Loading...
CEB Minutes 09/26/2024September 26, 2024 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, September 26, 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 Kathleen Elrod Lee Rubenstein Manmohan "Bart" N. Bhatla John Fuentes, Vice Chair (Absent) Sue Curley (Absent) Tarik N. Ayasun (Absent) Kevin Johnson, Alternate (Absent) ALSO PRESENT: Tom Iandimarino, Code Enforcement Director Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Kevin Noell, Attorney to the Board September 26, 2024 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody, all you stout people who came out in this weather. I'd like to call the Code Enforcement Board to order. Notice: Respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need 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 for the Code Enforcement Board shall be responsible for providing this record. So having said all that, we'll all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Good morning, Helen. Did that hurt? MS. BUCHILLON: A little bit. CHAIRMAN KAUFMAN: Okay. We'll start with the roll call and then the approval of the minutes. MS. BUCHILLON: Okay. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Kathleen Elrod? BOARD MEMBER ELROD: Here. MS. BUCHILLON: Mr. Lee Rubenstein? BOARD MEMBER RUBENSTEIN: Here. September 26, 2024 Page 3 MS. BUCHILLON: And Mr. Bart Bhatla? BOARD MEMBER BHATLA: Here. MS. BUCHILLON: Ms. Sue Curley and Mr. John Fuentes, Tarik Ayasun, and Mr. Kevin Johnson are excused. CHAIRMAN KAUFMAN: Correct. Okay. Get a motion to accept the roll call. We don't need it, but what the hell. I'm sure everybody's read the minutes of the past meeting. If there are no objections, can we get a motion to accept the minutes. BOARD MEMBER ELROD: Make a motion. BOARD MEMBER RUBENSTEIN: Motion -- second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Which brings us to the agenda. MS. BUCHILLON: We have some changes. We have four stipulations. First stipulation, No. 1, CEAU20240005276, 3195 GGE, LLC. Number 2, CESD20240005039, 3195 GGE, LLC. Number 3, CESD20230010938, Mayra L. Calvillo. And last stipulation, No. 4, CESD20240003618, Jean Michel Bijou and Marie R. Innocent. And now we have the withdrawns -- Under public hearings motions, A, motions, motion for continuance of imposition of fines, No. 1, CEVR20230008759, Edington Place, LLC, has been withdrawn. September 26, 2024 Page 4 Under D -- oh, I'm sorry. Number -- under motion for extension of compliance deadline, No. 4, CEVR20210010022, Jason Brady and Nicole Brady, has been withdrawn. Under old business, motion for imposition of fines and liens, No. 2, CESD20220008382, Anthony Mattei, Karol Lucila Teresita Mattei, and Lilia Mercedes Machado, has been withdrawn. Number 6, CESD20210008625, A&T Investment Team, LLC, has been withdrawn. Number 7, CEVR20220000759, C&J Wrestling Hauling Corp, has been withdrawn. Number 8 CEPM20200000363, Ozlyn Garden Villas A Condominium, has been withdrawn. Number 9 CESD20210012586, William N. Kogok, Jr., has been withdrawn. Number 11, CELU20220010924, Fash Properties, LLC, has been withdrawn. Number 12, CELU20210003385, Fash Properties, LLC, has been withdrawn. Number 15, CEVR20230008759, Edington Place, has been withdrawn. CHAIRMAN KAUFMAN: Okay. Could we get a motion from the Board to accept the agenda as modified? BOARD MEMBER ELROD: Make a motion to accept the agenda. BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: Motion and second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. September 26, 2024 Page 5 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: And we're going to go ahead and start with the motions. Motion for extension of compliance deadline, No. 2, CESD20230000261, Cosme D. Alvarez and Maria I. Alvarez. CHAIRMAN KAUFMAN: Good morning. MR. ALVAREZ: Good morning. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us, both of you. MR. ALVAREZ: Yes, sir. Edwin Alvarez. CHAIRMAN KAUFMAN: And your name? MS. ALVAREZ: Maria Alvarez. CHAIRMAN KAUFMAN: Okay. You may want to pull it down for you. There you go. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PEREZ: Yes, I do. MR. ALVAREZ: Yes. MS. ALVAREZ: Yes. CHAIRMAN KAUFMAN: So you're requesting an extension? MR. ALVAREZ: Yes, sir; yes, sir. CHAIRMAN KAUFMAN: Can you elaborate a little bit on that? MR. ALVAREZ: Yes. I'm here on behalf of my mother to translate. We made the mistake of hiring a gentleman by the name of Octavia Sarmiento. I don't know if the name rings a bell. But he kind of gave us false promises that he would be taking care of a series of actions including all county visits and these type of hearings, and he hasn't participated in anything, as far as we know. September 26, 2024 Page 6 We have two different projects going on. One with a gazebo and one with a work station. I was under the impression that we were in good stance with you guys because we've had the county come out a series of times over the last year, and everything they've requested we've done. And to my knowledge, we're in good graces for one project. We're asking for the extension on the secondary product [sic], the work station, and that's where we've hit some bumps in the road. CHAIRMAN KAUFMAN: What's the holdup on the second one? MR. ALVAREZ: To my -- again, I'm speaking on behalf of her, so I'm not fully equipped with the whole story. But to my knowledge, there's just been a lack of movement on some of the requests the county has had for the second project. And, again, to my knowledge, we're going to press for the agenda to get the ball rolling. I work a 9 to 5 Monday through Friday, so it's very difficult for me to be a participant in these type of events, and my mother doesn't speak English. So we've been doing our best with the understanding that Octavio would be taking ownership of a lot of this, and it just hasn't happened. CHAIRMAN KAUFMAN: Well, we're familiar with Octavio's fine work. I say that tongue in cheek. Cristine? MS. PEREZ: Good morning. For the record, Cristina Perez, Code Enforcement. I've been in constant contact with Ms. Alvarez throughout the course of the case since I've been working on it a little bit over a year. Unfortunately, because of the delay in the progress of the permits, we ended up at a hearing. One permit, the one for the gazebo, was issued on June 25th, September 26, 2024 Page 7 2024. And from our conversation, she had to go through a loop of processes to obtain paperwork for the county because Mr. Octavio was being nonresponsive. So she did a lot of the legwork, and she managed to have that permit issued to her. They have had a couple inspections approved, August 16th and August 26th. They have 18 inspections that are pending still on that permit, but it is currently active. The shed workshop, that permit was applied for by Mr. Octavio on April 18, 2023, and the county did give them a rejection letter on June 22nd, 2023. And since then, there's been no further action on that permit. Because he's the one that's, you know, created the plans and has submitted that paperwork, he needs to revise the information that the county's requesting in order for that permit to be able to get resubmitted. So until that happens and they're able to make that happen, they can't move forward on that unless they start all over again with a different permitting company. CHAIRMAN KAUFMAN: Octavio still has a -- the ability to pull permits? We've heard his name several times here, and never once have we seen him