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CEB Minutes 11/20/2024November 20, 2024 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida November 20, 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 John Fuentes Sue Curley Kathleen Elrod Lee Rubenstein Tarik N. Ayasun Manmohan "Bart" N. Bhatla Kevin Johnson ALSO PRESENT: Kevin Noell, Attorney to the Board Tom Iandimarino, Code Enforcement Director Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations November 20, 2024 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. Notice: That the respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons who 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 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. Having said that, I'd like everybody to stand for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Helen, are we ready for the roll call? MS. BUCHILLON: Yes, we are. 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. John Fuentes? BOARD MEMBER FUENTES: Here. MS. BUCHILLON: Mr. Lee Rubenstein? November 20, 2024 Page 3 BOARD MEMBER RUBENSTEIN: Here. MS. BUCHILLON: Mr. Taker Ayasun? BOARD MEMBER AYASUN: Here. MS. BUCHILLON: Mr. Bart Bhatla? BOARD MEMBER BHATLA: Here. MS. BUCHILLON: And, Mr. Kevin Johnson? BOARD MEMEBER JOHNSON: Here. CHAIRMAN KAUFMAN: Okay. Which brings us to the approval of the minutes. Do we have any changes? MS. BUCHILLON: To the minutes? CHAIRMAN KAUFMAN: No, the agenda. MS. BUCHILLON: Yes, we do. CHAIRMAN KAUFMAN: Let me take care of the minutes first. Anybody have any problems with the minutes? I know they were sent out. If not -- BOARD MEMBER RUBENSTEIN: So moved. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion to approve the minutes. 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 FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. November 20, 2024 Page 4 Okay. We're up to the agenda. MS. BUCHILLON: Okay. We have one stipulation. Under hearings, No. 2, CESD20230009928, Marco Antonio Vasquez, Olga Resendez Vasquez, and Irma Jovita Gallegos. And now we have some withdrawns. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: We are still under hearings, No. 1, CESD20220005464, Corey Cooper and Beatrice Cooper, has been withdrawn. Number 3, CEAU20240002909, James Taciak, has been withdrawn. Number 5, CESD20230007484, Norbert Ward and Michelle Ward, has been withdrawn. Number 6, CESD20230007402, Jonathan Diaz Rodriguez, Jesus Jacinto Diaz Venitez, and Osmara Rodriguez Rodriguez, has been withdrawn. And those are all the changes for now. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Make a motion to accept the changes. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER RUBENSTEIN: 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 FUENTES: (No verbal response.) BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? November 20, 2024 Page 5 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Where do you want to start, Helen? MS. BUCHILLON: I have an attorney here. CHAIRMAN KAUFMAN: Okay. We'll put him last. No. MS. BUCHILLON: So we can start with the attorney, and then we'll do the extension. Well, he's got the extensions, so... CHAIRMAN KAUFMAN: Okay. The extension is the package that you gave everybody? MS. BUCHILLON: Yes, sir. First extension of time, No. 4, CESD20220010598, HGG Management, LLC. CHAIRMAN KAUFMAN: Okay. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. LETOURNEAU: I do. MR. LOMBARDO: I do. CHAIRMAN KAUFMAN: Okay. I'm looking -- this looks like about 20 pages. So rather than sitting here and reading it all, do you want to give me a quick summary? MR. LOMBARDO: More than happy to. For the record, Zach Lombardo, here on behalf of HGG Management, LLC. When we last spoke, there were pending demolition permits. Those are listed in Paragraph 3, the permit numbers, to bring the property into compliance by way of just removing the unpermitted improvements. Since then, it has been determined that we need to move forward with alteration permits to actually rebuild the interior of those units. And so in Paragraph 4, you'll see the permit numbers for all of the November 20, 2024 Page 6 applied alteration permits. In the exhibits, you'll see the submitted engineering drawings for those interior permits only included just to indicate that part of what's causing the time framing here is waiting on engineers to have the time to finish the drawings. But what has caused the wrinkle here that has not put us where