES: Deny everything overall. Wash away the operational costs, wash away the $100. And I guess I hope to see you again so we get something out of this. BOARD MEMBER AYASUN: Second. MS. RUIZ: No. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER AYASUN: I second the motion. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. VICE CHAIR FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER AYASUN: Bye. MS. RUIZ: Thank you so much, guys. VICE CHAIR FUENTES: Come see us again. MS. RUIZ: Have a wonderful day. BOARD MEMBER CURLEY: No, we're not going to see her again. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: We have one last case under imposition of fines, and it is No. 2, CENA20220005940, Teri Lyn Thomas. BOARD MEMBER AYASUN: It's not been abated. MS. THOMAS: Hello. How are you? THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. MS. THOMAS: I do. MR. HERNANDEZ: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MS. THOMAS: Teri Lyn Thomas, and this is Rogelio Hernandez. CHAIRMAN KAUFMAN: Okay. Chuck, do you want to read this into the record for us, please? MR. MARINOS: I certainly will. Past orders: On July 28th, 2022, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6188, Page 500, for more information. On November 18th, 2022, the Code Enforcement Board granted a continuance. On June 22nd, 2023, the Code Enforcement Board granted a continuance. On July 31st, 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 September 28th, 2023. Fines have accrued at the rate of $100 per day for the period from August 28th, 2022, to September 28th, 2023, 397 days, for a total fine amount of $39,700. Fines continue to accrue. Previously assessed operational costs of $59.21 have been paid, operational costs for today's hearing is $59.84, for a total amount of $39,759.84. CHAIRMAN KAUFMAN: Okay. I thought we had this resolved after the last time. MS. THOMAS: I believe the Board had suggested that the -- that the code enforcement officer come out and, you know, point to specific things for me to clean up and work with me. I believe that was the recommendation. And you gave me another 30 days, which -- thank you very much. We filled up a dumpster, and we need -- well, yeah, there's been a total of two dumpsters, so this will be the third. And we're steadily making improvements. We're continuing to work hard at getting it cleaned up, so... CHAIRMAN KAUFMAN: What's left? MS. THOMAS: There's a couple more trailers of scrap. There's scrap metal. There's piles of -- we've kind of separated everything and put everything into piles. So there's tires, metal. There's -- we have got -- there's several cars still left over, but that's a separate case. There's -- there's, like, refrigerators. There's a couple of heavy items that we need to remove, but really, there's not too much left. I'm sure he could actually, you know -- CHAIRMAN KAUFMAN: The problem -- we hate to have you keep on coming back here. That's why I think I made a recommendation -- and I remember John mentioning it also -- that code enforcement officer was going to go out there and say this, this -- MS. THOMAS: Yes. CHAIRMAN KAUFMAN: -- and this needs to go so you'll be in compliance. Did that happen? MR. HERNANDEZ: Yes. MS. THOMAS: Yes. That recently happened, yes. CHAIRMAN KAUFMAN: You were out there, Chuck? MR. MARINOS: Yes, sir. We were out there yesterday. I had some communication issues beforehand. But the overall site -- I believe we have -- we've seen some steady improvement since the last time we were here. There's definitely been some improvement. There's been some new materials added, but those materials seem to have come from the interior of the property, as they're cleaning up the interior as well. I believe their intention is to sell the property. MS. THOMAS: Well, that -- it's in foreclosure. It's been in foreclosure for a year. So my intention is to keep my property, but if I have to, of course, I would sell it before I lose it completely, but my intention is to keep it. CHAIRMAN KAUFMAN: Do you have any idea of when it can become -- come into compliance? I'll ask Chuck the same question. MR. MARINOS: If we continue at this -- so on the 5th of July, she gained full ownership of the property. When she gained full ownership of the property, after probate and everything was done, the speed that it has been improving at has significantly increased. So the improvement recently has been much faster than it had been previously. If we continue at that speed, especially if we can kind of accelerate a little