or -- the customer being satisfied is something that's not in the cards. MR. LETOURNEAU: No. I believe he still has his ability to pull permits. It's not something, I don't think, the Building Department can deny because he's not like a real contractor. CHAIRMAN KAUFMAN: How about Contractor Licensing? MR. LETOURNEAU: I don't think he comes under their purview either. MS. PEREZ: Yeah. He doesn't require a special license to do the work he does, like, as a permit consultant. Unfortunately, it's just a hiring process of his customers. MR. LETOURNEAU: Yeah. We're hoping that word of September 26, 2024 Page 8 mouth gets out enough where, you know, he goes out of business at some point, honestly. CHAIRMAN KAUFMAN: Okay. How much time do you think you're going to need? MR. ALVAREZ: I would like to ask for nine months, if possible, with the intent that within the next three months we can get some movement, and if he's not responsive, we can look for additional assistance elsewhere. CHAIRMAN KAUFMAN: Well, I think this is just kicking the can down the road here. Nine months is a long time for one person to do something. MR. ALVAREZ: I just know from the process, if we're requesting a permit, there's a time basis, from my understanding, about a month for it to either get approved or rejected. So the nine months is giving me some wiggle room so I'm not, you know, pressed for time if something doesn't get approved immediately. CHAIRMAN KAUFMAN: When was this case opened? MS. PEREZ: The case was opened on January 11th, 2023. They -- again, the permits were applied for in April and May of that same year, so within three or four months they did, you know, hire Mr. Octavio and paid whatever needed to be paid to get him moving on it. My inspection of that structure, they completely -- it's a workshop/office space area, but they even gutted it out just so it would be easier for them to go through the process. I mean -- not gutted out. I'm sorry. Emptied it, so it is empty and not being used. CHAIRMAN KAUFMAN: Well, you know, that's a year of trying to get him to do something. Nine months is probably not going to make much of a difference, waiting an additional nine months. Have you been in touch with an attorney on this or -- MR. ALVAREZ: No, that's my -- obviously, we've already spent a good amount of money to hire him. So it's just kind of a September 26, 2024 Page 9 painful direction, but that's my next direction, but I know that's going to come with cost and time. So we're just -- we're just in a tough spot right now. CHAIRMAN KAUFMAN: Okay. Comments from the Board? BOARD MEMBER ELROD: It's not a health-and-safety issue. I don't see a problem with the nine months. CHAIRMAN KAUFMAN: No. There are no -- this thing wasn't adjudicated, so there are no fines accruing? MS. PEREZ: It was adjudicated, but they made the request prior to their compliance date. CHAIRMAN KAUFMAN: Okay. So what's going to happen going forward; will the fines be reinstated at some point? MR. LETOURNEAU: No. They're asking for an extension right now. I do believe they came in before their deadline, correct, Cristina? So if you guys gave them whatever amount of time, the fines wouldn't kick in until the end of that new date. CHAIRMAN KAUFMAN: I think we need to light a fire someplace to get somethings moving, because this doesn't seem to be moving at all. MR. LETOURNEAU: Well, I mean, I would say, you know, it has been a long time, and I do feel sympathy for them due to the Octavio factor. And if they have to get a new architect or engineer, we don't know if they're going to have to redraw the whole thing or what or if they're going to be able to use Octavio's work at this point. So it could take some time. CHAIRMAN KAUFMAN: Okay. Anybody want to take a shot at the time? BOARD MEMBER ELROD: I'll make a motion to extend for nine months. CHAIRMAN KAUFMAN: Okay. Do we have a second? September 26, 2024 Page 10 BOARD MEMBER BHATLA: I'll second it. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Okay. You have nine months. I'll guarantee you if nothing's done in nine months, something will be done by the Board, so... MR. ALVAREZ: I hear you. Now that I'm physically here and I'm hearing all of this come to light, obviously the sense of urgency is within me. I'm losing money right now. I'm supposed to be at work. But I will figure out a schedule to be here on her behalf. Do you have any recommendations, or is there somewhere I can go downstairs to get anybody else to help out with this? I'm willing to pay at this point whatever it takes just to get peace of mind. CHAIRMAN KAUFMAN: Talk to Cristine in the hallway. Maybe she can point you in the right direction. MR. ALVAREZ: Gotcha. Cool. CHAIRMAN KAUFMAN: Okay. Thank you. MR. ALVAREZ: Thank you, guys. Have a wonderful day. MS. ALVAREZ: Thank you. MS. BUCHILLON: I do have a change to the agenda. We have another stipulation. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 5, CESD20240003879, Raimy Blanco Guzman and Roilan Garcia Soto. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Make a -- CHAIRMAN KAUFMAN: Make a -- September 26, 2024 Page 11 BOARD MEMBER ELROD: -- motion to accept the change to the agenda. BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So the first five cases are stipulations? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. Which brings us to? MS. BUCHILLON: We're still under extension of compliance deadline, No. 3, CESD20230003711, Maria Isabel Reyes. MR. DIRIENZO: Good morning. MS. REYES: 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? MS. PEREZ: Yes, I do. MS. REYES: Yes. MR. DIRIENZO: Yes. CHAIRMAN KAUFMAN: Good morning. MR. DIRIENZO: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MS. REYES: "Mi nombre" Maria Reyes. MR. DIRIENZO: Leo Dirienzo. I'm her son. September 26, 2024 Page 12 CHAIRMAN KAUFMAN: You're both going to be testifying? MR. DIRIENZO: Yeah. CHAIRMAN KAUFMAN: Okay. Are you going to be translating? MR. DIRIENZO: I'll be -- I got them over the situation. Unfortunately, we are dealing with the gentleman that was just spoken of, Octavio, as well, and he has a great reputation, I would say. CHAIRMAN KAUFMAN: I can see that. Okay. So this was an addition added to the rear of a home? MR. DIRIENZO: Correct. CHAIRMAN KAUFMAN: And the status of that is permits were pulled? MR. DIRIENZO: No. We tried pulling the permits. The county came back and said some things needed to be rectified. We went back with Mr. Octavio. He's very difficult to get ahold of, and even when you make appointments, he doesn't keep up with the timing. He'll have you waiting there for hours at a time, and then he'll come out and say that he has too much work, and then we have to be patient with him. So we haven't been able to get anywhere with him. CHAIRMAN KAUFMAN: Do you have a plan going forward? MR. DIRIENZO: We wanted to request an extension for nine months as well. And my mother, obviously, went ahead and hired this gentleman not knowing what it entailed. She made the mistake of starting to build that without the permits. And I'm just getting involved now just to help resolve that issue. We're just looking into hiring somebody else at this point. CHAIRMAN KAUFMAN: What's the status of the work that's been done? MR. DIRIENZO: We had to make some corrections to the September 26, 2024 Page 13 permits, and I sent him all the information that he needed. He pretty much wants you to do all the work for him. And to my