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CEB Minutes 05/23/2024May 23,2024 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, May 23, 2024 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 Sue Curley Kathleen Elrod Lee Rubenstein Tarik N. Ayasun Manmohan "Bart" N. Bhatla Kevin Johnson John Fuentes (Absent) James York, (Absent) ALSO PRESENT: Tom Iandimarino, Code Enforcement Director Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Kevin Noell, Attorney to the Board May 23,2024 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. Good time to silence your cell phones, if you have one, and everybody does. 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 a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. Okay. I'd like everybody to stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Thank you. Helen, do you want to start out with the roll call? MS. BUCHILLON: Yes, sir. Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Ms. Kathleen Elrod? BOARD MEMBER ELROD: Here. MS. BUCHILLON: Ms. Sue Curley? BOARD MEMBER CURLEY: Here. MS. BUCHILLON: Mr. Lee Rubenstein? BOARD MEMBER RUBENSTEIN: Here. May 23,2024 Page 3 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: Mr. James York is not excused, and Mr. Fuentes might be running a little late. CHAIRMAN KAUFMAN: Okay. Can we get a motion to approve the minutes of the last meeting? BOARD MEMBER RUBENSTEIN: Motion. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) 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, sir. We have some stipulations. Under public hearings, first stipulation, No. 4, CESD20230006053, PLN Properties, LLC. Number 6, CESD20230009809, Dina Maribel Vasquez Guillen. Number 8, CESD20200002602, Antonio Rao. Those are all the stipulations. May 23,2024 Page 4 Now we have some withdrawns. Under public hearings, D, hearings, No. 1, CEAU20220004105, Timothy L. Richardson and Tracey L. Richardson, has been withdrawn. Number 2, CELU20220004113, Timothy L. Richardson and Tracey M. Richardson, has been withdrawn. Number 3, CEVR20220004114, Timothy L. Richardson and Tracey M. Richardson, has been withdrawn. Under old business, motion for imposition of fines and liens, No. 1, CESD20210011051, Polly Ave, LLC, has been withdrawn. And those are all the changes for now. CHAIRMAN KAUFMAN: Okay. Can I get a motion from the Board to accept the agenda as modified? BOARD MEMBER ELROD: Motion to accept. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Which brings us to the beginning. Do you want to hear the stips first, Helen? MS. BUCHILLON: Actually, we have some attorneys here, one for the continuance that we have first. CHAIRMAN KAUFMAN: On case ending in 457? May 23,2024 Page 5 MS. BUCHILLON: Yeah. CHAIRMAN KAUFMAN: We should make them wait till the end. No. MS. BUCHILLON: Okay. Under public hearings, motions, motion for continuance of imposition of fines hearing, No. 1, CELU20220004457, Lowe's Home Centers, Inc. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MUCHA: I do. MS. THIBAUT: I do. CHAIRMAN KAUFMAN: Okay. Good morning, Joe. MR. MUCHA: Good morning. CHAIRMAN KAUFMAN: Good morning, young lady. Place your name on the microphone for us. MS. THIBAUT: Good morning. For the record, Amy Sarazan Thibaut with Pavese Law Firm. I represent the respondent. CHAIRMAN KAUFMAN: Okay. And you are requesting? MS. THIBAUT: We are requesting a further continuance before fines are imposed. The last time I was in here, it was six months ago, and we were submitting for a minor amendment to their site plan. CHAIRMAN KAUFMAN: Let me stop you one second. You were here -- not six months ago. MS. THIBAUT: I was here last month for a different Lowe's store. CHAIRMAN KAUFMAN: Okay. MS. THIBAUT: I know. It gets a little confusing. CHAIRMAN KAUFMAN: Okay. MS. THIBAUT: So this is our South Naples store, and six months ago we came in here, and you granted a six-month May 23,2024 Page 6 continuance from the imposition of fines to allow us time to get the minor amendment to the site plan. We are still working on that, but we are getting very close. From there, we would need to get a permit to put some fencing around the storage area behind the building that we're trying to keep, and that work should be done. So I don't think it will be fully complete in three months, but I was hoping we could get an extension for three months or -- excuse me, a continuance for three months so that way we can come back and give another status update. We should be very, very close at that point. CHAIRMAN KAUFMAN: Okay, Joe. MR. MUCHA: For the record, Joe Mucha, supervisor, Collier County Code Enforcement. Yeah, I have no issue with that. I was out there yesterday, and they've actually made some good progress with cleanup. I have photographs if you guys would like to see. I know Lee's a big fan of photos. CHAIRMAN KAUFMAN: Let me go to Lee, then. Lee, do you want to see the pictures? BOARD MEMBER RUBENSTEIN: Sure, absolutely. MR. MUCHA: Okay. And I showed Ms. Amy already. CHAIRMAN KAUFMAN: I didn't think he'd disappoint you. So let me get a motion to accept the photos. BOARD MEMBER ELROD: Motion to accept. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: Okay. And second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. May 23,2024 Page 7 BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUCHA: So this was on the side of the store that they had a bunch of concrete block that was stacked up. That's been removed. Again, this is a far-out shot showing that whole area. All those parking spots were covered with stuff in the past. This is the back side area that used to be really just filled up with all kinds of pallets and everything, and you can see they've really tidied it up really nice. I mean, there's still stuff back there, but it's very tidy. And this is the front side of the store that they had a bunch of pallets and mulch and things in parking spots. That's all been removed. So there's nothing in any parking spots right now. It's just behind the store. And as she alluded to, they're going to get the fence permit once the amendment's approved and fence that area off and screen it, so it will be legal at that point. CHAIRMAN KAUFMAN: I have a question. If the reason for the problem was not sufficient parking spots as compared to the square footage of the building and now that's been cleared up, is there still a violation? MR. MUCHA: Yes, sir, because with the outside storage, it has to be screened from the neighboring properties, and right now it's not screened. And there's, like, an access road that runs behind Lowe's, and that's why we've been getting complaints for many years, because the people that go down that back road see all the stuff out there, and they've made complaints. And we had to vet it through Zoning that, May 23,2024 Page 8 yes, they need to fence that area off and screen it. CHAIRMAN KAUFMAN: Would you need to change the PUD if they had just put a fence around it? MR. MUCHA: Probably still, I would think so. MS. THIBAUT: This is actually a conventionally zoned property, so the outdoor storage ancillary to the principal retail use is permitted by right, but the issue that we're having is that their site plan does not contemplate outdoor storage. So we don't actually have to take any zoning action. We're just trying to amend the site plan with that insignificant change to allow for the screening behind the store and that outdoor storage use. CHAIRMAN KAUFMAN: And you've applied for that? MS. THIBAUT: Yes. And we're resubmitting an amended site plan after I leave here. They got it to me this week. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Joe, I have a question. MR. MUCHA: Yes, sir. BOARD MEMBER RUBENSTEIN: Rear of the property, the landscape barrier along the back perimeter, is that owned by Lowe's, or is that owned by the condominium? MR. MUCHA: That I'm not sure of, Lee. I apologize. I don't know. CHAIRMAN KAUFMAN: It depends what's on the site plan, obviously. MS. THIBAUT: Yes, and I don't believe that vegetation is owned by Lowe's. If it was, I think we could have argued that that was sufficient buffering, or we could have gone in for a variance or something to allow that. But in this instance, I believe that vegetated area's separately owned. CHAIRMAN KAUFMAN: Okay. So you're looking for a three-month continuance? May 23,2024 Page 9 MS. THIBAUT: Uh-huh. CHAIRMAN KAUFMAN: Anybody want to make a motion from the Board? BOARD MEMBER ELROD: I'll make a motion to grant the three months. BOARD MEMBER AYASUN: Second. BOARD MEMBER RUBENSTEIN: I'll 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 -- Jeff, you want to say something? MR. LETOURNEAU: Ops cost for today? CHAIRMAN KAUFMAN: Yes. The ops costs will be part of your motion; is that correct? BOARD MEMBER ELROD: Yes, sir. CHAIRMAN KAUFMAN: Okay. Sue, you have something? BOARD MEMBER CURLEY: Just a comment, that I don't think -- I looked on the sheet, but I don't think this is the first case that we've had on this south Lowe's. MR. MUCHA: Correct, it's not. BOARD MEMBER CURLEY: I remember it was, like, too many hoses. You had a container and whatever. So there's a little back history to this. But -- so in August it will be two years from this violation. So that's a long time for those people to have to be -- you know, if I logged a complaint, I would hope that within two years something would have been done as simple as screening. CHAIRMAN KAUFMAN: Okay. MS. THIBAUT: As I mentioned in the hearing six months ago, they were working with a different team prior to now, so we're -- the team that we have now is really working to get this moving forward. May 23,2024 Page 10 CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Sounds good. CHAIRMAN KAUFMAN: Well, we have a motion and a second. Kevin? Nothing? (No response.) CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. See you in three months, or sooner. MS. THIBAUT: Thank you very much. See you soon. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Jeff wanted to know what the ops costs was. How's my hearing? BOARD MEMBER CURLEY: 59.84. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: No. For the continuance, it's for 59.91. CHAIRMAN KAUFMAN: Okay. Which brings us to? MS. BUCHILLON: Brings us to the next case, under public hearings, D, hearings, No. 4, CESD20230006053, PLN Properties, LLC. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? May 23,2024 Page 11 MR. HOLMES: I do. MR. CONA: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. CONA: Good morning. Chris Cona for the owner/respondent, PLN Properties. CHAIRMAN KAUFMAN: Okay. And you have signed a stipulation? MR. CONA: Yes, sir. CHAIRMAN KAUFMAN: Okay. Do you want to read the stipulation into the record for us? MR. HOLMES: Yes, sir. For the record, Bradley Holmes, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits and/or demolition permit, inspections, and certificates of completion/occupancy for the renovation/alterations made to Unit 6 within 180 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. May 23,2024 Page 12 CHAIRMAN KAUFMAN: Okay. And, sir, you have agreed to this six months and the fines that were specified? MR. CONA: Yes, we're in agreement. CHAIRMAN KAUFMAN: Okay. Could we get a motion from the Board? BOARD MEMBER ELROD: I'd like to make a motion that we accept the stipulation as written. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Bradley. Thank you, sir. MR. CONA: Thank you. CHAIRMAN KAUFMAN: Which brings us to... MS. BUCHILLON: Okay. We're done with the attorneys. Would you like to start with the extension of time or the stipulations? CHAIRMAN KAUFMAN: Your choice. MS. BUCHILLON: We'll do the extension of times. Under public hearings, motion for extension of compliance deadline, No. 2, CESD20230007234, Livia Liste. CHAIRMAN KAUFMAN: Good morning. May 23,2024 Page 13 MS. LISTE: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MS. LISTE: Livia Liste. CHAIRMAN KAUFMAN: Okay. Everybody been sworn? The invisible man has not been sworn yet. Okay, Bradley, no problem. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MS. LISTE: I do. CHAIRMAN KAUFMAN: Okay. You're here. Could we get a quickie summary on the past to know what we're extending? MR. HOLMES: Yeah. So originally this case was heard in January of this year, and their compliance date would have been May 24th. So they're coming in ahead to ask for additional time based on where they're at in the project. So they have a permit currently in the system. It was applied for on the 23rd of January 2024. It's under review right now. So they're just -- they've been working through their corrections to get it issued. CHAIRMAN KAUFMAN: Okay. So you're requesting an extension of the compliance deadline. And how much of an extension do you think you need to come into -- MS. LISTE: Six months. BOARD MEMBER CURLEY: Six more. CHAIRMAN KAUFMAN: What's -- what's been the holdup? MS. LISTE: Yeah. The permit's not ready yet, and I need more time. CHAIRMAN KAUFMAN: I didn't understand. May 23,2024 Page 14 BOARD MEMBER AYASUN: The permit is not ready. CHAIRMAN KAUFMAN: The permit's not ready. You applied January 23rd. MS. LISTE: It's not ready. CHAIRMAN KAUFMAN: There's something wrong with the permit, or there was something wrong with the permit? BOARD MEMBER CURLEY: Why don't we -- CHAIRMAN KAUFMAN: Bradley, do you know any information on this? MR. HOLMES: Yeah. So I have a February corrections letter produced in February of this year stating the following: They had a correction required by the Health Department for septic system issues. There was a residential review stating, "Information on construction documents needs to be sufficient to clarify the indication or the location, nature, extent of the work proposed." So it seems like there was insufficient plans submitted, so they had to make corrections there. As well, it looks like some stormwater plans were required for them to produce. So I mean, they're fairly big items. CHAIRMAN KAUFMAN: The septic system alone is a big item. MR. HOLMES: Yeah. So -- CHAIRMAN KAUFMAN: Does that septic system need to be replaced? Expanded? MR. HOLMES: It looks more like a clarification as to the existing septic system size to ensure that it's sufficient based on what they're adding to the home. This is an addition to the rear of the home and a clarification if the garage turned into Bedroom 3 was permitted so -- as it was now added into the addition. So it's just size requirements, making sure it's going to be up to the challenge. CHAIRMAN KAUFMAN: Okay. Is anybody occupying this May 23,2024 Page 15 space? MR. HOLMES: Not that I know of, no. CHAIRMAN KAUFMAN: Is anybody occupying this space? MR. RODRIGUEZ: Sorry, Your Honor. I'm here as a translator for her. 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. RODRIGUEZ: Yes, I do. THE COURT REPORTER: Please state your name. MR. RODRIGUEZ: Randy Rodriguez. Yes. What was the question, sir? CHAIRMAN KAUFMAN: Is anybody residing in the expanded property? THE INTERPRETER: Not at this moment. CHAIRMAN KAUFMAN: And you're requesting an additional six months? MS. LISTE: (Nods head.) CHAIRMAN KAUFMAN: Okay. Anybody from the Board want to make a comment? A motion? Sue? BOARD MEMBER CURLEY: Well, I have a question. Is that enough time? MR. HOLMES: I would think it's sufficient if they -- you know, they advised they had constructed everything to code. So they would know better than I would. Given that their permit's under review now, I'm guessing that they've worked through everything that they needed to, and they should get it issued here in the next, I don't know, maybe 30 to 45 days, and then it's -- there's not really too much extra work to be done. Everything's pretty much done -- BOARD MEMBER CURLEY: Okay. May 23,2024 Page 16 MR. HOLMES: -- aside from corrective action if there's something not meeting code, so... BOARD MEMBER CURLEY: Thank you. MR. HOLMES: Yeah. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? BOARD MEMBER RUBENSTEIN: I have a question. When did this case open? CHAIRMAN KAUFMAN: January, I think. Is that correct, Bradley? MR. HOLMES: The case was opened in August of 2023. CHAIRMAN KAUFMAN: Oh, it was opened in August. MR. HOLMES: Notice was given in August, and then our first hearing was in January. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: Yeah. BOARD MEMBER CURLEY: I'll make a motion to extend this for six months. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? BOARD MEMBER CURLEY: Just to include that the operational costs for today's hearing of 59.42 shall be paid. CHAIRMAN KAUFMAN: Excellent. Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. May 23,2024 Page 17 CHAIRMAN KAUFMAN: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. If you come to the point where six months from now it's not done and you need to do something, I suggest that you come back before the Board. Okay? Thank you. MS. LISTE: Thank you. CHAIRMAN KAUFMAN: Thank you, Bradley. MR. HOLMES: Thank you. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: Next -- we're still under motion for extension of compliance deadline. Number 3, CELU20240000034, Mauricio Martinez. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth. MS. PEREZ: I do. MR. MARTINEZ: I do. MR. PEREZ: I do. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, both of you? MR. PEREZ: Yes, sir. Good morning. My name is Alejandro. MR. MARTINEZ: Good morning. My name is Mauricio Martinez. THE COURT REPORTER: Your last name? MR. PEREZ: My last name is Perez. CHAIRMAN KAUFMAN: Okay. You have two of those, May 23,2024 Page 18 right? Okay. MS. PEREZ: Good morning. For the record, Cristina Perez -- CHAIRMAN KAUFMAN: Cristine. MS. PEREZ: -- Code Enforcement. CHAIRMAN KAUFMAN: Okay. I remember you being here recently. Was it last month or the month before? MR. PEREZ: Yes, sir. It was last month. CHAIRMAN KAUFMAN: Okay. And according to what I'm reading, it says there's a food trailer park on the unimproved property. This was a big trailer, as I recall. Did you want to explain to us why you need an extension of time to move the trailer? MR. PEREZ: Yes. So since the last time we spoke with the Board, we had a meeting with the CRA, and we presented our project to them. We are in the agenda for next month to make some improvements in taking -- adding items that they would like to have in the plans. Also, in our last meeting, we didn't have the traffic impact study. We do have an engineering company that will take care of that, and we're working diligently to submit for the site development application. All I'm asking is to have a little more time for my client because this will create a cost for him to remove the trailer from there. It could cause damage to it. And it's not currently being used nor it will not be used at all, and it's just the situation that we're in right now. CHAIRMAN KAUFMAN: Okay. I understand. We have one speaker. Is it Andrea Hallman? MS. PEREZ: And I'd just like to clarify. CHAIRMAN KAUFMAN: Sure. MS. PEREZ: The meeting with the CRA was -- it was a meeting with the CRA program manager and myself. So he May 23,2024 Page 19 does -- he is on the agenda to meet with the CRA board at their public meeting that would be held on June 19. CHAIRMAN KAUFMAN: Okay. Helen, when is our next meeting, by the way? MS. BUCHILLON: June the 27th. CHAIRMAN KAUFMAN: Okay. So that's after the 19th. MS. BUCHILLON: 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. HALLMAN: Yes, I do. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us. MS. HALLMAN: My name is Andrea Hallman. I am chairman of the MSTU. CHAIRMAN KAUFMAN: Okay. You're the MSTU that governs that property? MS. HALLMAN: Right. MSTU, correct. Main Street -- we manage Main Street. I'm also on the CRA board. CHAIRMAN KAUFMAN: Okay. So you'll be seeing them soon? MS. HALLMAN: Soon, yes. CHAIRMAN KAUFMAN: Okay. Okay. MS. HALLMAN: So we want to let you know, as we did last month, we are still involved. We still need your support, and as well as Code Enforcement. We want to make sure that this is something that Immokalee -- we are trying to clean up Immokalee. We really need the support of the boards to do that, so... CHAIRMAN KAUFMAN: Well, as the Chairman of this board, I can tell you, you have our support, as we mentioned to you when you were here the last time. May 23,2024 Page 20 MS. HALLMAN: Yes, I know. CHAIRMAN KAUFMAN: Okay. So do you have any objection to granting the respondent additional time to meet with the CRA, etcetera? MS. HALLMAN: No. If -- they're meeting soon, so we can see what happens there. If it doesn't happen, then we'll be back. CHAIRMAN KAUFMAN: Okay. So as far as an extension of time, they're meeting on the 19th. Our meeting is on the 27th. So if we were to grant a one-month continuance -- MS. BUCHILLON: Just extend it till the next month. CHAIRMAN KAUFMAN: We can do that. I don't know if it's easier to just have the county pull this and then bring it back next month or not. MR. LETOURNEAU: I want to ask Cristina; do you think a month is even going to make a dent in this process at this point? MS. PEREZ: The only thing that the month will do is for staff to be able to bring you back -- bring the Board back feedback as far as what the CRA has -- you know, what their thoughts are on the project and if they have any objections to the container continuing to be there until they are able to complete the project. MR. LETOURNEAU: Yeah, because I saw that there has been some movement on the planning as far as your food truck park is going right now. But I just think a month seems -- I mean, if you're going to give them more time, I think a month is kind of minimal. CHAIRMAN KAUFMAN: Okay. MS. PEREZ: The month would only be to bring you back more feedback. For them to actually go through this process, Alejandro and I were talking anywhere from three to six months for them to be able to submit all their paperwork and then get the feedback from the county on that project. BOARD MEMBER CURLEY: I was thinking, like, Christmas. May 23,2024 Page 21 MS. HALLMAN: Could I? CHAIRMAN KAUFMAN: Yes. MS. HALLMAN: This project has been going for a while. There -- we -- if it needs to be removed, we'd like it removed as quickly as possible. So -- because it's been going on, and there was no -- they did not go through the process. So we want people to know -- in Immokalee to know that there is a process, and the sooner people get that idea and know that there's Code -- and it's going to start with people coming here and saying, "Hey, you don't want to go to Code. You want to be able to follow the rules to keep that -- to help us out in Immokalee." CHAIRMAN KAUFMAN: Do you think you might, after you have your CRA meeting, be in a position to say, "It looks like this is a go or a no go" after your meeting on the 19th? MS. HALLMAN: Yes. CHAIRMAN KAUFMAN: Okay. Then one month will give us certainly a better idea. Yes, sir. MR. PEREZ: We're not asking for a lot of time. We're working diligently on this. And if we can get one month -- if you think that's the minimum, that's okay, because within that month we will have a meeting with them, and then we will be able to revise this, and then at that point, we'll be able to get a letter from the CRA, because the items that they want, such as making sure that we're not providing space for homeless -- there was another item about species -- certain species that they want to include in the landscaping and certain architecture features that they would like to add because they have a plan for Main Street. All those things, we need to meet with them so we can, you know, take it serious -- CHAIRMAN KAUFMAN: Iron those out on the 19th, right? MR. PEREZ: Exactly. So once we have that information, then May 23,2024 Page 22 on the next meeting, you can assess if we can have more time based on that information that we don't have right now. CHAIRMAN KAUFMAN: Exactly. Does that meet your -- Jeff? MR. LETOURNEAU: Yeah. She made it perfectly clear. The county would rather have you guys vote on the extension rather than withdrawing it, because I believe if we withdraw it at this time, the fines will start running. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion from the Board? MR. IANDIMARINO: Mr. Chairman, if I may, please. Tom Iandimarino, director of Code Enforcement. If the CRA is supportive of this happening, that still does not give them authorization to have it. They still have to go through the entire planning and zoning process through the county, and I want the respondent to be aware that even if they're supportive of it, you still have to have that trailer off the property until you get your proper permitting to be on there. CHAIRMAN KAUFMAN: I think -- I think what the Board is hearing, at least I'm hearing, that once we know what the CRA is saying, that would help us determine how much time, if any, we would give them until they have to remove the trailer. I understand that there is more to do on this than just get an okay from the CRA. MR. IANDIMARINO: Mr. Letourneau, sir? MR. LETOURNEAU: Yeah. And I would think that if the CRA tells us that their deal has fallen through or their support has fallen through at the end of this month, then the county would like to either impose or have the fines start running at that point. CHAIRMAN KAUFMAN: Yeah, I agree 100 percent, so -- which brings us back to, does someone want to make a motion? BOARD MEMBER BHATLA: I have -- May 23,2024 Page 23 CHAIRMAN KAUFMAN: Okay. BOARD MEMBER BHATLA: I want some clarification. I was under the impression that last hearing, last month, it was agreed that we remove the trailer. Is that the -- is this the same case? CHAIRMAN KAUFMAN: Yes, it is. BOARD MEMBER BHATLA: So why are we going back? I thought it was agreed that the trailer would be removed. CHAIRMAN KAUFMAN: The respondent has come before us to request an extension of what we discussed the last time, and they are coming back saying that they're having a meeting with the CRA. The CRA may say no, in which case that trailer has to be removed, and at our next meeting, we'll determine how long they have to move it out. If the CRA said we're going to grant something and they can give us some direction, we can act at that time. MR. LETOURNEAU: Just to clarify, the CRA -- they're working with them as far as that trailer. As Tom stated, though, there's two ways to abate this violation at this time. It's either move the trailer or get the permission from Growth Management to have that trailer there through whatever Site Development Plans and permitting. So what you're doing right now is just extending a month before the fines kick in. CHAIRMAN KAUFMAN: Correct. MR. LETOURNEAU: And then you can reevaluate it next hearing. CHAIRMAN KAUFMAN: Okay. That's correct. BOARD MEMBER CURLEY: Well, I make a stab at it. I mean, I appreciated the letter that they sent. I think it was thorough, and it explained everything really well. So I'll make an extension to next month's meeting, Helen? MS. BUCHILLON: June 27th. May 23,2024 Page 24 BOARD MEMBER CURLEY: June 27th. CHAIRMAN KAUFMAN: And the ops cost? BOARD MEMBER CURLEY: And the operation costs for today will be paid. I don't have that in front of me. CHAIRMAN KAUFMAN: Do you have the ops number? MS. BUCHILLON: 59.35. BOARD MEMBER CURLEY: 59.35. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER ELROD: Question. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER ELROD: Make it for the 28th, because if it's the 27th, then the fines start that day. BOARD MEMBER CURLEY: Oh, yes, ma'am. CHAIRMAN KAUFMAN: Okay. June 28th. BOARD MEMBER CURLEY: Extension of time to June 28th so they can come to the meeting -- BOARD MEMBER ELROD: On the 27th. BOARD MEMBER CURLEY: -- and they won't have -- MS. BUCHILLON: The hearing is the 27th. BOARD MEMBER CURLEY: Yeah. So we don't want them to be here when it's expiring and fines start accruing already. So we want to give them -- CHAIRMAN KAUFMAN: One day. MS. BUCHILLON: Thirty-one days. Okay. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. May 23,2024 Page 25 BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. You've got your month. MR. PEREZ: Thank you. CHAIRMAN KAUFMAN: Dig in. MS. HALLMAN: Thank you. CHAIRMAN KAUFMAN: What are you serving? MR. PEREZ: Oh, tacos for everyone. CHAIRMAN KAUFMAN: You shouldn't say anything because it's a not in operation. I didn't want to catch you. MR. PEREZ: Not yet. Not yet. BOARD MEMBER CURLEY: I demand a field trip. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: Next case, under public hearings, D, hearings, No. 6, CESD20230009809, Dina Maribel Vasquez Guillen. CHAIRMAN KAUFMAN: This is a stip? 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. MUCHA: I do. CHAIRMAN KAUFMAN: Let the record reflect the respondent is not present. Okay, Joe. MR. MUCHA: For the record, Joe Mucha supervisor, Collier County Code Enforcement. I'm standing in for Investigator Johnson today. He executed May 23,2024 Page 26 this stipulation agreement on May 16th with Mrs. Vasquez. And they agreed: Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, to abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion and/or occupancy for the storage container addition 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 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. Do you have any other comments on this case? MR. MUCHA: I know a building permit has been applied for and rejected, and she's working on engineering plans. CHAIRMAN KAUFMAN: Okay. So she's got 90 days. MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? May 23,2024 Page 27 BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Joe. MR. MUCHA: Thank you. BOARD MEMBER RUBENSTEIN: Joe, is this trailer being occupied presently? MR. MUCHA: Yes, it is, sir. BOARD MEMBER RUBENSTEIN: So for another 90 days, they're going to be illegal? MR. MUCHA: Well, the trailer itself was permitted. This is a storage unit they've attached to the trailer. BOARD MEMBER AYASUN: So nobody's in the storage container. CHAIRMAN KAUFMAN: Yeah. Okay. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Thank you, Joe. Okay, Helen. MS. BUCHILLON: Last stipulation, No. 8, CESD20200002602, Antonio Rao. 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. May 23,2024 Page 28 CHAIRMAN KAUFMAN: Okay. Let the record reflect that the respondent is not present. Helen, we have -- I don't think we have to go through notification because we have a stipulation signed by the respondent. MS. BUCHILLON: Right. CHAIRMAN KAUFMAN: Okay. Do you want to read the stipulation into the record for us? MR. MARINOS: Yes, sir. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted structure within 90 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. What kind of structure is being erected? MR. MARINOS: A single-family residence. CHAIRMAN KAUFMAN: And they're going to get this done in 90 days? MR. MARINOS: Their final inspections are all done. They May 23,2024 Page 29 have a couple conditions to turn in, and they're very confident it will be done in 90 days. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So this has been being built since 2000? MR. MARINOS: 2020, yes, ma'am. BOARD MEMBER CURLEY: Oh, excuse me, 2020. BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. BOARD MEMBER CURLEY: Yeah, I'll second that. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. BUCHILLON: Next case, we are still under hearings, No. 5, CELU20240002042, Mendez Company, LLC. MS. MENDEZ: Good morning. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us? MS. MENDEZ: Yes, Leticia Mendez. CHAIRMAN KAUFMAN: Okay. And we're going to swear everybody in in a second. May 23,2024 Page 30 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. MENDEZ: I do. MS. COOPER: I do. CHAIRMAN KAUFMAN: Good morning. Latoya, you may want to bring your microphone down a little bit, or you could grow. It's your option. Okay. MS. COOPER: Good morning. For the record, Investigator Latoya Cooper, Collier County Code Enforcement. This is in reference to Case CELU20240002042 dealing with the violation of Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and (B), and Sections 2.03.03(D), for an unapproved food truck operating on the property without the required permits, located at 4017 23rd Ave Southwest, Naples, Florida 34116. Folio No. 3593060002. Service was given on March 11th, 2024, with the NOV posted at the property and courthouse. NOV was mailed regular and certified mail to the respondent. This case began as a complaint to Code Enforcement for an unapproved mobile food dispensary vehicle operating on the property. Prior to this complaint, Code Enforcement was in the process of sweeping the district for food trucks operating without required approvals and/or permits. On February 9th, 2024, I observed the mobile food dispensary vehicle operating on the property. A photo was taken. On March 8th, 2024, an initial inspection was completed, and a violation was found. A notice of violation was then posted and mailed. On March 12th, 2024, I met with the property owner, Leticia, and explained the violation. As well, I served the notice of violation May 23,2024 Page 31 to her and provided her with a copy on this same date. Multiple follow-up inspections and educational attempts were made, but the violation has continued to occur. Contact was made to the property owner, Leticia, and has been maintained throughout the course of the case. At the time of my prehearing inspections on May 22nd, the violation is abated. I would now -- I would now like to present the case with evidence of the following exhibits. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos and whatever evidence you have? MS. COOPER: Yes. CHAIRMAN KAUFMAN: Do you have any objection? MS. MENDEZ: Well, I just want to say I no have control over who's parking on my property because I don't live in Naples. I live in Lehigh. The building is closed. I know some people are parking in my property without my authorizations. That is hard. I call a lot of times to the police. I make the report, but nobody doing nothing. CHAIRMAN KAUFMAN: Okay. Let me -- we just want to know if you object to what she has. We'll talk -- MS. MENDEZ: No, no, it's fine. CHAIRMAN KAUFMAN: -- to you about that -- MS. MENDEZ: Yeah, it's okay. CHAIRMAN KAUFMAN: Okay. So no problem. Make [sic] a motion from the Board to accept the photos. BOARD MEMBER ELROD: I'll make a motion to accept the photos. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. May 23,2024 Page 32 BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Continue, Latoya. MS. COOPER: I have one photo taken by myself on February 9th, 2024. CHAIRMAN KAUFMAN: Who owns the property, Latoya? MS. MENDEZ: Me. CHAIRMAN KAUFMAN: Okay. MS. COOPER: I also have two photos taken by myself on March 24th, and I also have two photos taken by myself on May 19th, 2024. CHAIRMAN KAUFMAN: Okay. MS. COOPER: And I also have -- no, that's it. I'm sorry. All my photos. BOARD MEMBER CURLEY: So just from -- CHAIRMAN KAUFMAN: Wait a second. Now you can explain what -- you have property and somebody's parking on your property? MS. MENDEZ: Yes. CHAIRMAN KAUFMAN: That's what it is? MS. MENDEZ: Yes, correct. CHAIRMAN KAUFMAN: Okay. Anything else you want to say? You've called the police? MS. MENDEZ: Yes. May 23,2024 Page 33 CHAIRMAN KAUFMAN: And the police have said? MS. MENDEZ: The police explained me I have to go to put the trespassing order. I went to the police, at the Sheriff's Office, and the sergeant never is in the office. That is hard because I call, I send e-mail to him, but he don't respond. CHAIRMAN KAUFMAN: Okay. This is one of these cases where you happen to be the owner of the property and somebody is doing something -- MS. MENDEZ: Yes. CHAIRMAN KAUFMAN: -- on your property. MS. MENDEZ: Yes. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So I have a question for Latoya. So we see the phone number on there. I mean, do you speak to the trespassers? MS. COOPER: Yes. BOARD MEMBER CURLEY: Do they communicate with you at all? MS. COOPER: No. I just -- when they're operating and I happen to see it, I let them know that they're not supposed to be here. They pack up, and they leave. BOARD MEMBER AYASUN: And you have nothing to do with this food truck? MS. MENDEZ: (Shrugs shoulders.) CHAIRMAN KAUFMAN: Okay. MS. MENDEZ: And the other thing is, my property is the place where all the people in Naples try to find jobs. That's why a lot of food trucks go during the day to that place because it's the only place in Naples that people go to find jobs. CHAIRMAN KAUFMAN: Okay. MS. MENDEZ: Yeah, it's hard. May 23,2024 Page 34 BOARD MEMBER CURLEY: So it's a day labor place? MS. MENDEZ: Yes. BOARD MEMBER CURLEY: Okay. CHAIRMAN KAUFMAN: I have a question for our attorney. In a case like this where we're not getting any response from the Sheriff, do you have a suggestion for us or for the respondent? MR. NOELL: You know, I can't provide legal advice to the respondent, but obviously any signage as far as no trespassing, things like that, which I'm sure the Sheriff's Office probably advised her on, would be a step in the right direction. CHAIRMAN KAUFMAN: Okay. I used to manage, among other things in my life, an HOA where we would have people coming in and parking on our parking lot, and they didn't live there. So it was suggested that we do exactly what was said. So we put up a sign. And there are one or two companies that I'm aware of that are in Collier County that handle that. And you have to post, "If your vehicle is towed, this is where you go to pick it up." MS. MENDEZ: All that, the signs are there. CHAIRMAN KAUFMAN: So once you put the sign up, if somebody sees somebody park there, that towing company can be alerted, and they'll go and tow the vehicle. MS. MENDEZ: Okay. CHAIRMAN KAUFMAN: Okay. So that's the best advice I can give you. That's worked for us because after we towed one or two cars, surprise, nobody parked there anymore. Jeff? MR. LETOURNEAU: Here's my card. MS. MENDEZ: Thank you. MR. LETOURNEAU: Give me a call, and I'll try to help you with the Sheriff's Office, okay. MS. MENDEZ: I appreciate. Thank you. May 23,2024 Page 35 CHAIRMAN KAUFMAN: So, Sue. BOARD MEMBER CURLEY: Also, just as a -- to help us understand, do you have plans for that property? Because obviously it's -- MS. MENDEZ: Yes. BOARD MEMBER CURLEY: -- not occupied. MS. MENDEZ: Medical office. BOARD MEMBER CURLEY: Okay. MS. MENDEZ: I'm running two medical office. One in Lehigh Acres and one here in Naples, for more than 15 years. So we're trying to move the Naples office to that place, but I'm waiting for some permit from AHCA. CHAIRMAN KAUFMAN: So Jeff is going to see you after. Now, for the Board, I suggest that we give the respondent 60 days to resolve the situation. MR. LETOURNEAU: I believe the violation is abated at this point. We're just looking for a finding of fact, so -- CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: -- we can have a repeat case if it occurs again. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So then -- MR. HOLMES: If I may. CHAIRMAN KAUFMAN: Bradley. 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. For the record, Bradley Holmes, Collier County Code Enforcement. So I can appreciate and understand her situation given that this May 23,2024 Page 36 food truck operator pops in at their leisure. They try to circumvent hours of operation for us so that we don't see them. My most recent personal observation was Monday in the evening of -- I believe it was last week for a site inspection. I was sweeping through just to see what was happening. The county's requesting, essentially, that this property owner be a little bit more proactive, figure out a way to be on top of this food truck operator. Obviously, they're coming in in the evenings. We've provided, I think, adequate amount of time, or there's been time of notification that there's an issue happening here. I understand sometimes it's hard to get in touch with the Sheriff's Office, but there's other offices that she could go to and just work up the ranks to get in touch with someone or just stop out in the evening and say, "Hey, you know, you're here operating. You need to leave, or I'm going to be calling the Sheriff's Office. I'm going to do this repetitively," and that will send a good message. We would say as far as it goes for our request, that this be a pretty much immediate cease of operation. They shouldn't be -- I mean, we don't know what's going on with any wastewater that's coming out of the food truck. I mean, where are people using the restroom? Things like that. It becomes a health-and-safety kind of issue in our eyes. So 60 days would allow, I think, way too long of a period of time for the food truck to continue to operate or for her to have almost a hands-off approach. CHAIRMAN KAUFMAN: Well, they're in compliance now, so -- MS. MENDEZ: Yeah. CHAIRMAN KAUFMAN: -- what Jeff is saying is we should have this as a record. Should the violation repeat, there's a record of it. It could be a second occurrence, et cetera. Is that, Jeff, correct? MR. LETOURNEAU: I might have misspoken then, because I May 23,2024 Page 37 thought Latoya did say that the violation was abated. And are we just looking for finding of fact, or are we looking for a period of time? MR. HOLMES: I'm hesitant to call it abated because when we see it during normal operation hours for us, our business hours, they usually aren't set up. They're showing up later on to circumvent us, so -- and when I saw it, it was in the evening. It was closer to 7 p.m. So I would prefer to call it not abated, given that circumstance. MR. LETOURNEAU: Okay. We'll have to take a look at the recommendation. Just one more thing, though. Do you have employees working on the property? MS. MENDEZ: No. MR. LETOURNEAU: No, no employees. Okay. MS. MENDEZ: It's closed. That's the problem. I live in Lehigh. It's hard to drive because I'm -- I'm running the two medical clinics, and also I'm the nurse. We close at 7 p.m. in Lehigh. It's hard to drive at 7 p.m. with three little kids to Naples for see if somebody is in my property. Because I pay taxes, the police need to do something. MR. HOLMES: Do you have Internet access at that building? MS. MENDEZ: Access? MR. HOLMES: Do you have Internet -- functional Internet in that building? MS. MENDEZ: No. MR. HOLMES: You could put that in place -- MS. MENDEZ: Not yet. MR. HOLMES: -- and then install cameras. MS. MENDEZ: I cannot put Internet yet. MR. HOLMES: Yeah. MS. MENDEZ: Yes. May 23,2024 Page 38 MR. HOLMES: You could -- (Simultaneous crosstalk.) MS. MENDEZ: I try, but I cannot put yet. MR. HOLMES: -- putting up cameras. Yep. MS. MENDEZ: Yes. You know what? I'm sorry. I call the police also because the people drink in the hallway. People -- in the wall. People has crashed my walls. I don't want people in my property. You don't want nobody in your property; I don't want nobody in my property, okay. I'm sorry. I'm trying to do everything is my -- is in my hands, but I cannot do nothing else. MR. LETOURNEAU: Well, I think -- so at this point, I believe that signage, and then you call me, and I'll get you hooked up with the deputy of that area, okay? MS. MENDEZ: Okay, okay. MR. LETOURNEAU: Okay. BOARD MEMBER CURLEY: And also, because it's not like our -- it's not like the roads that are owned by the county. I mean, this is your private property. So there's options maybe for -- you could hire a security company to check on it, you know, since you're so far away. MS. MENDEZ: I'm sorry, ma'am, but the security company is too expensive, very expensive. It's not -- it's not just that I need to pay somebody for -- can get out the people with food truck that I don't want in my property. CHAIRMAN KAUFMAN: You have a situation where somebody is trespassing. MS. MENDEZ: Yes. CHAIRMAN KAUFMAN: They need to be -- BOARD MEMBER AYASUN: Removed. CHAIRMAN KAUFMAN: -- trespassed by the Sheriff. MS. MENDEZ: Sir, I went to the Sheriff's Office five times. May 23,2024 Page 39 CHAIRMAN KAUFMAN: Okay. Jeff has a lot of influence with the Sheriff, so -- he gave you his card. MS. MENDEZ: Okay. CHAIRMAN KAUFMAN: I think that will ultimately resolve your situation. MS. MENDEZ: Okay. CHAIRMAN KAUFMAN: Now, Jeff, do you have a suggestion for us? Do you want to -- MR. LETOURNEAU: I want to take a look at Latoya's -- are you guys going to vote first, and then we'll take a look -- CHAIRMAN KAUFMAN: We'll vote on what the -- 30 days or 60 days? MR. LETOURNEAU: Well, I mean, I want to look at her recommendation first, to be honest with you. BOARD MEMBER CURLEY: Do we need to vote that a violation is on and off? BOARD MEMBER ELROD: On and off, but currently it's off. CHAIRMAN KAUFMAN: Okay. Why don't we vote that a violation did exist. BOARD MEMBER AYASUN: Did exist, yeah. CHAIRMAN KAUFMAN: Okay. Somebody want to make that motion? BOARD MEMBER CURLEY: Make a motion that a violation has existed in the past. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. May 23,2024 Page 40 CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: Okay. It passes. So now a vote -- that's for the record. MR. LETOURNEAU: Yeah. Let's look at your recommendation, Latoya. My recommendation would be immediately, or a fine of whatever if we see it again. Obviously -- you say "immediately." We would monitor for a period of time. If it didn't reoccur, we would close that case out; however, if we saw it after that, we would reopen a new case as a repeat case at that point. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Okay. CHAIRMAN KAUFMAN: And in the meantime, you'll give -- MR. LETOURNEAU: In the meantime, she needs to give me a call. I'm off the next four days, unfortunately. But give me a call, leave me a voicemail or whatever, and I will get my contacts with the Sheriff's Office in Golden Gate City, and I'll see what I can do for you. MS. MENDEZ: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. So we have a violation exists. Yes, Lee. BOARD MEMBER RUBENSTEIN: I have a question. Jeff, the description of the violation isn't really accurate, if you could put that back up. It says that the food -- it says, "Unapproved food truck operating on the property without the required permit." It reads like it's their property. It really should say that it's a trespassing violation. May 23,2024 Page 41 MR. LETOURNEAU: Well, unfortunately, Code Enforcement doesn't deal in trespassing. We deal with property owners that allow violations on their property. And, unfortunately, even though she doesn't want the violation on her property, she is responsible for that property. So she's going to have to be the one that takes care of this. Even though we're going to try to help her, the ultimate responsibility comes down to the property owner. BOARD MEMBER AYASUN: Yep. MR. LETOURNEAU: Okay. CHAIRMAN KAUFMAN: Okay. So the verbiage on a -- on this, that the violation needs to be remedied immediately. MR. LETOURNEAU: Yeah. I mean, obviously, it's not their -- I mean, I would hope it's not there right now. So "immediately," and then, like I said, Code would monitor it for a period of time for this particular case. If we didn't see it occurring again, the case would be closed. Hopefully it would be done; however, if it occurred again, a new case would be opened as a repeat offense, and we'd be back here before the Board. CHAIRMAN KAUFMAN: Okay. Operational costs of 59.28; is that correct? MS. BUCHILLON: Yes, sir. BOARD MEMBER CURLEY: But also, I mean, as a property owner, you know, you can contact this vendor through yourself or through an attorney, and, you know, make contact with them. It's not all of the county's responsibility to manage your private property, so... MS. MENDEZ: I call him. BOARD MEMBER CURLEY: So there's a lot of different ways that you can work quickly to end this. MS. MENDEZ: I call him. One time one lady from the hamburger food truck -- he's back in my property. One friend of my May 23,2024 Page 42 friend pass through the street, called me. I run all the way to my office, okay. When I -- when I -- in the property, she go away. You see, it's not in my hands. MR. LETOURNEAU: I do believe Ms. Curley's advice of maybe having an attorney call these people might work better, though. That's some good advice. CHAIRMAN KAUFMAN: Okay. We have a motion. We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: Okay. It passes. So if you have the -- if this occurs again, you have a card of Jeff. MR. LETOURNEAU: Okay. He'll be able to contact the police. And they drive by their all the time. So it's not a case of you having to come down to see them there. They're there. And based on what you're saying they're trespassing on your property, they can cite them for trespass. CHAIRMAN KAUFMAN: Okay. MS. MENDEZ: Thank you. CHAIRMAN KAUFMAN: Thank you very much. MS. BUCHILLON: So we're going to cease immediately, that's the recommendation? CHAIRMAN KAUFMAN: That's correct. MS. BUCHILLON: Any ops costs? May 23,2024 Page 43 CHAIRMAN KAUFMAN: Yes, 59.28. THE COURT REPORTER: You didn't make a motion. Nobody made a motion. CHAIRMAN KAUFMAN: Okay. I'll make the motion, then. Make a motion that this situation cease immediately; ops costs, 59.28; no fine. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And it's seconded. I knew I worked for Helen, but now I work for Terri as well. BOARD MEMBER ELROD: Are we going to vote on it? CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Well, this time it carries unanimously. We got Kathy. BOARD MEMBER ELROD: It's currently abated. I had a little trouble saying that there was an issue. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: It was abated yesterday. MR. LETOURNEAU: But we do periodically bring cases for finding of fact. CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: Yeah, so -- we just wanted you guys to acknowledge that there was a violation at some time. May 23,2024 Page 44 CHAIRMAN KAUFMAN: It's like parking violations. Someone parks there. Code goes out there, they move. Code leaves, they're back. So, okay. Which brings us, Helen, to a less complicated case. MS. BUCHILLON: Hopefully. Number 7, CELU20240001445, Westward, LLC. CHAIRMAN KAUFMAN: That's Latoya's case, and she's -- BOARD MEMBER ELROD: In the hallway. BOARD MEMBER RUBENSTEIN: Which one? BOARD MEMBER AYASUN: Number 7. BOARD MEMBER CURLEY: Another food truck. BOARD MEMBER BHATLA: It's another food truck. BOARD MEMBER ELROD: That's why she said "hopefully." MR. ATTI: I know. CHAIRMAN KAUFMAN: Latoya, you're in charge of food. BOARD MEMBER AYASUN: Food truck specialist. MS. COOPER: Yes. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. ATTI: I swear. MS. COOPER: I do. CHAIRMAN KAUFMAN: Sir, could you state your name on the mic for us? MR. ATTI: Raed Atti. CHAIRMAN KAUFMAN: And you own Westward, LLC? MR. ATTI: The gas station. Sunoco gas station. CHAIRMAN KAUFMAN: I didn't understand. This is a gas station. MR. ATTI: It's a gas station, yeah. MR. LETOURNEAU: It's very similar to the last case, a food May 23,2024 Page 45 truck operating on a piece of property that I believe this gentleman owns, yes. BOARD MEMBER CURLEY: Their location that says -- CHAIRMAN KAUFMAN: Okay. All right, Latoya. MS. COOPER: All right. Good morning. For the record, Investigator Latoya Cooper, Collier County Code Enforcement. This is in reference to Case No. CELU20240001445 dealing with violation of the Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and (B), and Sections 2.03.03(D), for an unapproved food truck operating on a property without the required permits, located at 11825 Collier Boulevard, Naples, Florida 34116. Folio No. 35779440005. Service was given on March 11th, 2024. This case began with a field observation from Supervisor Holmes where he observed an un- -- I'm sorry -- unapproved mobile food dispensary vehicle on the property without the required permits. On February 12th, 2024, I observed the mobile food dispensary vehicle operating and took photos and made contact with the mobile food dispensary owner. On February 28th, 2024, due to continued operation after verbal warnings, the case was escalated, and a notice of violation followed. Contact was made with the gas station owner, Roy, and has been maintained throughout the course of the case, but permits or approvals have not been obtained. On May 19th -- no. Excuse me. Scratch that. As of my prehearing inspection on May 22nd, 2024, the property remains in compliance. At this time Collier County is seeking to find -- seeking a finding of fact for this case, due to the delayed compliant actions. I would like to present case evidence in the following exhibits. CHAIRMAN KAUFMAN: Okay. Has the respondent seen May 23,2024 Page 46 the exhibit? MS. COOPER: Yes. CHAIRMAN KAUFMAN: Do you have any objection? MR. ATTI: I removed everything. That's it. There's no more food trucks. Sorry. I told her prior there's no more food trucks. CHAIRMAN KAUFMAN: All right. So you have no objection? MR. ATTI: I have no objection. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photo. BOARD MEMBER RUBENSTEIN: Motion -- CHAIRMAN KAUFMAN: Second? BOARD MEMBER RUBENSTEIN: Make the motion to accept. CHAIRMAN KAUFMAN: And do we have a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. COOPER: So I have two photos taken by myself on February 12th, 2024. I also have four photos taken by myself on May 23,2024 Page 47 March 24th. I have one photo taken by Investigator Brian Owen on April 14th, 2024. BOARD MEMBER AYASUN: That's it? MS. COOPER: Yes. CHAIRMAN KAUFMAN: Okay. It's a little misleading to me when we say "food truck." These are, like, food trailers; is that correct? MS. COOPER: Uh-huh. CHAIRMAN KAUFMAN: Okay. So what do they do? They come in in the morning, they drop it off, and the vehicle that pulled them, or whatever, is gone? MS. COOPER: Yes. CHAIRMAN KAUFMAN: Are there license plates on these? MS. COOPER: Yes. CHAIRMAN KAUFMAN: Okay, fine. So there's no problem finding out who they belong to? MS. COOPER: No. BOARD MEMBER CURLEY: I just have a question, because it says the owner is Westwood, LLC. MS. COOPER: Yes. BOARD MEMBER CURLEY: Is that the owner of the gas station? MS. COOPER: That's the owner of the property. BOARD MEMBER CURLEY: And so -- MR. ATTI: I'm the owner of the gas station. I hold the lease. I'm the one who, like, make -- BOARD MEMBER CURLEY: So you're not Westward, LLC? MR. ATTI: Yeah. But I'm the one who managed the whole -- make sure everything is -- BOARD MEMBER CURLEY: You own the business on top of the land. May 23,2024 Page 48 MR. ATTI: Yes. BOARD MEMBER CURLEY: So he's not the property owner, then? MS. COOPER: No. BOARD MEMBER AYASUN: And you don't own the food truck or anything? MR. ATTI: No, no. What happened is the food truck been there, like, I don't know, for a long time, and they changed the laws. And, you know, they -- you know, Latoya came -- you know, she came and told me, "Look, the food trucks only can be around only for four hours." So then they changed the law to two hours and then to nothing. So the guy was there, and he always used to tell me, "Hey, man, please, you know, let me stay here," whatever. So I gave him the opportunity, but then I told him, "That's it. No more." After she told, "Look, no more. No more. That's it," I told him to leave. "If you come to the property, then I have to call the police," and that's it. CHAIRMAN KAUFMAN: Okay, fine. You're there, so you can do that? MR. ATTI: Yes, yes. CHAIRMAN KAUFMAN: Okay, great. MR. NOELL: Sir, just to -- you have permission from Westward, LLC, to speak on their behalf? MR. ATTI: Yes, yes, I spoke to them. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: The food truck advertises on the Internet. MR. ATTI: I know he advertised, but there's no more. I told him take it off. Take it off from my property. Take it. You know, I told him, "Take it off. That's in. No more." CHAIRMAN KAUFMAN: Okay. So do we find a violation May 23,2024 Page 49 existed? BOARD MEMBER CURLEY: Why don't we make a motion that a finding of facts is the history of a violation existed, but it's abated now? MS. COOPER: Yes. BOARD MEMBER CURLEY: Yeah. MR. ATTI: That's it. There's no more. CHAIRMAN KAUFMAN: No, I understand. That sounded like a good motion to me. BOARD MEMBER CURLEY: All right. CHAIRMAN KAUFMAN: Okay. Can we get a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Second. Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Latoya, you have a suggestion for us? BOARD MEMBER CURLEY: Jeff, you're on your toes. What do you -- MR. IANDIMARINO: Mr. Chairman, if I may? CHAIRMAN KAUFMAN: Yes. MR. IANDIMARINO: Tom Iandimarino, Code Enforcement director. May 23,2024 Page 50 Oftentimes, these food trailers, mobile food dispensing units, whatever they may be called, a truck or a trailer, sometimes they're left overnight for multiple days. Sometimes they are brought in and brought out. It just does depend. In this particular situation, it had been there for a while. They have left it. They'd move it. They come back. And there's a number of these that are popping up. As we contact one property owner, the trailer or truck just moves to another property owner. So we're just trying to, you know, advise them that this is legal to do, but the property owners have to have a site plan that allows the use, and that's the issue. So thank you. CHAIRMAN KAUFMAN: Understand. Okay. The operational costs of 59.28, is that in there? BOARD MEMBER CURLEY: Yes. CHAIRMAN KAUFMAN: I can't see from here what that says, so... MR. LETOURNEAU: You can read off for them, Latoya, please. MS. COOPER: The Code Enforcement Board orders the respondent to pay all operational costs in the amount of 59.28 incurred with the prosecution of the case within 30 days and -- No. 1, the Code Enforcement Board finds the property in violations of the referenced code ordinance at the time the notice of the violation was issued for the operation of an unapproved mobile food dispensary vehicle; Number 2, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the May 23,2024 Page 51 assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. MR. LETOURNEAU: Since it's a finding of fact and it's been abated, I'd like to strike No. 2. They don't have to contact us because there's nothing to contact us at this point. CHAIRMAN KAUFMAN: When was the last time you saw a violation there? MS. COOPER: It's been a while. CHAIRMAN KAUFMAN: Okay. So they've been into compliance for a while -- MS. COOPER: Yes. CHAIRMAN KAUFMAN: -- as the respondent has said. Okay. Someone want to make a motion to accept Latoya's suggestion? BOARD MEMBER RUBENSTEIN: I'll make the motion to accept. CHAIRMAN KAUFMAN: Okay. And we have a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. May 23,2024 Page 52 Thank you so much. MR. ATTI: Thank you. THE COURT REPORTER: Can I get the spelling of your name? MR. ATTI: R-a-e-d, last name A-t-t-i. THE COURT REPORTER: Say it again. MR. ATTI: A-t-t-i. THE COURT REPORTER: Thank you. BOARD MEMBER CURLEY: I have a question for the county, maybe at the end. CHAIRMAN KAUFMAN: Okay. Are we finished with the food trucks, Helen? BOARD MEMBER CURLEY: I hope so. Actually, we need to amend the agenda. We need to withdraw No. 5 in imposition of fines. Lowe's Home Center was scheduled also for imposition. CHAIRMAN KAUFMAN: Can I get a motion from the Board to amend the agenda? BOARD MEMBER ELROD: Motion to amend the agenda. CHAIRMAN KAUFMAN: Get a second? BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: I've got it. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. May 23,2024 Page 53 MS. BUCHILLON: And we will start with the imposition of fines. Number 2, CEPM20230001023, Vincent Lennon and Ruth A. Lennon. MR. CHISHOLM: Good morning. My name is Girardeau Chisholm. I'm actually here representing Rebel, which is -- we lease the property from the -- Vincent. CHAIRMAN KAUFMAN: Okay. Give me one second. THE COURT REPORTER: What is your last name? MR. CHISHOLM: Chisholm, C-h-i-s-h-o-l-m, like the Chisholm Trail. 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. CHISHOLM: Yes. CHAIRMAN KAUFMAN: So you're representing -- MR. CHISHOLM: Rebel. It's the -- it's the gas station. The violation is our station. CHAIRMAN KAUFMAN: Okay. MR. CHISHOLM: It's on their property. CHAIRMAN KAUFMAN: Okay. Bradley, do you want to read this into the record for us? MR. HOLMES: Yes, sir. For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On August 24th, 2023 -- let me actually get it up here. On August 24th, 2023, 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 May 23,2024 Page 54 the violation. See the attached order of the Board, OR6290, Page 409, for more information. The violation has not been abated as of May 23rd, 2024. The fines and costs to date are as follows: Part B, fines have accrued at a rate of $50 per day for the period from September 24th, 2023, to May 23rd, 2024, 243 days, for a total fine amount of $12,150. Fines continue to accrue. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing, $59.35. Total amount to date, $12,268.63. CHAIRMAN KAUFMAN: Okay. Question No. 1: The operational costs have not been paid. Generally speaking, the Code Enforcement doesn't do much with any case where the operational costs have not been paid, so... MR. HOLMES: I'm going to shed a little bit of light on the situation here -- CHAIRMAN KAUFMAN: Okay. MR. HOLMES: -- because it's a little on the obscure side. I do understand -- CHAIRMAN KAUFMAN: Of course. MR. HOLMES: -- that there's onus. Go figure, right? There's a little bit of onus that's placed upon on the property owners and, obviously, the tenancy. But my understanding, after talking to the COO earlier this week and a couple other times before the hearing, of Rebel gas stations, is that they've had struggles with staffing, being able to retain quality staffing at this location, and it's resulted in several things falling through the cracks, and this being one of them. They've made, I think, significant measurable progress this week to try to figure out what they're going to do with this and how to approach it. May 23,2024 Page 55 The operational costs, I don't think, are going to be trouble for us to get paid. But they've already contacted Growth Management. They've determined what the issue was with two other previously -- previous permit attempts that failed. They know where they need to go now. There was bad information being passed around. I guess there's an allegation also of a bad contractor that was trying to expand the scope of work, essentially mislead Rebel gas stations into thinking they needed to replace all windows within the building, to get a larger job. So they've had some hurdles. But I think that, you know, I feel, after conversations, that things are going to proceed as we would normally expect from this point forward, but I'll leave the rest for conversation if you'd like to have it with Mr. Chisholm. CHAIRMAN KAUFMAN: Okay. So I'll go back to you. So this is turning out to be a very expensive window. MR. CHISHOLM: Windows. CHAIRMAN KAUFMAN: Is it one window? Is it more than one window? I remember this case in the past. It was just one window. MR. CHISHOLM: Yeah, it's one big window, so... CHAIRMAN KAUFMAN: Okay. You can buy a hell of a big window for $12,000, so... MR. CHISHOLM: It's like -- what he previously stated, we had a lot of misinformation. The contractor literally said that we needed all hurricane proof windows, and -- which was 100,000-plus job, which was for initial code. And there was going back and forth. And the guy's not there anymore, so when we was -- as the contact, that's how we actually got the correct information that we needed to actually proceed to get it done. BOARD MEMBER RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: Yeah. Let him finish. Go ahead. May 23,2024 Page 56 I'm sorry. MR. CHISHOLM: So now we got the correct information, and we got the permit attempts. And we should get a quote today from the contractor in order to give us an expedited time of when it's going to be -- the job would be complete. CHAIRMAN KAUFMAN: Okay. So you're -- in the next day or so, you'll know it will be done by whatever date? MR. CHISHOLM: Yes, right. CHAIRMAN KAUFMAN: Okay. Lee? BOARD MEMBER RUBENSTEIN: Does the county have a limit on how long a board-up is allowed? MR. HOLMES: Typically speaking, if there was to be a boarding certificate put in place, it would be six months. BOARD MEMBER RUBENSTEIN: Is that part of written, or is that -- MR. HOLMES: Yeah. When they get issued a boarding certificate, they get six months for that boarding certificate. BOARD MEMBER RUBENSTEIN: Okay. All right. So how long has this one been? CHAIRMAN KAUFMAN: From August. MR. HOLMES: Yeah, this has been since February of '23, so... BOARD MEMBER AYASUN: More than six months. CHAIRMAN KAUFMAN: We heard it on August of '23. So August, September, October, November, December, January. Way past that. Okay. MR. LETOURNEAU: Brad, is there a boarding certificate? MR. HOLMES: No, sir. MR. LETOURNEAU: Go ahead. MR. HOLMES: No, sir. CHAIRMAN KAUFMAN: Okay. So it doesn't matter. MR. LETOURNEAU: Yeah, it doesn't matter. May 23,2024 Page 57 BOARD MEMBER CURLEY: So -- CHAIRMAN KAUFMAN: Sue. BOARD MEMBER CURLEY: So we just need to extend this, then, and the fines continue to accrue? CHAIRMAN KAUFMAN: Well, since it's not -- it's still in violation, we can give them some additional time to get this resolved, and the fines will continue to accrue until it's been abated, and at that time we can lower the fines, institute the fines, or whatever we want to do at that time. MR. LETOURNEAU: Well, the only sticking point I see is the unpaid original operational costs. CHAIRMAN KAUFMAN: Right. And you said that you'll be able to take care of that? MR. CHISHOLM: Yeah. I could take care of that, of course. MR. LETOURNEAU: I'd like to put -- I mean, if you guys do -- CHAIRMAN KAUFMAN: Put that in the order. MR. LETOURNEAU: Like a week or whatever. MR. CHISHOLM: We could take care of that. I'll just call the corporate office, and we'll get that done. BOARD MEMBER CURLEY: Well, I can make a motion for an extension of -- for -- MR. LETOURNEAU: Continuance. BOARD MEMBER AYASUN: I have one question. CHAIRMAN KAUFMAN: Go ahead, Tarik. BOARD MEMBER AYASUN: When we discussed this the last time, I believe they said that they were told if they changed one window, they have to change all the windows. Who said that and what happened to that? MR. LETOURNEAU: I believe he said his contractor said that to him. May 23,2024 Page 58 MR. CHISHOLM: Yes. BOARD MEMBER AYASUN: So not a legal thing, just a contractor said that? MR. CHISHOLM: Yeah. So on any of the jobs when we have any issues like this with the windows being broken -- we've actually had this before. Well, not with this company, because -- my previous company I have. We reach out to Fox Glass, which is a contractor. They're pretty large throughout the state, and they usually take care of those issues. BOARD MEMBER AYASUN: They can change all of them? MR. CHISHOLM: Well, that's what they said we needed, but according to Mr. Bradley -- Mr. Bradley there, we don't -- we don't have to do that. MR. HOLMES: Well -- and just to clarify that point, that was -- that's conversation I had with the COO. He had contacted -- or he had a designee contact the reviewer who put a correction on one of the last permits, and their conversation led him to the understanding that they only needed to replace the one, that that was -- it was not a full building replacement just for one broken window. CHAIRMAN KAUFMAN: Okay. MR. HOLMES: So I don't -- I did not have direct conversation with the reviewer to be able to profess. CHAIRMAN KAUFMAN: Okay. Sue, you said you were going to make a motion? BOARD MEMBER CURLEY: Well, I will, if somebody can donate some time. CHAIRMAN KAUFMAN: Okay. You start it, and we'll fill it in. BOARD MEMBER CURLEY: I mean, so I'll make a motion to extend it for 60 days. May 23,2024 Page 59 MR. LETOURNEAU: Continue. BOARD MEMBER CURLEY: Within seven days -- the overdue operational costs of 59.28 need to be paid within seven days, and then this -- operational costs for today, also 59.35 should be paid. CHAIRMAN KAUFMAN: That can be paid in the same seven days, or do you want to give them 30 days for that? BOARD MEMBER CURLEY: Whatever the normal time is for that. CHAIRMAN KAUFMAN: Normally it's 30 days. Of course, it will probably be easier for you to just do it all at one time. MR. CHISHOLM: So you're saying the two operational costs? CHAIRMAN KAUFMAN: The two operational costs. One from the last case -- MR. CHISHOLM: Fifty-nine and 59? CHAIRMAN KAUFMAN: -- and one from -- MR. CHISHOLM: I can actually do that today. I have the authority to do that today, so I can actually take care of that. CHAIRMAN KAUFMAN: Okay. Great. I'll let you and Bradley go duke it out in the hallway over that. Okay. So we have a motion. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? May 23,2024 Page 60 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Thank you, sir. MR. LETOURNEAU: Just to clarify, this is a continuance, because Sue, I believe, said "extend" the period. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER CURLEY: Sorry. Continue. Fines continue to accrue. MR. LETOURNEAU: No problem. CHAIRMAN KAUFMAN: Okay. Done. BOARD MEMBER CURLEY: Get you out of your "rebel" status. MR. CHISHOLM: Thank you. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: Next case, No. 3, CESD20220004820, Tirso Careaga De La Cruz and Martha Alicia Careaga. THE COURT REPORTER: Could you state your name? MS. CAREAGA: Martha Careaga. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us? MS. CAREAGA: Yes. My name is Martha Careaga. 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. CAREAGA: I do. CHAIRMAN KAUFMAN: Okay. Would you like to read this into the record for us? MR. MARINOS: Yes, sir. Past orders: On May 25th, 2023, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The May 23,2024 Page 61 respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6258, Page 1632, for more information. The violation has been abated as of April 16th, 2024. Fines have accrued at a rate of $100 per day for the period from August 24th, 2023, to March 22nd, 2024, 212 days, for a total fine amount of $21,200. Previously assessed operational costs of $59.21 have been paid, operational costs for today's hearing is $59.42, for a total amount of $21,259.42. The gravity of the violation was not health and safety. Any action taken by the violator to correct: They removed the chicken coop requiring a permit and acquired Permit PRCP20220627790 for shed. Any previous violation committed by the respondent: N/A. And other relevant factors: N/A. CHAIRMAN KAUFMAN: So the 59.21 has not been paid? MR. MARINOS: It has been paid. It was paid this morning. So the document on the screen is accurate now. CHAIRMAN KAUFMAN: Okay. Okay. Ma'am, you are requesting -- I'm leading the witness. You're asking that the fines be lowered; is that what you're here for today? MS. CAREAGA: Actually, I just came because I thought this permit was -- he told me by telephone that this got a long time. They supposed to be fixed early. But this -- I came for the same case the last time. I buy this house, like, three years ago, and I make a lot of improvements in this house, like around 10 permits, and everything -- I paid all permits, and I doing everything that Collier County is request for me. May 23,2024 Page 62 So everything passed. But this little shed was left from the last owner, so -- and this take time to -- they send me the papers from this shed is why I don't submit to get it with the other permits before. And after I submit the permits, they send me to environment department in Fort Myers. I got, like, three meetings with them, but takes long time to -- they came to my home and check if it's allowed, if it's not anything against the environment. So they decide that's okay, but they take long, long time. So this is the only permit I got a problem with, and it's why it takes all this time. So I'm just -- I'm very surprised because they call me again. I'm a CNA, and I got a 24/7 case, Hospice case. And I tried to came, and I hire somebody to take care of my patient. And, you know, I'm here, just to -- following the rules. And I'm very surprised they call me again because the last time we -- I'm told you guys the permit was in process, and I fix it. So, actually, I don't know -- I lost all these days, and today is another day I need to pay somebody to take care of my patient only to be here. And I explained already, you know, this permit is only -- was in process because of the environment department. CHAIRMAN KAUFMAN: So to answer my question, you'd like us to reduce the penalty? MS. CAREAGA: Yes. Because, actually -- sorry. Actually, the shed is an old shed. It's -- I'm just -- I don't want to throw it away because my husband has something there, like, you know his -- CHAIRMAN KAUFMAN: Are there any chickens in it? MS. CAREAGA: No. His items is there, so I don't want to throw away. And I want everything according to the Collier County. So it is an old shed. I just want to follow the rules, and I go and pay for the permit. I'm doing all these meetings only for this little shed with environment department, and it's, like, a long, long process. And, you know, I'm just here, again, to follow the rules. I'm May 23,2024 Page 63 very, very surprised. Like, you know, I'm here and I'm here, and I pay everything. And if you can see all the permits I'm doing and -- from the improvements on my home, it's everything -- everything is -- is following the rules. CHAIRMAN KAUFMAN: Let me help you. MS. CAREAGA: Yes. CHAIRMAN KAUFMAN: Does anybody want to make a motion on this? BOARD MEMBER RUBENSTEIN: I would like to make a motion. CHAIRMAN KAUFMAN: Yes, Lee. Go ahead. BOARD MEMBER CURLEY: I'll do it. BOARD MEMBER RUBENSTEIN: Thank you. I want to make a motion that the respondent is responsible to pay the 59.21 that has not been paid. CHAIRMAN KAUFMAN: It has been paid, so... BOARD MEMBER RUBENSTEIN: Oh, it has been. CHAIRMAN KAUFMAN: Yeah. BOARD MEMBER RUBENSTEIN: Okay. That the operational costs for today of 59.42 be paid, and that the amount of the fine be reduced to $1,500 to be paid within 30 days. CHAIRMAN KAUFMAN: Okay. Do we have a second? BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a second by Tarik. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Okay. Opposed? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: (No verbal response.) May 23,2024 Page 64 BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. BOARD MEMBER ELROD: Okay. The motion fails. Do you want to modify your $1,500 a little bit? BOARD MEMBER RUBENSTEIN: All right. I'll restate my motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: The 59.42 has to be paid. Reduce the county's fine from the 21,318 to $800 to be paid within 30 days. CHAIRMAN KAUFMAN: Okay. That's your motion? BOARD MEMBER RUBENSTEIN: Yes, sir. CHAIRMAN KAUFMAN: Do we have a second? (No response.) CHAIRMAN KAUFMAN: No. Can I try? BOARD MEMBER RUBENSTEIN: Absolutely. CHAIRMAN KAUFMAN: I make a motion the 59.42 be paid, and we deny the county's fine of 21,318.63. So the -- BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: -- total would be 59.42. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: And it's seconded. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. May 23,2024 Page 65 CHAIRMAN KAUFMAN: Okay. It passes. MS. CAREAGA: Thank you, sir. CHAIRMAN KAUFMAN: Okay. You have the $59.42. That's all you need to pay, and you're done. MS. CAREAGA: Thank you, sir. I think I did it this morning. MR. MARINOS: We'll talk outside. MS. CAREAGA: Thank you. Thank you. I appreciate everything. CHAIRMAN KAUFMAN: No, no, no. What you paid this morning was the different one. MS. CAREAGA: Okay. CHAIRMAN KAUFMAN: You'll take care of that, okay. MR. MARINOS: I'll explain it to her, yes, sir. CHAIRMAN KAUFMAN: Okay. MS. CAREAGA: Okay. Thank you, sir. CHAIRMAN KAUFMAN: Thank you. Okay. MS. CAREAGA: Thank you very much. MR. MARINOS: Thank you. CHAIRMAN KAUFMAN: Okay. We're going to take a 10-minute break for the court reporter. (A brief recess was had from 10:31 a.m. to 10:46 a.m.) CHAIRMAN KAUFMAN: Call the Code Enforcement Board back to order. Helen, what's next? MS. BUCHILLON: Okay. We are still under motion for imposition of fines and liens. CHAIRMAN KAUFMAN: Yep. MS. BUCHILLON: Number 6, CESD20220008382, Anthony Mattei, Karol Lucila Teresita Mattei, and Lilia Mercedes Machado. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing May 23,2024 Page 66 but the truth? MR. PACKARD: I do. MR. MATTEI: I do. CHAIRMAN KAUFMAN: Well, good morning. A fresh face for today. MR. PACKARD: Good morning, sir. CHAIRMAN KAUFMAN: That's you. MR. PACKARD: Yes, I hope so. MR. MATTEI: Am I not fresh? CHAIRMAN KAUFMAN: Do you want to read this into the record for us? MR. PACKARD: Yes, sir, certainly. For the record, Jason Packard, Collier County Code Enforcement. Past orders: On May 25th, 2023, 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 violations. See the attached order of the Board, OR6258, Page 1628, for more information. On October 26th, 2023, the Code Enforcement Board granted an extension of time. See the attached order of the Board in documents and images for more information. The violation has not been abated as of May 23rd, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from January 25th, 2024, to May 23rd, 2024, 120 days, for a total fine amount of $24,000. Fines continue to accrue. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing, $59.56. Total amount, $24,059.56. CHAIRMAN KAUFMAN: Okay. May 23,2024 Page 67 THE COURT REPORTER: Your name? MR. MATTEI: Anthony Mattei. CHAIRMAN KAUFMAN: Okay, Anthony, would you like to -- MR. MATTEI: Yeah. CHAIRMAN KAUFMAN: -- tell us what's going on? MR. MATTEI: Yeah. Everything is done. It's all closed out. The county's asking for a spot survey, and I'm having trouble finding a surveyor that will come out there where I live. The one I used prior died, and the one I used before him, Miguel, up in Cape Coral, won't come down where I live. So I'm trying to hunt down someone that will come out there in a reasonable amount of time. Some of them that I call tell me four, five, or six weeks but they can get out there. So I'm trying to find somebody within a two-week period of time. If I can just get an extension of 60 days just to sort through somebody I've never used before. CHAIRMAN KAUFMAN: Well, it's costing you $200 a day for every day that the -- MR. MATTEI: I realize that, but I'm trying to -- CHAIRMAN KAUFMAN: What happened prior to this that it's -- that we've -- I mean, this thing was done May 25th, 2023. That's just about a year ago, so... MR. MATTEI: I'm trying to get -- sort through surveyors that will come out there. I've called probably two or three times a week to find somebody, and I've got references and everything else. And with my work schedule and everything else, I'm trying to sort through everything to get somebody out there. BOARD MEMBER CURLEY: I have a question. So this is a condo. Did you change the footprint of the condominium? MR. MATTEI: No, it's a deck in the back. May 23,2024 Page 68 MR. PACKARD: It's a mobile home in a mobile home park off 41. BOARD MEMBER CURLEY: Oh, I beg your pardon. I was reading the legal description. Oh, darn. MR. MATTEI: A lot of the surveyors won't come out that way, because I'm east of 951. They're like, "Oh, no. We don't go out that far." So I've got to find somebody that will come out there. CHAIRMAN KAUFMAN: You've got to make somebody an offer they can't refuse. BOARD MEMBER AYASUN: Yeah. MR. MATTEI: I guess I have to. If I could have an extension, I'll knock this out in the next 30 days, if you can grant me that -- CHAIRMAN KAUFMAN: Well -- MR. MATTEI: -- because I don't like that fine. CHAIRMAN KAUFMAN: We could come up with a continuance. Jeff, you're looking at me like up want to -- MR. LETOURNEAU: No, I'm fine. I just -- yeah, I want to clarify that the county would be happy with a continuance. CHAIRMAN KAUFMAN: Yeah. We could come up with a continuance for 30 days or 60 days. It would be in your best interest, obviously, even if we came up with a continuance of 60 days, if you got it done in three days -- MR. MATTEI: Yeah, of course. CHAIRMAN KAUFMAN: -- get it done by that day, because the fines will continue to accrue -- MR. MATTEI: Right. CHAIRMAN KAUFMAN: -- until the words on this page have changed from, "The violation has not been abated" to "It's been abated." That's -- MR. MATTEI: Okay. May 23,2024 Page 69 CHAIRMAN KAUFMAN: -- a big deal. MR. MATTEI: Okay. CHAIRMAN KAUFMAN: So anything from the Board? BOARD MEMBER CURLEY: I agree with the extension. CHAIRMAN KAUFMAN: Okay. How much? BOARD MEMBER CURLEY: Is that the right word, Jeff? CHAIRMAN KAUFMAN: Continuance. BOARD MEMBER CURLEY: I'll make a motion for continuance for 45 days. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Let me stop. Forty-five days is -- let's do it in increments of 30 because that's how we meet. You get my drift? BOARD MEMBER CURLEY: I do. BOARD MEMBER BHATLA: Sixty days. CHAIRMAN KAUFMAN: Okay. Do you want to make a motion to grant an extension of 45 days? BOARD MEMBER CURLEY: If everyone wants 60, that's fine by me. I don't really know where it matters. BOARD MEMBER AYASUN: Sixty. CHAIRMAN KAUFMAN: Well, the motion is 45 days. BOARD MEMBER CURLEY: No, I just said I'll change it to 60 if that makes everyone happy. CHAIRMAN KAUFMAN: So you're changing it to 60, okay. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. BOARD MEMBER RUBENSTEIN: I have a comment. CHAIRMAN KAUFMAN: Before we do that. And the $59.56 to be paid within 30 days, correct? BOARD MEMBER CURLEY: Yep. May 23,2024 Page 70 CHAIRMAN KAUFMAN: Okay. Do you have a comment? BOARD MEMBER RUBENSTEIN: Yeah, please. Just for your information, there's seven surveyors in Naples that are listed in Google. MR. MATTEI: Yeah, I've called. BOARD MEMBER RUBENSTEIN: And all seven of them are in business. MR. MATTEI: I've called several of them. BOARD MEMBER RUBENSTEIN: And none of them will come out and accommodate you? MR. MATTEI: One which lives out in the Ave Maria, he said, "I'm not coming out there." My guy, Miguel, says he won't come out -- down here, who works -- does my Lee County -- I'll just start cold-calling everybody. BOARD MEMBER RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Okay. Obviously, it's your problem. MR. MATTEI: Right. CHAIRMAN KAUFMAN: He was just trying to help. MR. MATTEI: I appreciate it. CHAIRMAN KAUFMAN: Okay. We have a motion, we have a second, for 60 days. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) May 23,2024 Page 71 CHAIRMAN KAUFMAN: It carries unanimously. Do whatever you have to do to get it done. MR. MATTEI: Yeah, I will. I promise. CHAIRMAN KAUFMAN: Okay. MR. PACKARD: Thank you. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: Next case, No. 8, CELU20220011318, Yohenis Martinez. MR. MARTINEZ: Good morning. 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. MARTINEZ: I will. MR. MARINOS: I do. CHAIRMAN KAUFMAN: Okay. You want to read the violation into the record for us? MR. MARINOS: Yes, sir. Past orders: On July 31st, 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 the attached order of the Board, OR6293, Page 3000, for more information. On January 25th, 2024, and March 28th, 2024, the Code Enforcement Board granted a continuance. See the attached order of the Board in docs and images for more information. The violation has been abated as of April 15th, 2024. Fines have accrued at a rate of $50 per day for the period from August 31st, 2023, to April 15th, 2024, 229 days, for a total fine amount of $11,450. Previously assessed operational costs of $59.28 and $59.63 have been paid. Operational costs for today's hearing is $59.70, for a total May 23,2024 Page 72 amount of 11,509.70. The gravity of violation was not health and safety. Any actions taken by the violator to correct: They removed all offending boats from the site or onto a licensed and operable trailer registered to a legal resident of the property. Any previously violations committed by the respondent: N/A. Any other relevant factors: N/A. CHAIRMAN KAUFMAN: Okay. Sir, could you state your name on the microphone for us, please. MR. MARTINEZ: My name is Yohenis Martinez. CHAIRMAN KAUFMAN: Okay. It's your turn to -- BOARD MEMBER CURLEY: Bravo. CHAIRMAN KAUFMAN: -- talk. MR. MARTINEZ: Thank you. I finished it all up, put everything on my trailer plate, try fixing everything right. BOARD MEMBER CURLEY: Good job. CHAIRMAN KAUFMAN: And you did a good job because it's been abated. MR. MARTINEZ: Yeah. CHAIRMAN KAUFMAN: Okay. Is there any reason why it took so long? MR. MARTINEZ: The problem is we have a big boat on the stand. We got in trouble finding the trailer. The big trailer is a 40-foot trailer, semi trailer, you know. It's expensive trailer. It's hard to find. Finally -- finally I buy one, putting the boat and the trailer, putting registration and on the plate, everything. That's why it take too long. CHAIRMAN KAUFMAN: Okay. So the boat is still there, but it's on a trailer that's licensed; is that correct? MR. MARINOS: Yes, sir, a licensed and operable trailer registered to Mr. Martinez. May 23,2024 Page 73 CHAIRMAN KAUFMAN: Just a side question. MR. MARINOS: Yes, sir. CHAIRMAN KAUFMAN: Was this a report by a neighbor? MR. MARINOS: It was a complaint from a neighbor, yes, sir. CHAIRMAN KAUFMAN: I wonder if the neighbor -- the boat is still there, if they're satisfied or not satisfied, not that it makes a difference. MR. MARINOS: Oh, the complaint -- the original complaint was for a separate issue that he's been taking care of. This kind of stemmed off of that. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Yeah, I remember that. This was -- there was a lot of -- this was the last of many things. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Yeah. CHAIRMAN KAUFMAN: Anybody want to make a motion? BOARD MEMBER ELROD: I'll make a motion. CHAIRMAN KAUFMAN: Go. BOARD MEMBER ELROD: That the court costs, 59.70, be paid within 30 days, and we deny the county the imposition of fines. BOARD MEMBER CURLEY: I'll second that. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: I'll nay it also. Okay. May 23,2024 Page 74 MR. MARTINEZ: Thank you. CHAIRMAN KAUFMAN: You have $59.70 to be paid within 30 days. MR. MARTINEZ: Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next case, No. 9, CESD20230001769, 12275 Collier Boulevard Land Trust. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MR. NUNEZ: I do. CHAIRMAN KAUFMAN: Okay. Bradley, do you want to read this into the record for us? MR. HOLMES: Sure. For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On August 4th, 2023, the Special Magistrate 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 Special Magistrate, OR6282, Page 1432, for more information. The violation has been abated as of March 16th, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from November 3rd, 2023, to March 16th, 2024, 135 days, for a total fine amount of $13,500. Previously assessed operational costs of $111.75 have been paid. Operational costs for today's hearing, $59.49. Total amount, $13,559.49. Gravity of the violation: We considered this health and safety. Any actions taken by the violator to correct: They removed the May 23,2024 Page 75 unpermitted awnings and storage addition in the rear of the unit and obtained Demolition Permit No. PRDM20240103281. It was finaled on March 16th, 2024, to address the unpermitted electrical. Any previous violations committed by the respondent/violator: Case No. CESD20190000550, adjudicated on January 24th of 2020 by the Code Enforcement Board. Any other relevant factors: None. CHAIRMAN KAUFMAN: Okay. Sir. MR. NUNEZ: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. NUNEZ: My name is Jose Nunez. I am the -- one of the property owners and the trustee of the trust. This violation is in reference to one of our tenants. We've owned the property approximately six years and, unfortunately, the only time that I ever have to see Mr. Holmes is related to the same tenant. But this was for awnings that -- there were, like, roll-up awnings that were installed without permits and an icemaker that they had installed outside of the property in the rear with some sort of wooden enclosure and an electrical outlet. I do my best to require that my tenants take care of the issues on their own as a means of making it expensive and difficult for them, and they hopefully learn something from that. Unfortunately, with this tenant, I have not had that success. And, inevitably, when I get involved in the process, it's much later. But we did hire an election. He attempted to get a permit for the icemaker. It was rejected several times. Ultimately, I said, we're just going to get a demolition permit. And I had to do that myself and get it removed to abate the issues. CHAIRMAN KAUFMAN: Is this an HOA? MR. NUNEZ: No, sir. It's an 11-unit commercial property on May 23,2024 Page 76 Collier Boulevard, and my tenants are a Mexican restaurant. CHAIRMAN KAUFMAN: Okay. Any comments from the Board? Any motions? (No response.) CHAIRMAN KAUFMAN: Hearing none, I'll make a motion that the $59.49 be paid within 30 days, and that the total amount of the fine, including the 59.49, will be $1,500. BOARD MEMBER RUBENSTEIN: I second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: Okay. It passes. MR. NUNEZ: Thank you. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Good job. Is that it, Helen? We're not done, though. MS. BUCHILLON: No, we're not. CHAIRMAN KAUFMAN: Okay. Sue wants to leave at 11. She's late. MS. BUCHILLON: She can leave. Actually, we just have two more cases of imposition that the respondents are not here. All right. So first one is No. 4, CESD20230004946, Abdallah Masoud Mustafa. May 23,2024 Page 77 CHAIRMAN KAUFMAN: We're going to wear Bradley out. MR. HOLMES: I can't be warn out yet. I have to get to retirement first. CHAIRMAN KAUFMAN: You're not old enough. 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. CHAIRMAN KAUFMAN: Okay. Bradley, you want to read the past orders? And let the record reflect the respondent is not present and has been notified. Helen. MS. BUCHILLON: For the record, respondent was notified regular and certified mail May 6th, 2024, and it was also posted at the property and courthouse May 9th, 2024. CHAIRMAN KAUFMAN: Okay. MR. HOLMES: All right. For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On February 22nd, 2024, 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, OR6345, Page 127, for more information. The violation has not been abated as of May 23rd, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from March 24th, 2024, to May 23rd, 2024, 61 days, for a total fine amount of $12,200. Fines continue to accrue. Previously assessed operational costs of $59.28 have not been paid. Operational costs for today's hearing, $59.28. Total fine amount, $12,318.56. CHAIRMAN KAUFMAN: Okay. Anybody want to make a May 23,2024 Page 78 motion? BOARD MEMBER RUBENSTEIN: Yes. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: I want to make a motion that the 59.28 that has not been previously paid and the 59.28 for today's hearing to be paid, and the total fine of $12,318.56 be imposed. MR. NOELL: And then as part of that motion, would you make that notice was properly provided to the respondent? BOARD MEMBER RUBENSTEIN: And notice was properly presented to the respondent who didn't respond and is not present at today's hearing. MR. NOELL: Thank you. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Was that good? MR. NOELL: It was excellent. BOARD MEMBER RUBENSTEIN: Thank you. CHAIRMAN KAUFMAN: It was wonderful. Okay. And fines continue to accrue. BOARD MEMBER RUBENSTEIN: Yep. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER CURLEY: (Raised hand.) CHAIRMAN KAUFMAN: It carries unanimously [sic]. May 23,2024 Page 79 MS. BUCHILLON: Okay. And our last case No. 7, CESD20230000280, Gloria May. 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. Ready? CHAIRMAN KAUFMAN: Shoot. MR. HOLMES: For the record, Bradley Holmes, Collier County Code Enforcement. Past orders: On August 24th, 2023, 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, OR6311, Page 1465, for more information. On January 25th, 2024, 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 May 23rd, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from October 24th, 2023, to May 23rd, 2024, 213 days, for a total fine amount of $21,300. Fines continue to accrue. Previously assessed operational costs of $59.35 have been paid. Operational costs for today's hearing, $59.56. Total amount, $21,359.56. CHAIRMAN KAUFMAN: Okay. Let the record reflect from the respondent is not present. BOARD MEMBER RUBENSTEIN: I have a question -- CHAIRMAN KAUFMAN: Yes. BOARD MEMBER RUBENSTEIN: -- for Brad. I notice it says on here that all disposing of solid waste is in May 23,2024 Page 80 undeterminable manner and location. If I read this correctly, we've got human waste being dumped on the property or in some form as of today? MR. HOLMES: Not today. As of the -- that was, essentially, the description used when we had the case initially heard. At this point -- so the continuance occurred when the property owner's son appeared and tried to rectify the issues on the property. He got to the 10-yard line, and then his mother started preventing him from taking any further action. That's our understanding at this point. So what we'd be waiting for right now to abate the violation is a demolition permit to confirm that electrical in one of the buildings was properly deconstructed, and we're just not going to be able to reach that at least at this time. BOARD MEMBER RUBENSTEIN: So the waste issue is -- MR. HOLMES: The waste issue is no -- BOARD MEMBER RUBENSTEIN: -- is not an issue? MR. HOLMES: There was occupancy of unpermitted structures in the back. They converted a half a -- like, almost a carport/garage type structure into enclosed spaced. All that's been nearly completely demoed. No more, you know, prohibited occupancy of out-structures any further. CHAIRMAN KAUFMAN: Okay. Do we have any -- anybody want to make a motion? BOARD MEMBER CURLEY: I have a question. So you haven't heard -- so, obviously, the son tried to help, and then he got pushed aside? MR. HOLMES: Yes. BOARD MEMBER CURLEY: So are you able to speak to the woman, or is she -- MR. HOLMES: So contact with her is hit and miss. It's more May 23,2024 Page 81 on her time than ours. She attempted to contact myself earlier this week. I received notification. She called the office. I tried to call her right back and called her a couple other times the same day to no avail. I just hit the voicemail, and she failed to call me back, so... BOARD MEMBER RUBENSTEIN: I have a question before we -- CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: -- talk about a motion. Since the respondent's not here and can't answer directly, are we allowed as the Board to change the amount of the daily fine once we find what we're going to do with this? CHAIRMAN KAUFMAN: No. No. BOARD MEMBER RUBENSTEIN: The fine remains the same? CHAIRMAN KAUFMAN: Yep. BOARD MEMBER ELROD: It's a past order. BOARD MEMBER RUBENSTEIN: From the past order. CHAIRMAN KAUFMAN: And they continue to accrue. BOARD MEMBER CURLEY: I'll make a motion. BOARD MEMBER RUBENSTEIN: I understand that. But we as a Board can't change the fine either to lower it or raise it on the -- CHAIRMAN KAUFMAN: That's correct. BOARD MEMBER RUBENSTEIN: -- per day? CHAIRMAN KAUFMAN: We can't do that. BOARD MEMBER RUBENSTEIN: Okay. Thank you. CHAIRMAN KAUFMAN: Sue, go ahead. BOARD MEMBER CURLEY: I'll make a motion to -- let's see -- grant the county's permission for the twenty-one thousand, is it, three-hundred-dollar fine in addition to today's operational costs of 59.56 be paid in 30 days, and we'll make note that the respondent is May 23,2024 Page 82 not present, but they were notified. CHAIRMAN KAUFMAN: Okay. We have a motion. I'll second it. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We have one other item, if that was the last case. MS. BUCHILLON: Yes, sir, that was the last case. CHAIRMAN KAUFMAN: Okay. One of our members of the Board who has been absent for, I think, close to six months, has considered -- he has vacated the position. So he's no longer on the Board, and Collier County will advertise to replace him. Is that okay with you, Colleen? MS. KARLEN: (Thumbs up.) CHAIRMAN KAUFMAN: Okay. Is that okay with you, Jeff? MR. LETOURNEAU: Yes, sir. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: No need a second. It's not a motion. It's a fact. My Cousin Vinny. Okay. We are adjourned. ******* May 23,2024 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 : 11 a.m. CODE ENFORCEMENT BOARD T FMAN, CHAIRMAN These minutes approved by the Board on` 27 a2612V as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.. Page 83