bit, I imagine we can -- they can have it done at a -- at a decent time frame. You know, not talking another three months to a year or anything like that. But I'd be hard pressed to say they could have it done in 30 days. MR. HERNANDEZ: May I say something? CHAIRMAN KAUFMAN: Sure. MR. HERNANDEZ: So I'm her boyfriend or whatever. It's just me on the property, really, besides the guy in the front house. I'm working most of the time. And it's me, her, and the two kids, you know what I mean? And paying for everything to get out of there and the trailers are scrap and all that stuff, it's just -- I mean, that's why it's taken so long, to be honest with you. MS. THOMAS: Yeah. We've spent nearly $1,000 on dumpsters and stuff like that. So I mean, this is coming out of his pocket. (Simultaneous crosstalk.) MR. HERNANDEZ: I make, like, 500, you know, so... CHAIRMAN KAUFMAN: Okay. Questions from the Board? I know that you, John, had said that you could go and hire some people from, I forgot where, that could help you disassemble, or whatever, get rid of stuff. MR. HERNANDEZ: I had another thing to say, if you don't mind. Before her father had died, he had his -- I don't know if she was a girlfriend or not or whatever, but she had a trailer there or whatever, but she is the reason why a lot of that stuff got there, you know what I mean? So we're just, you know, slowly but surely trying to -- you know, we're digging things up and, you know, trying to do what we can, do you know what I mean? CHAIRMAN KAUFMAN: Do you have an idea when you think it will be done? MR. HERNANDEZ: Well, the dumpster is going to be picked up this morning, and I had it to where they're going to drop one off as they pick it up. Hopefully it works out that way. The last time it didn't. So I'm going to say in three months hopefully I could probably get it to where you guys -- VICE CHAIR FUENTES: We can't do three months. MR. HERNANDEZ: Yeah, I understand. The only reason -- VICE CHAIR FUENTES: In Golden Gate -- in Golden Gate City, there's -- right off of 951, there's a gas station as you're going past Golden Gate Boulevard. MR. HERNANDEZ: Okay. VICE CHAIR FUENTES: Boulevard? Golden Gate Parkway, sorry. MR. HERNANDEZ: Parkway. VICE CHAIR FUENTES: You have an Ace Hardware store in that little plaza. The corner right there, there's a bunch of guys, just illegal guys who are just looking to do any type of work. And I'm just being very honest. Usually when I've had things I've had to do, I pick them up, I pay them about 50 bucks for the day, and they're the most happiest people, and they do what they've got to do. We've got to get it done. You know, we've given the extensions, and it's kind of like -- I've tried. MR. HERNANDEZ: Well, see, we just -- you know, we just recently -- like he said, we just got the property in our name or whatever, but we just found out -- we just had to pay, like, a $1,000 electric bill, and then now we're on a generator because they've got to do an inspection on the house or something, you know what I mean? So I just ain't got the money, man, you know what I mean? If I did, of course I would do something like that, you know? But I'm the only one working in the house. You know, the people in the front house -- it's zoned guesthouse. You know, we can't really charge them rent, so... VICE CHAIR FUENTES: It's up to you guys. I'm not ruling on this one. BOARD MEMBER AYASUN: That was good advice, actually. MR. HERNANDEZ: I mean, from the time that we started cleaning it up, we removed a lot of -- like, the sheds and stuff, whatever. We had the guy in the front stop his little business, or whatever, going on. You know, I just -- you know, we've been doing the best we can, really. CHAIRMAN KAUFMAN: Chuck, do you think it would be helpful to go out and do another point and pick? MR. MARINOS: It couldn't hurt. CHAIRMAN KAUFMAN: Okay. VICE CHAIR FUENTES: How close are we? MR. MARINOS: We still have a pretty significant amount of stuff to remove. VICE CHAIR FUENTES: Would you say -- from the moment we had the hearing till today, has there been vast change, or are we looking at a minimal change? MR. MARINOS: Since the lasting hearing, the last continuance till today, there's been a pretty significant change. The amount of things has probably -- overall, since the start, I'd say volume-wise we're probably down 50 percent. Since the last hearing, that would be the majority of that stuff since the last hearing. CHAIRMAN KAUFMAN: Most of the stuff that's there, will it fit in a dumpster? MR. MARINOS: A few