I was hoping we would be today is explained in Paragraph 7. The county has asserted that an older permit, a 2021 permit for a firewall, requires engineering analysis to the structural integrity of the building, and this was in part unexpected because, as you can see from the permit file for that permit, which I've included as Exhibit A -- and I've excerpted on Page 2, all of the inspections for that permit had passed. So the fire inspection was passed, the final building inspection was passed, and yet the county's requesting a structural analysis of the building before they will issue the new permits, and that permit does not show as closed. And we've spoken with the county. We're working through this. And so we're not here arguing that we don't need to structurally analyze the building because at base here what happened is this building, a portion of it, caught on fire, and so we're trying to rehabilitate the building, and then importantly, I think for immediacy standpoint, there are no tenants using the building. So it's -- you know, this is not something where we're having a crisis. We're just having a construction timing issue. CHAIRMAN KAUFMAN: And the amount of extension is -- how much time are you looking for? MR. LOMBARDO: We're looking for 120 days. And just for understanding purposes, it's not as -- it's not 120 days from today, because the actual expiration on this was back in September. So it's 120 days from September. CHAIRMAN KAUFMAN: Okay. Jeff? November 20, 2024 Page 7 MR. LETOURNEAU: No objection. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion on this? BOARD MEMBER CURLEY: I'll make a motion to -- BOARD MEMBER BHATLA: I'll make a motion. BOARD MEMBER CURLEY: I'll make a motion to accept the request for extension of time to 120 days. CHAIRMAN KAUFMAN: From September 18th, 2024? BOARD MEMBER CURLEY: Sure. CHAIRMAN KAUFMAN: Okay. Okay. We have a motion. Do we have a second? BOARD MEMBER ELROD: Second. 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 FUENTES: (No verbal response.) BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Next case is also his, No. 5, CESD20220008942, Salvatore Ionnotta. 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. PACKARD: I do. MR. LOMBARDO: I do. MR. IONNOTTA: I do. November 20, 2024 Page 8 CHAIRMAN KAUFMAN: Okay. MR. LOMBARDO: Good morning, again. For the record, Zach Lombardo. On this particular matter, we're here on behalf of the lender. Mr. Ionnotta is here as the property owner and can confirm the request. As you recall, on this particular one, environmental permitting is required to resolve the issue. Turrell, Hall & Associates was retained to work on this. They attempted initially, based on the amount of impact, to get an exception so they wouldn't need to go through the full permitting process. This was not approved by the agency, and as a result, civil engineering has been required to do a stormwater plan for the entire site. A civil engineer has been hired. BlueShore Engineering has been retained, and they just simply need more time to finish doing all of the engineering work that's required to satisfy the agency's request. And so we're asking on this one for the same extension as last time, which was 180 days to work through it. And I will note on this one that we are not past the compliance deadline on this one. The compliance deadline is in December. We're here preemptively to make sure that we're communicating and sharing what we've got. But at the end of the day, the e-mail I got from the engineer was simply that it's going to take him months to assemble everything and get it to the agencies and work through the review comments. So we're also in engineering land on this one as well. CHAIRMAN KAUFMAN: Okay. Jason. MR. PACKARD: For the record, Jason Packard, Collier County Code Enforcement. The county has no objection. CHAIRMAN KAUFMAN: Anybody want to make a motion on this? November 20, 2024 Page 9 BOARD MEMBER CURLEY: I will make a motion to accept the extension of time. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: That's 180 -- to be specific, 180 days from today, not from December. BOARD MEMBER CURLEY: To May 5th, 2025. MR. LOMBARDO: Yeah. I think we were asking from the deadline itself, but whatever -- we will accept whatever you want to do. We want to be able to come and be communicative about this process. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So on here it says May 5th, 2025. MR. LOMBARDO: And that's what we're asking for. BOARD MEMBER CURLEY: That's what I would like to put. Make a motion to accept the extension of time -- BOARD MEMBER AYASUN: Second. BOARD MEMBER CURLEY: -- until May 5th, from today to May 5th. CHAIRMAN KAUFMAN: Okay. And it's seconded. 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 FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. November 20, 2024 Page 10 Thanks, Jason. MR. PACKARD: Thank you. MR. LOMBARDO: Thank you. MS. BUCHILLON: Next we'll be starting under motions. First motion for continuance of imposition of fines, No. 1, CELU20230006228, Ricardo Munoz and Ricardo C. Munoz, Jr. We actually have an imposition of fines in the case the continuance scheduled [sic] and then an ordered to be amended for this same. CHAIRMAN KAUFMAN: Okay. Let me just read through this. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PITURA: I do. MR. MUNOZ: I do. CHAIRMAN KAUFMAN: Do you want to give us a quick summary on this and what you're looking for? MR. MUNOZ: I did what -- I guess what I was asked to do, remove the deck, the lighting -- what else? -- electrical. And I got everything in submission, but I need time for the -- excuse me -- for the permit. It's in review right now. So I think I need, like, 30, 60 days. CHAIRMAN KAUFMAN: Okay. MR. MUNOZ: If I go on my portal, it might be done in a few days, but... CHAIRMAN KAUFMAN: Unlikely. MR. MUNOZ: Yeah. This time of year. CHAIRMAN KAUFMAN: And the county? MR. PITURA: I was going to read in the imposition. So good morning. For the record, Thomas Pitura. Past orders: On February 22nd, 2024, the Code Enforcement November 20, 2024 Page 11 Board issued a findings of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6336, Page 411, for more information. On August 22nd -- MR. LETOURNEAU: Tom, we're hearing the continuance request right now, not the imposition, I believe, correct? I know they're both on there, but they're asking if we object to a continuance at this point. MR. PITURA: Okay. That's fine. No, I do not object to it. I think that Mr. Munoz has done a lot to come to abate. He just has a few more things. CHAIRMAN KAUFMAN: So you think you can get everything resolved in 60 days? MR. MUNOZ: Yes, I think so. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? BOARD MEMBER CURLEY: Well, then we should give them 90. BOARD MEMBER BHATLA: I give him 90 because of the holidays. BOARD MEMBER FUENTES: You guys are so -- just nice today. CHAIRMAN KAUFMAN: So make a motion. BOARD MEMBER CURLEY: Make a motion to extend for 90 days. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion, and we have a second. MR. NOELL: And that's a continuance for 90 days? BOARD MEMBER CURLEY: Sorry, yeah. November 20, 2024 Page 12 CHAIRMAN KAUFMAN: Yes. 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 FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. MUNOZ: Thank you. CHAIRMAN KAUFMAN: Have a good holiday. MR. NOELL: This gentleman's also before the Board on a prior order that we just needed to amend, and I think, Ms. Buchillon, you can speak to that. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: So we need a motion to amend the agenda. MS. BUCHILLON: Yes, we do. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: We need to amend the order from the August 22nd, 2024, which was continued, and we have February 22nd on here. It's just an address correction -- I mean a hearing date correction. CHAIRMAN KAUFMAN: Okay. Someone want to make a motion to amend the agenda? BOARD MEMBER ELROD: I'll make a motion to amend the agenda. CHAIRMAN KAUFMAN: Okay. We have a motion. BOARD MEMBER AYASUN: Second. November 20, 2024 Page 13 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: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER FUENTES: Aye. MS. BUCHILLON: And also, we need to withdraw the imposition of fine for Mr. Munoz, which will be No. 9, CELU20230006228, Ricardo Munoz and Ricardo C. Munoz, Jr. CHAIRMAN KAUFMAN: Okay. So we're looking for a motion to amend the agenda to remove that imposition of fine. BOARD MEMBER AYASUN: So moved. CHAIRMAN KAUFMAN: Right. BOARD MEMBER CURLEY: 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 FUENTES: (No verbal response.) BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. We're done with that? November 20, 2024 Page 14 MS. BUCHILLON: Yes. With that one, yes. MR. MUNOZ: Thank you. CHAIRMAN KAUFMAN: Okay. Thank you, sir. MR. MUNOZ: Thank you. MR. PITURA: Thank you. MS. BUCHILLON: Next motion for continuance, No. 2, CESD20200003242, Kluckhuhn Family Residential Trust. And he's also scheduled for imposition. CHAIRMAN KAUFMAN: Okay. You may want to bring the microphone down or get a box to stand on. MS. CANADY: Thank you. Thanks so much. I'm speaking on behalf of my father here, Gary. THE COURT REPORTER: Hold on. Hold on. Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. PITURA: I do. MR. KLUCKHUHN: I do. MS. CANADY: I do. MS. KENDALL: I do. MS. CANADY: Thank you. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MS. CANADY: Katrina Canady. CHAIRMAN KAUFMAN: Okay. And the other people there behind you? MS. CANADY: Gary Kluckhuhn. MS. KENDALL: Michaela Kendall. CHAIRMAN KAUFMAN: Okay. MS. CANADY: So this is a little -- has a little complicated timeline. In May 2020, May 5th, there was a problem with some of the work that was being done on my dad's property. The boathouse November 20, 2024 Page 15 was in a shambles, and he was just trying to clean it up, make it safe, and he was also building a trellis for some shade. At that point it was advised he needed a permit, which he did file on May 12th, but he really wasn't ready to redo everything. He was just trying to clean it up. He did remove the posts for the trellis he was putting up at that time. So nothing really happened. He didn't have the resources. It wasn't a priority to fix everything. He had just been cleaning it up and stopped, and he would not have even filed for a permit if he had not been advised to. Well, in 2022, he did hire -- there was a permit filed by Orick. He did decide to go ahead and have the work done after Hurricane Ian, because the whole dock was in his backyard. But before that point, in September -- of September -- July he signed a stipulation to continue the permit from 2020, and arrears started accruing $100 a day for the -- CHAIRMAN KAUFMAN: The stipulation that he signed stated that it was being -- he had till when to get this done? MR. PITURA: The stipulation, he had to get it done by May 24th. He did not -- MS. CANADY: So the problem was, again, he signed it not really understanding, and there was no need for the initial permit anyways. But a couple months later, in September, Ian came. The whole dock was in his backyard. So he hired a contractor, had a contract by December. Which everyone knows how difficult it was to get a contractor, get anything done. The contractor did not pull a permit until March of 2022 for the dock and for the boathouse. All the while, the $100 a day has been ticking away for him. Orick, in their contract, unfortunately, for the boathouse, had written in there that they would make the boathouse a flat roof, which November 20, 2024 Page 16 they were unable to do because of issues with the county. CHAIRMAN KAUFMAN: Let me make this easier for you. MS. CANADY: Sure. CHAIRMAN KAUFMAN: So having said all of that -- MS. CANADY: Yes. CHAIRMAN KAUFMAN: -- I know the money is accruing, and we have another imposition of fines case on that. How much time do you need to get everything resolved? That's what you're asking for is an extension. MS. CANADY: Well, both. We want the imposition of the fines to be -- to address that and -- CHAIRMAN KAUFMAN: We'll hear that after -- if we extend the time, then we'll adjust the other case. MS. CANADY: Okay. So what happened when Orick started the boathouse, it was extended two feet above what it was, from 15 feet to 17 feet. The reason that that was done is, again, because of the hurricane having -- on the pilings, the boats being able to go up further because everything's rising more is why my dad wanted the additional two feet. And we need a variance -- he needs a variance in order to close out what's currently going on the two-feet height. CHAIRMAN KAUFMAN: So if I understand you correctly, you're waiting to get a variance; is that correct? MS. CANADY: We're waiting to get a variance. There's a variance been filed. Michaela's been helping him with the paperwork. That's why she's here. CHAIRMAN KAUFMAN: So we realize that that takes time. MS. CANADY: Yes. CHAIRMAN KAUFMAN: And how much time are you looking for, do you think -- I won't hold you to it -- do you need to get the variance? And then we can go from there. MS. CANADY: You're -- this group here probably knows November 20, 2024 Page 17 better than us how long that's going to take to happen through the process. What are they telling you? MS. KENDALL: I would ask for 