knowledge, the little that I understand, he has no knowledge of what he's doing because if he did, he'd know how to apply for the permits and submit the correct information for the county. CHAIRMAN KAUFMAN: Okay. But the building itself, somebody put the shovel in the ground and started doing something? MR. DIRIENZO: Yes, sir. CHAIRMAN KAUFMAN: Okay. What's the status of that? MR. DIRIENZO: Like how far? CHAIRMAN KAUFMAN: Right. MR. DIRIENZO: I would say it's, like, 70 percent completed. CHAIRMAN KAUFMAN: So 70 percent without a permit at all? MR. DIRIENZO: That is correct, sir. CHAIRMAN KAUFMAN: Is there electrical and plumbing involved? MR. DIRIENZO: We made the change to get rid of all that. That's part of the changes on there, to get rid of it. CHAIRMAN KAUFMAN: So there's no plumbing, no electrical work being done on the addition? MR. DIRIENZO: Not as of today, no, sir. CHAIRMAN KAUFMAN: Okay. MR. IANDIMARINO: And, Mr. Chairman, we've heard the case already. This is just for the extension. CHAIRMAN KAUFMAN: I understand. MR. IANDIMARINO: Okay. CHAIRMAN KAUFMAN: Okay. Any motions? Any discussion from the Board? BOARD MEMBER RUBENSTEIN: When was this case originally filed? September 26, 2024 Page 14 MS. PEREZ: So the case was originally -- for the record, Cristina Perez, Code Enforcement. The case was originally opened on April 27, 2023. Prior to us, Contractors Licensing did get involved, and they put a stop work order on April 20th, 2023. And the photos to that to date are about the same, so they did stop the work with the exception of cleaning it up and storing the material in there. So there is no use. It's a secured area. CHAIRMAN KAUFMAN: No safety or health on that? MS. PEREZ: No. CHAIRMAN KAUFMAN: Okay. So Contractors Licensing was involved -- MS. PEREZ: Correct. CHAIRMAN KAUFMAN: -- on this particular case? MS. PEREZ: Yeah. But it was like, family, friend, relative, you know, an individual that she knows that helped her with the construction, so there was no contractor involved. CHAIRMAN KAUFMAN: Has, to your knowledge, Contractor Licensing made any movement against this individual who's not fulfilling his obligation on the permit? MS. PEREZ: No, there's no -- there's no case against him. They had the case to go in and see if a licensed contractor had done the work, and it was concluded that it was homeowner/builder responsibility, so it was referred back to Code Enforcement. CHAIRMAN KAUFMAN: Okay. So nine months from now we're going to have a very busy schedule, is that -- BOARD MEMBER ELROD: Yes. MR. DIRIENZO: Thanks to Octavio. CHAIRMAN KAUFMAN: You want to make a motion? BOARD MEMBER ELROD: I'll make a motion to grant the nine months. September 26, 2024 Page 15 CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER BHATLA: I'll second. CHAIRMAN KAUFMAN: And a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Okay. You have nine months. Don't sit back and let it run you. You're going to have to take a proactive -- MR. DIRIENZO: We'll take care of it now. Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next case, we're going to make a little change before I call the attorney, under motion for imposition of fines and liens, because this gentleman's going to translate for him. Number 4, CEVR20220005103, Ana Iris Hernandez and Saul Garcia Torres. MR. TORRES: Good morning. "Mi nombre" Saul Garcia Torres. CHAIRMAN KAUFMAN: You're going to have to swear one in as an interpreter. 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. DIRIENZO: I do. THE COURT REPORTER: Can I get your name again? MR. DIRIENZO: Leo Dirienzo, D-i-r-i-e-n-z-o. 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. September 26, 2024 Page 16 MR. TORRES: I do. CHAIRMAN KAUFMAN: Okay. Now if you could state your name on the microphone. MR. TORRES: Saul Garcia Torres. CHAIRMAN KAUFMAN: Okay. And we know you from the last, but put it on the record. MR. DIRIENZO: Leo Dirienzo. CHAIRMAN KAUFMAN: Okay. This is a -- trees were cleared, removed from the front yard without getting a vegetation removal permit. Adam [sic], any comments on this? MR. MARINOS: No. I'll just read it into the record, if you'd like. CHAIRMAN KAUFMAN: Yes, please. MR. MARINOS: All right. Past orders: On July 31st, 2023, the Code Enforcement Board issued a finding of fact, conclusion of law an order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR6279, Page 3460, for more information. On April 25th, 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 July 19th, 2024. Fines have accrued at a rate of $50 per day for the period from October 30th, 2023, to July 19th, 2024, 264 days, for a total fine amount of $13,200. Previously assessed operational costs of $59.28 and $59.28 have been paid. The operational costs for today's hearing is $59.42, for a total amount of $13,259.42. The gravity of the violation is not health or safety. September 26, 2024 Page 17 Any actions taken by the violator to correct: He acquired Ag Clearing Permit PL20240005371. Any previous violations committed by the respondent: N/A. And no other relevant factors. CHAIRMAN KAUFMAN: Okay. Sir, it took a year to clear the trees or plant them back? MR. DIRIENZO: He didn't plant anything. He hired somebody that helped him. He hired somebody to help him get the permit for the removal. CHAIRMAN KAUFMAN: Okay. So this is done after? MR. TORRES: (Through interpreter) Yes. CHAIRMAN KAUFMAN: So the initial was July 31st, '23, and it was abated July 19th, '24. So it took about a year to resolve that situation? MR. TORRES: (Through interpreter) Approximately a year, yes. CHAIRMAN KAUFMAN: Okay. Any comments from the Board? Any motions? BOARD MEMBER ELROD: I'll make a motion that he pay the 59.42 and the county -- CHAIRMAN KAUFMAN: Okay. He pays the court costs of 59.42. BOARD MEMBER ELROD: And waive the rest. CHAIRMAN KAUFMAN: Okay. And -- okay. We have a motion. Do we have a second? I'll second. All those in favor? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. September 26, 2024 Page 18 CHAIRMAN KAUFMAN: Okay. He has to pay the $59.42, that's the court costs, but the fine of $13,000 has been waived. MR. TORRES: (In English) Thank you. CHAIRMAN KAUFMAN: Okay. Plant some more trees. MR. MARINOS: Thank you. MR. TORRES: (In English) Have a good day. MS. BUCHILLON: We are still under imposition of fines, No. 10, 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. JOHNSON: I do. MS. THIBAUT: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MS. THIBAUT: Amy Thibaut with Roetzel & Andress. MR. JOHNSON: And for the record, John Johnson, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. We're still in the "it hasn't been abated" as yet? MR. JOHNSON: Correct. CHAIRMAN KAUFMAN: Where do we stand on getting this thing resolved? MS. THIBAUT: So we have resubmitted a site plan that meets the request -- the most recent request we'd gotten from staff as far as revisions to the actual site plan. We submitted that back in July. So I have been following up to try to figure out where we are with that review. But once we get this -- and I very much hope that we're close and that we don't have to submit any more information. But once this gets approved, all we need to do is pull a fence permit and put in September 26, 2024 Page 19 the screening, and we're done. CHAIRMAN KAUFMAN: Okay. MS. THIBAUT: So the site is otherwise cleaned up and -- CHAIRMAN KAUFMAN: What happens if the Site Improvement Plan is not granted? MS. THIBAUT: That's a good