dumpsters. CHAIRMAN KAUFMAN: Oh, there's that much stuff there? MR. MARINOS: We're probably talking another five-plus. VICE CHAIR FUENTES: It's going to be a continuance. It's going to be a continuance, correct, Kevin? CHAIRMAN KAUFMAN: Yeah. VICE CHAIR FUENTES: A continuance. MR. NOELL: Correct. BOARD MEMBER CURLEY: Excuse me. Go ahead. VICE CHAIR FUENTES: No. Ladies first. BOARD MEMBER CURLEY: So he had mentioned that -- or you had mentioned that some of the stuff that was out front now is from the interior. So I just want to -- I know it's a big project, and you can kind of get a little distracted, but don't make it worse. Once you clear this up, then get a dumpster and do what you have to do with everything else. But this is like being on probation. You've got to get off of here. You've got to get out of here. We do not want to see you again, and you have to clean that yard up for the sake of the neighbors, and then you can deal with all of your other -- I'm so sorry for your loss and the hardship and the probate. It's terrible. You have a nice piece of property here, and we don't want to see you anymore. MR. HERNANDEZ: The reason why we were trying to clean up the house inside is we picked up one mattress, about 30 rats came out of it. So -- you know what I mean? It's like -- VICE CHAIR FUENTES: So -- BOARD MEMBER CURLEY: All right. VICE CHAIR FUENTES: So this would be, I guess, my final olive branch. After this, we have to -- we've got to impose these things, okay? This is the last one. I can't do three months. I don't think anybody here would agree to three months, but perhaps we can all agree to maybe 45 days, last final attempt. My recommendation is that you take my advice, take a drive down to 951 on Golden Gate Parkway, see if you can get some of these guys to just come over to the property, assist you with removing some of this debris, but because of the investigator's input -- I take that pretty heavy. I think that if he's saying that it's been a significant difference, I want to -- I like the fact that you're trying to comply, so maybe one more time we go ahead and extend our -- BOARD MEMBER BHATLA: Sixty days is okay. MS. THOMAS: Thank you. BOARD MEMBER CURLEY: Sixty. VICE CHAIR FUENTES: Sixty? Okay. I make a motion to grant a continuance for 60 additional days. MR. HERNANDEZ: Thank you. MR. NOELL: And does that include operational costs within 30 days? VICE CHAIR FUENTES: Yeah, I'm not done yet -- as well as the operational costs for today being paid within 30 days of $59.84. MS. THOMAS: Yes, sir. Thank you. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. VICE CHAIR FUENTES: Mrs. Thomas, we're trying to help you here. So the next time you come, if it's not rectified by then, the fines will be imposed. And I don't want you to look at us in a way where we're, you know, the bad guys. We are trying to work with you here, but we are also limited by, you know, some other factors as well. MS. THOMAS: I do understand. You have to do your job, too. CHAIRMAN KAUFMAN: Okay. And, Chuck, it would be helpful if you could make arrangements with the respondents to give them some direction on "this needs to go and that needs to go," et cetera. MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIR FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER CURLEY: Good luck. MS. THOMAS: Thank you, guys. MR. HERNANDEZ: Thank you. CHAIRMAN KAUFMAN: Is that the last case? MS. BUCHILLON: For imposition, yes. We have one more case under hearings. Yeah, you can leave. BOARD MEMBER AYASUN: May I make a suggestion, please? Strike the word "illegals" out of the words, because he may get in trouble for that. I'm dead serious about that. CHAIRMAN KAUFMAN: Okay. You're not allowed to use the "I" word. Okay. What's left? MS. BUCHILLON: ***What's left? Under public hearings, D, hearings, No. 9, CEV20230003421, Richard Lash and Shirley Watson. And for the record, respondents were notified regular and certified mail on September 7th, 2023, and it was also posted at the property and courthouse September 8th, 2023. CHAIRMAN KAUFMAN: And for the record, respondents are 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: Okay. Chuck, your case. MR. MARINOS: Yes, give me a moment here. BOARD MEMBER CURLEY: What number, Helen? I'm sorry. CHAIRMAN KAUFMAN: It's No. 9 under the hearings. And I know after we're done, we have a two-minute request from Jeff. BOARD MEMBER CURLEY: No. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: All right. For the record, Investigator Chuck Marinos, Collier County Code Enforcement. This is in reference to Case No. CEV20230003421 dealing with violation of Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95, for an unlicensed inoperable vehicle parked on-site located at 3455 17th Avenue Southwest; Folio No. 3794440005. Service was given on June 26th, 2023. This case originated as a complaint. On April 19th, 2023, I approached the property for a related complaint and, from legal vantage, noticed an inoperable vehicle on blocks. I attempted to contact the property owner at the primary house as well as the guesthouse. No contact was made, and I have been unable to establish contact with the owner or a steady resident since that time. According to the single resident contact that has been made, one of the owners is currently in jail, and the other one in the hospital for an extended stay. I asked the resident to relay a message and contact request to the owner and acquired a contact number at that time as well. No calls have been returned. The vehicle in question has not been removed or repaired. Violation remains. I would now like to present case evidence in the following exhibits: One picture taken by myself on the 19th of 2023 showing initial conditions; two pictures taken by myself on 14th of June 2023 showing reinspection conditions; and one more picture taken by myself on the 27th of September 2023 showing current conditions. All pictures are stored on a share drive to which I have access. CHAIRMAN KAUFMAN: Make a motion from the Board to accept the pictures. VICE CHAIR FUENTES: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) VICE CHAIR FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. MARINOS: All right. Sorry about the Windows thing there. There you go. So this is the vehicle in question. It's stored in front of the guesthouse. According to the resident that I was able to contact, it is owned by the property owner, one of them; I'm not sure which one. No plate and on blocks. CHAIRMAN KAUFMAN: Is that an electric vehicle that's plugged in? VICE CHAIR FUENTES: No. MR. MARINOS: It is not. It is a gas vehicle with tires off and open hood up on blocks. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: This was a reinspection on-site. Another angle so you can see tires off up on blocks here. VICE CHAIR FUENTES: He has roof damage. MR. MARINOS: It a lot of damage. It's probably scrap. And this is the picture taken yesterday. The vehicle here belongs to the resident that I was able to contact. VICE CHAIR FUENTES: I thought that was the county's truck that they gave you. MR. MARINOS: That was good. BOARD MEMBER CURLEY: So when somebody's in jail, do you send it to the jail, too, or how are they getting -- VICE CHAIR FUENTES: We make his life harder by imposing fines. MR. MARINOS: It is mailed to registered -- to a registered address as well as multiple contact, obviously, has been tried to be made. The residents on-site appear to be coming and going. There's been one somewhat steady resident I've been able to contact now a grand total of twice. They have, according to them, verbally said they have passed my number along to them as well as given me the contact number for the owner that's in the hospital, supposedly. Apparently, the owner does not reside there anymore. I'm not sure of the situation. There's something a little strange going on. BOARD MEMBER CURLEY: So have you ever heard from them? MR. MARINOS: Not once have I been able to make contact with them. BOARD MEMBER CURLEY: So it sounds to me like they don't really know -- CHAIRMAN KAUFMAN: Could we get a motion from the Board if a violation exists? BOARD MEMBER AYASUN: So moved. CHAIRMAN KAUFMAN: Okay. We have a motion that a violation exists. Seconded? BOARD MEMBER BHATLA: Second it. CHAIRMAN KAUFMAN: Seconded. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER CURLEY: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? VICE CHAIR FUENTES: Aye. CHAIRMAN KAUFMAN: Okay. So do you have a suggestion for us? MR. MARINOS: I certainly do. BOARD MEMBER CURLEY: It sounds like squatters. VICE CHAIR FUENTES: That's what it is, squatters. MR. MARINOS: Recommendation: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: One, repairing and affixing a current valid license plate to each vehicle in violation or store these vehicles in a completely enclosed structure or remove these vehicles to an area intended for such use within 30 days of this hearing, or a fine of $50 a day will be imposed for each day the violation continues; Two, the respondent must notify the code enforcement