120 days. CHAIRMAN KAUFMAN: Okay. I would ask for more than that, to be honest with you. MS. KENDALL: Okay. MR. KLUCKHUHN: Can I interject? In the course of this, my engineer died, my architect died. MR. IANDIMARINO: Sir, if you could, I'll need you to stand up to the microphone and speak. Thank you. MR. KLUCKHUHN: Gary Kluckhuhn. Hi, I'm Gary Kluckhuhn. I'm sorry that we're here. I tried to be -- I've been compliant with everything from the first time that Tom gave me a notice. I got a permit. And my daughter had a traumatic brain injury in November of 2021, and it wasn't a high priority. The dock would just be to eliminate a hazard. And then with my heart failure -- and I've had several surgeries. My blood pressure's running 180 over 110. I think that's the -- they're monitoring me. I can't -- the stress of this is -- CHAIRMAN KAUFMAN: Well, we'll try to take the stress away from you. Let me see if somebody wants to make a motion for an extension of time. MR. KLUCKHUHN: On the time, I, honest to God, I don't know. I can't do the work anymore, and I've -- MS. CANADY: It's okay. So we -- CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER FUENTES: It's a continuance? BOARD MEMBER AYASUN: Yes. BOARD MEMBER FUENTES: I'll make a motion to grant a continuance. November 20, 2024 Page 18 MR. LETOURNEAU: Can we have our time here or -- BOARD MEMBER FUENTES: Oh, absolutely. I apologize. MR. LETOURNEAU: I just want you guys to speak what you need to speak over there, please. MR. PITURA: Renald would like to mention something concerning the variance and the timing of this so that we have a good perspective of what it would take for them to abate the violation. So I'll Renald speak. MR. PAUL: How you doing? For the record, Renald Paul, Growth Management. He's probably going to need somewhere around six months to get that process done, to be honest with you. That would be the best time frame, in my opinion. BOARD MEMBER FUENTES: I was going to give him a year, so that's great. I'm going to make a motion here to grant a continuance. Jeff, are you okay? MR. LETOURNEAU: Yeah. I thought they had more to say than that, so I'm sorry. BOARD MEMBER FUENTES: That's cool. MR. LETOURNEAU: I'm sorry I busted in on you. BOARD MEMBER FUENTES: No worries. I make a motion to grant a continuance of 365 days, however long that gets. CHAIRMAN KAUFMAN: Whatever. BOARD MEMBER CURLEY: Yeah, I'll second that. 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. November 20, 2024 Page 19 BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. That's to begin with. It's good to see you, Renald. We refer lots of people to you. BOARD MEMBER CURLEY: I've never seen you before. MR. PAUL: Yeah, I don't come here very often. CHAIRMAN KAUFMAN: Years ago. Yeah, years ago. I remember. MR. LETOURNEAU: He just got a promotion, by the way, so I don't know if he's going to be handling those cases anymore, so... BOARD MEMBER AYASUN: Congratulations. CHAIRMAN KAUFMAN: Are you the president now? MR. PAUL: Not quite. CHAIRMAN KAUFMAN: Okay. So that's No. 1. Number 2, the amount of money that's been accruing -- MS. CANADY: Exactly. CHAIRMAN KAUFMAN: We are going to remove that at this point. MS. CANADY: Thank you. CHAIRMAN KAUFMAN: Okay? BOARD MEMBER CURLEY: Yes. CHAIRMAN KAUFMAN: We need a motion to do that. BOARD MEMBER AYASUN: So moved. MR. NOELL: And just for clarity for an order, is that going to be during this motion for continuance? We're actually going to treat it somewhat like a motion of an extension, but you're looking, then, if November 20, 2024 Page 20 I understand right, to pause the accrual, so during this 365-day period, the daily fine will not accrue. CHAIRMAN KAUFMAN: That's correct. MR. NOELL: Okay. Thank you. CHAIRMAN KAUFMAN: And at the end, when everything is done, then you come before us. We can modify what has accrued, eliminate it, modify it, whatever needs to be done. You understand? MS. CANADY: Yes. So just to be certain, from here forward it won't accrue, and we will -- the current charges will be discussed at the end when the permit's closed out? CHAIRMAN KAUFMAN: That's correct. MS. CANADY: Okay. Thank you. We appreciate it. CHAIRMAN KAUFMAN: So we need a second on that motion. BOARD MEMBER ELROD: Second. BOARD MEMBER AYASUN: Second. 