question. We either -- if it's not approved in this iteration, if they request additional details or revisions to the site plan, we go back to our engineer. They make those revisions. We resubmit. If it's flat-out denied, I believe we would have to clear out the site. I believe that there's a time frame in which you have to wait to reapply. If there's not, then we would simply, again, redo the plans, figure it out, reapply, go back through the whole process. CHAIRMAN KAUFMAN: Now, this is the one on the East Trail? MS. THIBAUT: Yes. CHAIRMAN KAUFMAN: Okay. And it says -- let me just go through a couple little items. MS. THIBAUT: Yeah. CHAIRMAN KAUFMAN: The litter, wooden pallets, cardboard, plastic, building materials, has that been cleaned up, or is that still spread out there? MS. THIBAUT: Those items have been cleaned up. It's the outdoor storage element of it that still exists. Mr. Johnson is familiar with the site as well. But I believe most of that storage is limited to an area behind the building. So at this point we're really waiting for screening -- we're waiting to get the SDPI approval which ultimately approves both that area for use as outdoor storage, and it also approves the screening that is required by the Land Development Code, and that's ultimately what we're waiting on. We just need to put up screening, and we're just -- we're waiting September 26, 2024 Page 20 on the approvals to get that. CHAIRMAN KAUFMAN: As I understand it, this has come before us, different Lowe's stores -- MS. THIBAUT: Yep. CHAIRMAN KAUFMAN: -- but the same situation. When you put the Christmas trees and the mulch and all the rest of that stuff in the parking lot, you eliminate a certain amount of parking spots, and you're required to have so many spots per the square footage in the store. So the store's not getting any bigger. So that's the situation we're at now. Now, you're waiting for the SDP to be done. MS. THIBAUT: Uh-huh. CHAIRMAN KAUFMAN: And have they given you a date on when that will be done? MS. THIBAUT: No, but I will be -- I was talking to Mr. Johnson earlier, and that's one of my main goals for today, given that Collier's open and most of these other local government jurisdictions are not. So hopefully I can get some answers and get some updates. But I will note, with regard to parking, Lowe's stores -- you know, I've mentioned this to y'all before, I work on Lowe's stores outside of Collier County, too. And Lowe's is an interesting commercial end-user. They typically provide way in excess of parking, in excess of the minimum parking spaces required. So we -- it's on our site plan that we have submitted. We still meet minimum parking. I believe we exceed it. But those temporary permits and things that are obtained are typically obtained with the understanding that we still meet minimum parking, so we're not creating traffic issues -- CHAIRMAN KAUFMAN: Okay. MS. THIBAUT: -- parking issues. CHAIRMAN KAUFMAN: Okay. Mr. Johnson, any September 26, 2024 Page 21 comments? MR. JOHNSON: Just a couple. They have installed safety gates in the back of the property, so no vehicles can go back where this outside storage of building materials is happening. So they've certainly done something there for the safety side of it. I actually do have a copy Amy provided to me of the new drawing of the SDP, so they are -- they're well down the road on that. I only have one picture, really, to the sides and the front of the store where there's an issue with the sandbags that are -- you know, should not be stored there, but -- maybe today, maybe that's a good place where they should be, I don't know. But it's in parking -- it's in designated parking. Yeah. So they're moving forward. Not at the speed of light, but they are certainly moving forward. CHAIRMAN KAUFMAN: Okay. So since this has not been abated, we have a choice of two things: Either give you some more time to get this done with or without fining. So I kind of lean towards -- I mean, Lowe's is a very good corporate citizen to Collier County. I'm leaning toward extending some time. How much time do you think you need? MS. THIBAUT: Ideally -- I mean, ideally, we would need one or two months, but I think just given how slow this has been moving in general, I think if we could get four, I think that would be fair. Come back to you guys maybe in, you know, January, beginning of 2025, and hopefully everything will be solved at this time. CHAIRMAN KAUFMAN: I was hoping you weren't going to say nine months. MS. THIBAUT: No. No. I hope we are not dealing with this nine months from now. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: And, Mr. Kaufman, fines are continuing to September 26, 2024 Page 22 accrue. CHAIRMAN KAUFMAN: Right. BOARD MEMBER RUBENSTEIN: I have a question. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER RUBENSTEIN: Do you feel that once you get everything resolved permit-wise and everything, that that's going to stop the resident from Eagle Creek from calling and filing complaints, or are we just wasting a lot of time, and this is going to be an ongoing problem with the resident? MS. THIBAUT: It may or may not be an issue stopping the complaints, but once we get the screening up, there will be no actual violation of the Land Development Code. So there will be -- this particular issue would not be coming back in front of you. BOARD MEMBER RUBENSTEIN: When the screening is up, will that stop her view of the rear of your property? MS. THIBAUT: I would hope so. I can't say for sure, but I believe the screening that's required is eight feet. BOARD MEMBER RUBENSTEIN: So I think that's the source of the problem -- MS. THIBAUT: Right. BOARD MEMBER RUBENSTEIN: -- is that she looks out her lanai, and she sees trucks coming and going, unloading. MS. THIBAUT: Right. BOARD MEMBER RUBENSTEIN: So if you're going to be putting up a screen, I mean, how tall is it going to be? Is it going to block her view? MS. THIBAUT: It's a -- so I would hope it does. I believe the Collier County Land Development Code requires a minimum of 8-foot screening. I could be wrong. Again, I work on multiple stores, so I might be confusing this with Lee County or City of Cape Coral or something like that. September 26, 2024 Page 23 But it's either a minimum of six feet or a minimum of eight feet, so that's taller than me. So I would hope that from the back of her home, that would shield a lot, at least a lot of the storage. I can't speak to the trucks and exactly where they go and those issues, but... MR. JOHNSON: Right. The screening will be vetted by our permitting process, and it will be based on the Land Development Code. Whether she can see through, above it, or around it, we don't know. And obviously, complaints can come whether there's a violation or not, so -- but it's going to be done -- everything's being done the right way. It's just -- it's taking some time. BOARD MEMBER RUBENSTEIN: I'd like to make a motion. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: To give them an extension of time to the four months, and the 59.98 for today should be paid, and -- CHAIRMAN KAUFMAN: Within 30 days? BOARD MEMBER BHATLA: -- give the four-month extension. CHAIRMAN KAUFMAN: 59.98 paid within 30 days? BOARD MEMBER RUBENSTEIN: Yes. CHAIRMAN KAUFMAN: I second your motion. Any comments on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. September 26, 2024 Page 24 MS. BUCHILLON: If I may -- MR. JOHNSON: The fines continue to accrue, correct? MS. BUCHILLON: It would be a continuance. CHAIRMAN KAUFMAN: Yes. MR. JOHNSON: Okay. Okay. MS. THIBAUT: Thank you so much. We appreciate it. CHAIRMAN KAUFMAN: Okay. MS. THIBAUT: Stay safe. CHAIRMAN KAUFMAN: Okay. I need some of those sandbags. MR. JOHNSON: Thank you. CHAIRMAN KAUFMAN: Thanks, John. How is your hip? MR. JOHNSON: I'll tell you later. CHAIRMAN KAUFMAN: We both had our hips done at the same time. He was a little bit better than I was. Okay. Helen. MS. BUCHILLON: Okay. We are still under public hearings. We're going to D, hearings -- I'm sorry. We were in impositions. First stipulation, No. 1, CEAU20240005276, 3195 GGE, LLC. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. OWEN: I do. CHAIRMAN KAUFMAN: Good morning. MR. OWEN: Good morning, sir. CHAIRMAN KAUFMAN: Do you want to state your name on the mic, and we will read the stipulation into the record and go from there. MR. OWEN: Very good. For the record, Brian Owen, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent September 26, 2024 Page 25 shall: Number 1, pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demo permits, inspections, and certificates of completion for the fence and gate within 60 days of this hearing, or a fine of $50 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; 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. You spoke with the respondent yesterday, and he signed this? MR. OWEN: I spoke to him the 23rd, Monday. CHAIRMAN KAUFMAN: Okay. He signed it on the 24th. MR. OWEN: 24th, then -- no, 23rd. It's the 23rd. CHAIRMAN KAUFMAN: Okay. No problems with the time frame? MR. OWEN: Sixty days. He actually has a permit in for the fence and gate already. It's just it took him three-ish months to finally do it, so... CHAIRMAN KAUFMAN: Okay. Any motions from the Board? BOARD MEMBER ELROD: Make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. September 26, 2024 Page 26 BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Brian. MS. BUCHILLON: Next case is also his. CHAIRMAN KAUFMAN: Yeah, I know. MS. BUCHILLON: Next stipulation, No. 2, CESD20240005039, 3195 GGE, LLC. CHAIRMAN KAUFMAN: They wind up swearing in every time. It wears off after one case; is that right, Terri? THE COURT REPORTER: (Shrugs shoulders.) Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. OWEN: I do. CHAIRMAN KAUFMAN: Okay. Brian, do you want to read it into the record for us? MR. OWEN: Again, for the record, Brian Owen, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs of 59.28 incurred in the prosecution of this case within 30 days of this hearing; Abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of September 26, 2024 Page 27 completion for additions to the dwelling and the accessory structure on site within 90 days of the 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; Four, that if the respondent fails to abate the violations, the county may abate the violations 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. Get a motion from the Board. BOARD MEMBER ELROD: Make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Do we have a second? BOARD MEMBER RUBENSTEIN: Bart? BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Okay. Second? BOARD MEMBER BHATLA: Second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER BHATLA: I thought he seconded it. MS. BUCHILLON: Next stipulation, No. 3, CESD20230010938, Mayra L. Calvillo. September 26, 2024 Page 28 THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PITURA: I do. CHAIRMAN KAUFMAN: Okay. Do you want to read this into the record for us, Tom. MR. PITURA: Good morning. For the record, Thomas Pitura, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits, demolition permit, inspections for the exterior and interior remodeling and/or remove said structure or improvements, including materials from the property, within 120 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation to 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. Respondent has no problem with the time frame? MR. PITURA: No, he doesn't. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board. September 26, 2024 Page 29 BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Tom. MR. PITURA: Thank you. MS. BUCHILLON: Next stipulation, No. 4, CESD20240003618, Jean Michel Bijou and Marie R. Innocent. CHAIRMAN KAUFMAN: You look familiar. 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. OWEN: I do. CHAIRMAN KAUFMAN: Okay. Do you want to read this into the record for us, Brian? MR. OWEN: For the record, Brian Owen, Collier County Code Enforcement. Therefore, it is agreed between the parties -- agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; Abate all violations by obtaining all required Collier County building permits, demo permits, inspections, and certificate of September 26, 2024 Page 30 completion/occupancy for all modifications made to the shed after its final building inspection -- inspection but not -- but not to be limited to plumbing, electrical, sewer, and additions within 90 days of the hearing, or a fine of $200 per day will be imposed until the violation is abated; The respondent must notify Code Enforcement within 24 hours of abatement of the violation or 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: Could you do a quickie summary on what this case was. MR. OWEN: So it is a shed, and she went through her final inspection and magically added a porch, an additional room, and included potable water, sewer, and electrical. CHAIRMAN KAUFMAN: So she's in the process of getting those things resolved? MR. OWEN: They are removed. What's going on right now is the inspections have been redone and completed. She is running into an issue with setbacks because where she placed it on her property is not meeting setbacks. CHAIRMAN KAUFMAN: Okay. And this is going to be resolved in? MR. OWEN: Ninety days. CHAIRMAN KAUFMAN: Good luck. Okay. Get a motion from the Board. BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. September 26, 2024 Page 31 BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So what they did was they removed the bathroom and the electrical work that was in there? MR. OWEN: That is correct, sir. She just needs to go through to get the permit finaled, but the issue right now is the setbacks of where the shed is currently. CHAIRMAN KAUFMAN: Okay. All right. Guess who has the next case. MR. OWEN: (Raises hand.) MS. BUCHILLON: He does. CHAIRMAN KAUFMAN: Good guess. MS. BUCHILLON: Our last stipulation, No. 5, CESD20240003879, Raimy Blanco Guzman and Roilan Garcia Soto. Good morning. MR. OWEN: Good morning. CHAIRMAN KAUFMAN: Could you guys state your name on the microphone for us, please. MR. GARCIA: My name is Jean Carlos Garcia. MS. BLANCO: My name is Raimy Blanco. CHAIRMAN KAUFMAN: You may want to pull it down for the height-challenged folks. THE COURT REPORTER: Do you swear or affirm the September 26, 2024 Page 32 testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. OWEN: I do. MR. GARCIA: I do. MS. BLANCO: I do. CHAIRMAN KAUFMAN: Okay. MR. OWEN: You might do different for him because he's going to translate. 