investigators when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement recall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. How many days did you give them? MR. MARINOS: Thirty, and $50 fine a day. I realize that should have been a blank for you guys. I apologize about that. BOARD MEMBER CURLEY: I just have a question about what you originally said when you first started speaking. MR. MARINOS: Yes, ma'am. BOARD MEMBER CURLEY: You said the complaint came in from who? MR. MARINOS: The complaint was from a neighbor. BOARD MEMBER CURLEY: I thought you said it was a company. MR. MARINOS: No. It was a -- it was a -- there was multiple complaints about the same property. This was one of them. So as I approached for all of the complaints, this was noticed as a violation. BOARD MEMBER CURLEY: Okay. CHAIRMAN KAUFMAN: I'd like to make the motion. 59.28 to be paid within 30 days. They have 60 days to come into compliance or $50-a-day fine. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We've got a second. All those in favor? Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: That's three. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Four. BOARD MEMBER CURLEY: No for me. CHAIRMAN KAUFMAN: Okay. One no. John? VICE CHAIR FUENTES: Does it matter? He ain't going to pay. Aye. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I feel like we need to let him know, and that's why I had asked the question to our -- CHAIRMAN KAUFMAN: We're not here to police it. We are here -- BOARD MEMBER CURLEY: Listen, I asked our attorney a question, and I just want to know. MR. NOELL: I'd be happy to weigh in on that. Under our ordinance, it spells out -- I should say under the Collier County ordinance, it spells out what notice is required to be given to a respondent who's in violation. As long as the county meets that, certified mail and the other things that are set forth in the ordinance, then notice is proper, and so that's what's required. I understand the testimony the Board heard regarding possibly someone being incarcerated, possibly someone being in the hospital. The onus isn't on the county to track down all of those kinds of information to find out whether that's correct or accurate information. They're just required to comply with the ordinance regarding the notice of the violation and the date of the hearing. BOARD MEMBER CURLEY: Right. Well, the violation seems to be -- other than that, it seems to be people coming and going that don't live there, leaving cars, and it could be creating this problem for person that doesn't know it. So, like, has Sheriff's Department been brought in on that? I mean, there's just more other ways than putting a stipulation up that we know is going to do -- have no action on it. CHAIRMAN KAUFMAN: The motion passes. The case is closed, okay? Any other cases, Helen? MS. BUCHILLON: No, sir. CHAIRMAN KAUFMAN: Okay. Jeff, you said you have something for us? MR. LETOURNEAU: I do. For the record, Jeff Letourneau, Collier County Code Enforcement. We're just asking for the Board's approval to make a slight change to our agenda template, and I'll just say, it's the two motions. We'd like to change the verbiage on the motion for continuance to a motion for continuance of imposition of fines hearing. And we're trying to clarify exactly, you know, the difference between continuance and extension. And on a motion of extension, we would like to change it to motion for extension of compliance deadline. So we'd like you to vote on that, and then we would do so. CHAIRMAN KAUFMAN: I think that was an argument I had with our previous attorney that we wanted to do it this way. MR. LETOURNEAU: It is, and we've changed this after having discussions with your current attorney also, so... CHAIRMAN KAUFMAN: Okay. We have a reasonable attorney. MR. LETOURNEAU: Well, I wouldn't go that far, but -- yeah. Maybe more reasonable, yeah. CHAIRMAN KAUFMAN: Okay. Can we get a motion from the Board to approve that? BOARD MEMBER AYASUN: So moved. CHAIRMAN KAUFMAN: Okay. And seconded? BOARD MEMBER BHATLA: I second. CHAIRMAN KAUFMAN: And seconded. All those in favor? BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. VICE CHAIR FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Thank you. That's it. CHAIRMAN KAUFMAN: Okay. We are adjourned. ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :45 a.m. CODE ENFORCEMENT BOARD BE UFMAN, CHAIRMAN ATTEST CRYSTAL K, IINZEL, CLERK These minutes approved by the Board on ( , f 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.