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 FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So your blood pressure should immediately go down now. You have a year. MR. KLUCKHUHN: They sent me a text to say sit down and take it in five minutes and see if that does any good. November 20, 2024 Page 21 BOARD MEMBER FUENTES: A lot of Cuban coffee. MR. KLUCKHUHN: Thank you, guys. If you've never seen the move Still Mine, it's a great movie. Have you ever seen it? BOARD MEMBER FUENTES: I have not. CHAIRMAN KAUFMAN: You take care. Renald, good seeing you again. Congratulations. MR. KLUCKHUHN: Renald, thank you. BOARD MEMBER AYASUN: I never saw him before. BOARD MEMBER CURLEY: I never knew he existed. I thought it was just a name. BOARD MEMBER FUENTES: Just an entity out there. BOARD MEMBER ELROD: We have to modify the agenda. MS. BUCHILLON: Okay. So we have to modify the agenda and withdraw the imposition of fines for No. 7. CHAIRMAN KAUFMAN: That's correct. MS. BUCHILLON: CESD20200003242, Kluckhuhn Family Residential Trust, has been withdrawn. CHAIRMAN KAUFMAN: Okay. Do we have a motion to that effect? BOARD MEMBER ELROD: I'll make a motion to accept the change in the agenda. 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 FUENTES: Aye. BOARD MEMBER CURLEY: Aye. November 20, 2024 Page 22 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. Next case, we're still under motions. Motion for extension of compliance deadline, No. 3, CESD20 -- 20240002792, Louisette Beauplan. BOARD MEMBER CURLEY: What number, Helen? CHAIRMAN KAUFMAN: It's No. 3 under motion to extension. MS. BUCHILLON: Motion for extension, 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. MIGAL: I do. MS. BEAUPLAN: I do. MR. BEAUPLAN: Yes. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. MS. BEAUPLAN: Louisette Beauplan. MR. BEAUPLAN: Jean Claude Beauplan, husband. CHAIRMAN KAUFMAN: Okay. All right. In a summary fashion, I'll just see if I understand this correctly. There was a three-bedroom dwelling that was being modified into a four-unit multifamily home; is that more or less correct? MR. MIGAL: (Nod head.) CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: This is the one with the church, correct? CHAIRMAN KAUFMAN: I believe it is. BOARD MEMBER FUENTES: This is the one with the church you guys made into, like, 27 different units? MS. BEAUPLAN: Not quite. It's the one -- it's about 7,000 November 20, 2024 Page 23 square footage that has multiple residents. CHAIRMAN KAUFMAN: Okay. You're asking for an extension of time on this, so request. MS. BEAUPLAN: Yes. We have complied with the last motion that was done earlier. We are currently working with the county Zoning and Planning to move on to the next steps. Everything has taken forever. As we all know, contractors -- with everyone and everything, it's taken forever. So right now we are in the process of working with the county Zoning and Planning to expand -- to see what we can do to change the property from its usage. CHAIRMAN KAUFMAN: So do you need a zoning change? MS. BEAUPLAN: I believe I will need a zoning change, but we're waiting -- I did a meeting request online. I'm still waiting on that. So we have not had a meeting yet. But I spoke with someone yesterday. I think it's going to take at least 180 days to have the current tenants move out and then to -- we arrange the property into somewhat commercial to what they're telling me of what I'm requesting. CHAIRMAN KAUFMAN: How many tenants are living there now? MS. BEAUPLAN: Three. CHAIRMAN KAUFMAN: Okay. And the modification has already begun? MS. BEAUPLAN: Yes. CHAIRMAN KAUFMAN: Have they done plumbing and electrical work? MS. BEAUPLAN: The electrical work was deemed that it is safe. We do have letters that it was safe for them to, you know, stay in the property. There's no need for them to move out. Right now the demolition of the room that doesn't have a November 20, 2024 Page 24 window, that's what we need the extension on. We need to break down a couple walls of two rooms. BOARD MEMBER FUENTES: If you don't mind, I want to ask the investigator real quick. Rick, did they submit to you any letter showing that the tenants can remain? MR. MIGAL: Yeah. For the record, Rick Migal, Collier County Code Enforcement, on behalf of Bradley Holmes, whose case this is. So they have submitted an engineer's letter certifying that -- and the county accepted it, and it's in the -- it's in the folder here -- I can show it to you -- that the electricity is safe, and there's no need to vacate the premises while the permits are being worked on. They also got a zoning verification letter to change -- or