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. GARCIA: I do. CHAIRMAN KAUFMAN: Do you want to read it into the record for us? MR. OWEN: For the record, Brian Owen, Collier County Code Enforcement. Therefore, it is agreed between the parties the respondent shall: Pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Abate all violations by obtaining all required Collier County building permits or demo permits, inspections, and certificate of completion/occupancy for the lanai and bathroom within 120 days of this hearing, or a fine of $200 a 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; 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, September 26, 2024 Page 33 and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Could you give us a quickie summary on this one, too. MR. OWEN: Quickie summary, a new expanded aluminum lanai was added to the rear of the property, and they are in the process of installing a secondary bathroom under that same lanai. So they don't have their permit in currently for the lanai, bathroom, and then they're also wishing to add a summer kitchen. That's all in the permit, and they're going through their review process right now. CHAIRMAN KAUFMAN: Okay, great. Do you have anything that you'd like to say? MR. GARCIA: No, thank you. BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. BOARD MEMBER RUBENSTEIN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BLANCO: Thank you. CHAIRMAN KAUFMAN: Good luck. Okay. So we did 1, 2, 3. MS. BUCHILLON: Next case, under old business, B, motion for imposition of fines and liens, No. 5, CESD20220008565, Craig A. Ream and Heather L. Ream. THE COURT REPORTER: Do you swear or affirm the September 26, 2024 Page 34 testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. AMBACH: I do. MR. BREMER: I do. CHAIRMAN KAUFMAN: Good morning. MR. BREMER: Good morning. CHAIRMAN KAUFMAN: Which way would you like to go on this? Do you want to go first? MR. AMBACH: If you don't mind, please. CHAIRMAN KAUFMAN: Not at all. MR. AMBACH: Thank you. For the record, Chris Ambach, Collier County Code Enforcement. Past orders: On June 22nd, 2023, the Code Enforcement Board issued a findings of fact, conclusions of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6271, Page 3884, for more information. On January 25th, 2024, 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 September 26th, 2024. Fines and costs to date are as follows: Fines have accrued at $100 per day for the period from July 24th, 2024, to September 26th, 2024, 65 days, for a total fine amount of $6,500. Fines continue to accrue. Previously assessed operational costs -- I have the incorrect one up here. They have been paid. They were paid yesterday. Total amount due is $6,559.56. CHAIRMAN KAUFMAN: Okay. Sir. MR. BREMER: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the September 26, 2024 Page 35 mic for us. MR. BREMER: My name is Robert Bremer. I'm with Blueline Facilities Services, representing Craig and Heather Ream. CHAIRMAN KAUFMAN: And you have his authorization? MR. BREMER: Yes, sir. CHAIRMAN KAUFMAN: Okay. This began, it looks, on June 22nd, '23, over a year ago. MR. BREMER: Yeah. So the Reams purchased a home in North Naples. Realtor recommended a contractor. Contractor came in and did a bunch of work, never got a permit. After the fact when he was 85 percent done, he came back and said, "You have to pay me $30,000, or I'm going to turn you into the county for not having a permit." They said, "No, we're not going to do that because you'll have us over a barrel forever." State got involved. The previous contractor declared bankruptcy, lost his state license. The Reams fought tooth and nail trying to do this on their own just so they didn't have to have costs involved. They hired me 40 days ago, 45 days ago. I'm trying to go through the permit process and get it all squared away. As of their filing, when they did owner/builder in January, there was five outstanding conditions in order to get the permit. Three of those have been completely met and are done with. The last two are still in review, and hopefully, knock on wood, will be done this next week. CHAIRMAN KAUFMAN: Okay. So if we were to grant you a 30-day continuance, do you think you'll be in compliance in the next month? MR. BREMER: We better be -- BOARD MEMBER BHATLA: Thirty days? September 26, 2024 Page 36 MR. BREMER: -- because I'm tired of doing this. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER BHATLA: What kind of work is involved now? MR. BREMER: They remodeled some of the interior of the home. Moved a -- changed the kitchen wall to make a hallway a little bit wider, more AED -- ADA acceptable for getting things in. They took a toilet from one side of the bathroom and put it on the other side, you know, put in new windows. BOARD MEMBER RUBENSTEIN: Do you think 60 days would take care of it? MR. BREMER: I really, in all honesty, hope by next week, but I would appreciate 60 days just so I don't have to come back here and grovel all over again. BOARD MEMBER RUBENSTEIN: I'd like to make a motion. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: Allow the fines to continue and give an extension for 60 days. CHAIRMAN KAUFMAN: Operational costs of 59.56 to be paid within 30 days? BOARD MEMBER RUBENSTEIN: Yes, yes. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) September 26, 2024 Page 37 CHAIRMAN KAUFMAN: It carries unanimously. Okay. Good luck. MR. AMBACH: Thank you. CHAIRMAN KAUFMAN: Geez, I was a Realtor. I never knew that you could get an extra 30 grand for turning people in. MS. BUCHILLON: Next case, No. 13, CENA20220007701, Titus Enterprises, LLC, and also No. 14, CESD20220007782. CHAIRMAN KAUFMAN: These are impositions? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Could you give me the first case, last four digits of it. MS. BUCHILLON: 7701. CHAIRMAN KAUFMAN: Got it. And the other one's 7782? MS. BUCHILLON: 7782, 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. HOLMES: I do. MR. MICHAEL: I do. CHAIRMAN KAUFMAN: Good morning, sir. MR. MICHAEL: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. MICHAEL: Sasha Michael. CHAIRMAN KAUFMAN: Okay. And you represent Titus? MR. MICHAEL: Yes, sir, Titus Enterprises. CHAIRMAN KAUFMAN: Okay. Okay. Why don't we start out with the first case, 7701. If you want to read that into the record for us. MR. HOLMES: Yes, sir. For the record, Bradley Holmes, Collier County Code Enforcement. September 26, 2024 Page 38 Past orders: On January 25th, 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, OR6336, Page 402, for more information. The violation has not been abated as of September 26th, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from February 25th, 2024, to September 26th, 2024, 215 days, for a total fine amount of $43,000. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing, $59.35. Total amount, $43,059.35. CHAIRMAN KAUFMAN: Okay. Sir. MR. MICHAEL: Yes, sir. Yeah. So just to give a little summary, the clearing permit was approved, and it all goes back to the use code that had to be, I guess, changed at the tax assessment office. I spoke to the gentleman in charge. He said they only do those inspections at the first quarter of the year, generally between January and March. He said he may be able to make an exception to do it sooner. I reapplied, and I also reapplied for another clearing permit. There was some kind of miscommunication with the first one. Even though it was approved, it was only for the fence. CHAIRMAN KAUFMAN: Let me stop you a second. MR. MICHAEL: Yes, sir. CHAIRMAN KAUFMAN: This is -- the first case is -- let me just read it to you -- litter and illegal outside storage but not limited to recreational vehicles, furniture, unlicensed trailers, building materials, and refuse. Are we talking the same case? MR. MICHAEL: Yeah, no. I'm sorry. I'll be more -- yeah, but -- okay, yeah. So the littering, I cleared everything. I even took September 26, 2024 Page 39 down the greenhouse. There's only one greenhouse that remains. It's the USDA conservation greenhouse. And the only reason I was told it's still on -- it hasn't been abated, it's still littering is because I don't have the use code change, something I was learning about, the use code change, and that goes back to that inspection that's only done at the first quarter, to change the use -- CHAIRMAN KAUFMAN: Let me stop and ask: What are we talking about here? Is there litter on the property? MR. HOLMES: So to give you a larger-picture version of this -- CHAIRMAN KAUFMAN: Yeah. MR. HOLMES: -- we have an agriculturally zoned property. CHAIRMAN KAUFMAN: Right. MR. HOLMES: He has purpose and intent to use it for agriculture. He's going through all the approvals necessary to use it as such. He put the cart before the horse, had cleared the property, brought a greenhouse out, brought supplies, among other items that ended up being, essentially, deemed, in part, as litter or garbage on the property, but some stuff is related to agricultural operation. Right now what he's explaining is he's going with -- going through the process of getting his ag bona fide classification, at which point we will be able to deem certain items acceptable for storage on the property, more than likely with relocation. Some items still will remain as refuse. So everything's reliant on him first obtaining his ag bona fide classification. Then he gets his ag clearing permit. As long as all that's approved, then he can continue using the property as he intends to. If things don't get approved, then we start backing up, and he has to start removing, essentially, everything on the property. He's explained to me that, obviously, with what he has there, he'd prefer not to have to remove it and would rather get the September 26, 2024 Page 40 approvals to just leave it there. He's understanding that the fines are accruing until he reaches that goal line, and that's where we're at. CHAIRMAN KAUFMAN: Okay. MR. HOLMES: So I was out there yesterday. I have photos of the property, if you would like to just review exactly what he's describing as removed -- BOARD MEMBER RUBENSTEIN: I'd like to. MR. HOLMES: -- you know, certain items. It has been cleaned up. There's stuff that I would still consider as refuse, but a large majority is probably storage. CHAIRMAN KAUFMAN: Was this turned in by a neighbor or -- MR. HOLMES: It was a complaint. It originated as a singular complaint. An investigator went out there and observed additional violations, and it expanded itself out just because it was supposed to be unimproved, unused property, okay. CHAIRMAN KAUFMAN: Okay. We've heard this case before, but if you want to see the pictures -- BOARD MEMBER RUBENSTEIN: I would. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Do we have to approve them? CHAIRMAN KAUFMAN: Have you seen the pictures before? MR. MICHAEL: I saw the pictures, and I just told Bradley a lot of that stuff is, like, 200 yards and is not visible at all from any public view at all. So he said he would show one of just the public view as well just to give you an understanding that the original complaint abated immediately. And as soon as we had all the meetings, I immediately applied for the permits and did everything I was told. So it's just a matter of waiting, I think. I have no objection. CHAIRMAN KAUFMAN: Okay. This is -- what we try to September 26, 2024 Page 41 find out is if this is true pictures of your property. MR. MICHAEL: Yes, it is, absolutely. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept? BOARD MEMBER ELROD: Motion to accept the photos. BOARD MEMBER RUBENSTEIN: Second. BOARD MEMBER BHATLA: Second. CHAIRMAN KAUFMAN: Motion and second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. HOLMES: Okay. So just as he described, this is, essentially, a street view from Markley. I might have stepped in just a little bit, but this is what you can see looking into the property. MR. MICHAEL: And that clearing was permitted. MR. HOLMES: So this would be -- I would still consider this refuse. This looks like scrap cardboard, a tarpaulin. There's other cardboard type materials around. MR. MICHAEL: There was a greenhouse there I took down, yeah. CHAIRMAN KAUFMAN: The one that's covered? MR. MICHAEL: Yeah. No. Like, the one where he's saying there was refuse, there was a big greenhouse there, and it was all removed. MR. HOLMES: Essentially, this is one of the supporting September 26, 2024 Page 42 members of that original greenhouse. This is the newer one in the back. CHAIRMAN KAUFMAN: How big is this piece of property? MR. HOLMES: Off the top of my head, I don't have acreage. MR. MICHAEL: Five acres, sir. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Could we talk about some of these items, even though they're on the 7782? CHAIRMAN KAUFMAN: Yeah. We're going to vote on them separately, but you can talk about them. BOARD MEMBER RUBENSTEIN: Okay. What's underneath that cover? MR. MICHAEL: Hibiscus flower, nursery product that I purchased from American Farms. So we farm plants, ornamentals. They grow. We sell them to landscapers. It's been a registered nursery for about two years now. And I went through all the hoops with USDA. I thought I was in good standing with Collier County, but after the neighbor made the complaint, you know, we fixed that. But like he said, they added a few additional cases. CHAIRMAN KAUFMAN: Now -- MR. MICHAEL: It's hibiscus. CHAIRMAN KAUFMAN: -- let me ask, to resolve this whole situation, you're waiting for a vote from -- MR. MICHAEL: Not a vote. He just -- he's been to the property. I submitted documents, like, a month ago just to follow up. And he said, yeah, it's no problem. Everything looks legitimate. And it's just we don't do our inspections till January and February, March. So I spoke to him. I said, "Maybe you can make an exception, you know, just to get this settled." And he said, "Yeah, maybe." So we haven't -- I don't have a definitive date from him, but September 26, 2024 Page 43 that's the only holdup, that use code. MR. HOLMES: Here's an e-mail from the gentleman, okay. There's a specific individual, usually a singular individual with the Property Appraiser's Office that does the inspections related to ag bona fide classification. It requires an on-site inspection before approval occurs, and usually they do those beginning in March and then till they finish all of the inspections that are on the list. CHAIRMAN KAUFMAN: Since this is a code case with a substantial amount of fines accruing, is there somebody who can make them an offer they can't refuse to speed up their process? MR. HOLMES: I can certainly speak with them. I'm not sure if they will sway from their standard protocol, if that relates at all, because I imagine that it correlates to how the property is taxed as well. So I'm not sure how that would affect things and if they can bump that up at all, but we can certainly have those conversations. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER BHATLA: Please do speak to them, though. CHAIRMAN KAUFMAN: Jeff, do you have any suggestions for us? MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. March is quite a ways away, but the gentleman has made some progress. So I think that it would be prudent maybe to give the Property Appraiser a chance to get out there and do their job. CHAIRMAN KAUFMAN: My concern is that you have a neighbor with a complaint. I don't know if the neighbors -- can the neighbors see this property? MR. HOLMES: I can tell you there has not been any further contact, to my knowledge, from any complainants or neighbor, so it has quieted down. September 26, 2024 Page 44 MR. MICHAEL: The neighbor is not complaining at all, zero. That was -- because previously I had a trailer there. And like I said, as soon as he made the complaint, that was removed right away, and he's never said. It's -- MR. LETOURNEAU: No, these pictures look a lot better than the original ones, yes. MR. MICHAEL: You can attest to that. It was -- it's been a big cleanup, but we did it. CHAIRMAN KAUFMAN: I'd like to make a motion that we continue this for 180 days. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: That way you have plenty of time. That's six months. MR. HOLMES: Yep. CHAIRMAN KAUFMAN: So that will take you past that date. In the meantime, if you would speak to the powers that be at the appraiser's office, maybe -- maybe you can get them off the dime as well. But we have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. So you have 180 days or six months, whichever comes first. MR. MICHAEL: Okay. Fair enough. Thank you. CHAIRMAN KAUFMAN: Okay. And you get an award for showing up here today with the weather. BOARD MEMBER RUBENSTEIN: Fines continue. September 26, 2024 Page 45 CHAIRMAN KAUFMAN: Fines continue to accrue. BOARD MEMBER ELROD: Fines continue, so the sooner the better. MR. MICHAEL: The fines continue to -- CHAIRMAN KAUFMAN: The fines will continue to accrue until it comes into compliance. At that time, you come back here, and if there's something that we can do to ameliorate those fines, we certainly would take that into consideration. MR. MICHAEL: Okay. Fair enough. Thank you. CHAIRMAN KAUFMAN: Okay. MR. HOLMES: Would you like me to read the second executive summary into record? CHAIRMAN KAUFMAN: Yeah, we're going to vote on the first one, and then we'll read the second one in and vote on that separately. MR. HOLMES: Understood. MS. BUCHILLON: Any ops cost on that case, sir? CHAIRMAN KAUFMAN: Yes. The ops cost on the first case, which is 7701, is 59 -- 59.35, excuse me. So the motion is grant the 180 days' continuance, ops cost of 59.35 to be paid within 30 days. Okay. MS. BUCHILLON: Thank you. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. That takes care of that one. September 26, 2024 Page 46 BOARD MEMBER RUBENSTEIN: Do you understand, sir -- MR. MICHAEL: Yes, sir. BOARD MEMBER RUBENSTEIN: Do you understand that we've given you six months to get this all completed? MR. MICHAEL: Yes, sir. I understand that. BOARD MEMBER RUBENSTEIN: But if you can get it completed before then -- MR. MICHAEL: Absolutely, which is my intention. Like I said, I've done absolutely everything I can at this point. I think he can attest to that. We're just waiting. I even got the new vegetation removal permit, which they wanted one document which I have here, and I'll go to the office right after this to submit it personally. CHAIRMAN KAUFMAN: Okay. MR. MICHAEL: But I've done everything I can. CHAIRMAN KAUFMAN: On case ending in 7782 -- MR. HOLMES: Yes, sir. CHAIRMAN KAUFMAN: -- make a motion that the 59.35 ops costs be paid within 30 days and the 180 days' continuance on this case as well. BOARD MEMBER RUBENSTEIN: That's your motion? CHAIRMAN KAUFMAN: That's my motion. BOARD MEMBER ELROD: Second. BOARD MEMBER RUBENSTEIN: I'll -- BOARD MEMBER BHATLA: The violation has been abated. BOARD MEMBER RUBENSTEIN: And the lady seconds it. CHAIRMAN KAUFMAN: No, the violation has not been dated. BOARD MEMBER BHATLA: Which one is this? CHAIRMAN KAUFMAN: The one ending 82. BOARD MEMBER BHATLA: 82. Violation has -- are we talking the same one? September 26, 2024 Page 47 CHAIRMAN KAUFMAN: Yeah, but this is not this case. MR. LETOURNEAU: Is that 82 up on the Board? CHAIRMAN KAUFMAN: That's a different case. Okay. We're all set. All those in -- BOARD MEMBER RUBENSTEIN: She seconded. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. You're looking at a different case number. BOARD MEMBER ELROD: The sooner the better. (Simultaneous crosstalk.) BOARD MEMBER RUBENSTEIN: Six months. MR. MILLER: If not sooner. BOARD MEMBER BHATLA: 7782. CHAIRMAN KAUFMAN: And this is 7701. BOARD MEMBER BHATLA: 7701, okay. MR. MICHAEL: All set. BOARD MEMBER RUBENSTEIN: Yeah, but the fines, they continue. MR. MICHAEL: Yeah, I understand that. The sooner the better. I'll call Bradley. CHAIRMAN KAUFMAN: Okay. Drive safely. Stay out of the rain. MS. BUCHILLON: We are at our end. All we have to do is make an agenda change. CHAIRMAN KAUFMAN: Sure. September 26, 2024 Page 48 MS. BUCHILLON: Under old business, motion for imposition of fines and liens, No. 1, CESD20210011506, Saint Jean Services, LLC, has been withdrawn. CHAIRMAN KAUFMAN: Got it. MS. BUCHILLON: Number 3, CESD20230007258, Hugo Andres Tartaro and Roxana G. Armanza, has been withdrawn, and those are all the cases. CHAIRMAN KAUFMAN: Get a motion from the Board to modify the agenda. BOARD MEMBER ELROD: Make a motion to modify the agenda. BOARD MEMBER BHATLA: Second. CHAIRMAN KAUFMAN: Seconded. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER BHATLA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Which brings us to -- almost a breaktime. MS. BUCHILLON: We're done. CHAIRMAN KAUFMAN: We're done? MS. BUCHILLON: Yes, we are. CHAIRMAN KAUFMAN: So do you want to have a break and then we can adjourn? Okay. It's been a pleasure today. My apologies to Tarik, because I was on the phone with him, and I told him what to do, but they have a -- they had a tornado warning on the bridge to Marco, so... BOARD MEMBER RUBENSTEIN: Motion to adjourn. MR. IANDIMARINO: Mr. Chairman, if I may, before we September 26, 2024 Page 49 adjourn. CHAIRMAN KAUFMAN: Sure. MR. IANDIMARINO: For the record, Tom Iandimarino, Code Enforcement director. I want to make sure that -- you know, this morning there was a little bit of confusion. Just please be sure that we call each other and follow up. I think 311 may have had a little bit of miscommunication, and we apologize for that. So if there's any other -- any other further communication that you need, please feel free to contact us directly, and we'll make sure we get the right message out. CHAIRMAN KAUFMAN: Well, for the record, I did contact -- I called Jeff at the around 6 o'clock this morning. MR. LETOURNEAU: Not 6, no, no. CHAIRMAN KAUFMAN: Well, I -- no, I called you at 6. MR. LETOURNEAU: Oh, did you? Okay. CHAIRMAN KAUFMAN: I called you at 5:30, actually, 6:00, 6:30. I actually made calls before 311 was even open. MR. IANDIMARINO: Understood, sir. CHAIRMAN KAUFMAN: I mean, I made lots of calls. So the communications was on -- MR. LETOURNEAU: Once you got ahold of me, we got the ball rolling. CHAIRMAN KAUFMAN: Yes. MR. IANDIMARINO: But thank you, sir. I appreciate it. CHAIRMAN KAUFMAN: Okay. I didn't want to break my record of missing a meeting in -- MR. LETOURNEAU: Me either. BOARD MEMBER RUBENSTEIN: Motion to adjourn. CHAIRMAN KAUFMAN: Okay. We are adjourned. ******* ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:21 a.m. CODE ENFORCEMENT BOARD ROBERT KAUFMAN, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER These minutes approved by the Board on( 29; 9/, 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.