to establish the property as a family care facility, and that's up on the Board right now. CHAIRMAN KAUFMAN: So it's not -- in order to change zoning, you need a vote by the commissioners -- MR. MIGAL: Right. CHAIRMAN KAUFMAN: -- with a supermajority. I don't know how long that would take to happen. MR. MIGAL: Well, this was within the wheelhouse of what they can do with the property right now. CHAIRMAN KAUFMAN: Right. MR. MIGAL: What they're -- however further they want to take this would require further action. CHAIRMAN KAUFMAN: Okay. But because the electrical is okay doesn't change the fact that it's being occupied in violation of the code; is that correct? In other words, it's a single-family house where you have at least four different families living there -- three or four, which is -- November 20, 2024 Page 25 MR. MIGAL: My understanding of this is that that's why they got the verification letter so that they can justify multiple families. We have other instances in the county where we have houses that are halfway house type situations, and that's, I assume, what they're going towards here. CHAIRMAN KAUFMAN: Okay. Jeff, do you have any comments on this? MR. LETOURNEAU: Just to reiterate, that zoning letter, they are -- they do have the correct zoning for that type of operation right now. So is that what you're actually looking for is the family care facility? MS. BEAUPLAN: (Nods head.) MR. LETOURNEAU: So I don't think they need to rezone for that. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: So that -- is -- the original NOV, was it for permitting, or was it for land use? I'm trying to look that up right now. MR. MIGAL: Yeah, I don't have that. There may be more than one case. There was definitely a permitting case. BOARD MEMBER FUENTES: I do have a question. MR. MIGAL: I'm not sure if there's an LU case still. BOARD MEMBER FUENTES: How many employees do you have currently working there, and how many do you have residing in there? MS. BEAUPLAN: Employees? BOARD MEMBER FUENTES: Yeah. If it's a family care, do you have any employees? MR. BEAUPLAN: No, it's not that yet. It's in the process. It's -- that's what we're thinking of turning it into. We don't have clients or employees. November 20, 2024 Page 26 MR. LETOURNEAU: So I'm looking at the notice of violation on this particular case, and it's all about permitting. There was bedroom conversions, A/C unit installed without a permit, a bunch of other stuff that -- a game room, a permit that needs to be CO'ed. So I don't know why we're talking about the use when the permitting is the issue on this case. BOARD MEMBER CURLEY: I have a question. So were you guys here last month? MR. BEAUPLAN: Yes, we've been here. BOARD MEMBER CURLEY: Was it a month ago? MR. BEAUPLAN: We have been here, I think, two months ago. BOARD MEMBER CURLEY: Okay. Two months ago. So she mentioned in her opening statement that they need an extension -- or they need more time to take down the two walls that are creating an illegal wall. That doesn't take -- that's a demo permit, right, to take those two walls down? Has that demo permit been filed? Is there a demo permit filed by them? MR. LETOURNEAU: It's way more than that. BOARD MEMBER CURLEY: Well, that's what she said. MR. LETOURNEAU: They're talking about six bathrooms. We're talking about a den, four units, an old permit that needs to be CO'ed for two other units. It's a little bit more than taking down two walls. It's a bunch of stuff they need to get done here. BOARD MEMBER FUENTES: I understand. Basically the discussion is about changing the use, which doesn't -- (Simultaneous crosstalk.) MR. LETOURNEAU: It has nothing to do with this case. They need to get this -- they either need to demolish what they've done in there unpermitted, or they need to get permits for what they've done in there. November 20, 2024 Page 27 CHAIRMAN KAUFMAN: Have any permits been applied for? MR. BEAUPLAN: Yes, there was -- there's permits in the system showing the work that's been done. They've been permitted and CO'ed by the county. So it's only one space where there is a game room, which is inside the house under air and everything. So we figure out we're going to just leave this space empty. So, you know, we -- people need place to live. You know, we put people in there, but the county, they want us to remove one of the rooms that have no window. We understand that. In the meantime, we don't really want to keep dealing with the tenant, so we want to change the zoning and doing other thing with the property. CHAIRMAN KAUFMAN: As Mr. Letourneau just said, this case is about permits, not what you're going to do with zoning. It has to do with permits. Have you applied for any permits to modify the bathrooms or whatever else needs to be done? MS. BEAUPLAN: The next step we will do is apply for demolition, because there's only two walls that need to be taken down to bring it back the way it was. MR. LETOURNEAU: How many bathrooms are in that unit? MR. BEAUPLAN: About six. MR. LETOURNEAU: Okay. According to the notices -- and I haven't done the research. I'm just looking at the notice that was served -- it said that it was permitted as a three-bedroom, one-den, three-bathroom dwelling that was converted into four units with a total of 11 bedrooms and six bathrooms. So that seems to me like it's more than two walls that we need to be taking down. MR. BEAUPLAN: Originally, when the house was built in 1988, it has three bedroom -- I mean, three bathroom, four bedroom, and living space. MR. LETOURNEAU: That's what I just said. November 20, 2024 Page 28 MR. BEAUPLAN: And a bunch of other space under air inside the house. It's about 7,000 square feet. It is an unusual home built by a contractor, a general contractor. So when we came in there, it was big, huge place in there, and we paying only bills, paying high tax, high maintenance, and everything. At the end, we just want to make sure it's usable. We use it properly. So we apply for permit at the county. They give us -- they approved the permit where we change -- we add extra -- like, two bathroom, three bedroom. It's in there with the record. So I don't think we go back to this thing. So it's like -- BOARD MEMBER CURLEY: Excuse me. CHAIRMAN KAUFMAN: Sue. BOARD MEMBER CURLEY: So all this stuff that you want to do is wonderful, but unfortunately, we're drawn into it now, and it -- I hate to tell you, but I don't want to go through all of this with you. You should have done this before you moved people in and had an illegal housing community there. And so as much as we are interested in learning about your upcoming future -- BOARD MEMBER FUENTES: Endeavors. BOARD MEMBER CURLEY: -- business, we only care about the situation at hand. We care about the extra bathrooms. And for you to come up and say there's just two walls that need to be taken down and me ask why you just didn't get a permit and take that down, that's not actually true. Excuse me. Let me finish. So this is very painful for us. I don't see where we would give any more extension of time. We gave them 60 days to show something. There's not even a demo permit filed. And to sort of distract us and spin us a different way, that we want to do this, and we have this and that, that's really not -- like, most people that build businesses or start businesses don't need an advisory board of November 20, 2024 Page 29 volunteers to shepherd them through it for the next four years. I really don't want to see this -- CHAIRMAN KAUFMAN: Well, on top of that, what we're here to hear is a request for an extension of time, not to hear the individual things. BOARD MEMBER CURLEY: Right. CHAIRMAN KAUFMAN: So if you think that an extension of time is not proper, make a motion to that effect. BOARD MEMBER CURLEY: Okay. Does anyone else have anything to say? MS. BEAUPLAN: For the demolition, there's people living there. That's why we will need the time, because we have to get the permit to, you know, demolish the walls that -- you know, that -- deemed illegal or un- -- you know, whatever. So we need to apply for the demolition, and there's people living there. And then as tenants -- there's two tenants. We need to give them -- tell, "Hey, here's what we have to do. We have to take out those two walls." But, again, is it safe to demolish those two walls while they're living there or to wait till their lease is up or to say you have to get out? BOARD MEMBER FUENTES: I think that's kind of what she's been trying to depict to you here is that the actions you took before getting permitted have put you in position where the things that you're doing are technically illegal activity, let's say. You're complaining about something about the tenant having to be relocated when they should not have been there to begin with. You should have left the property as-is, and you could have rented it as a single residential family home. What you've done is you've done numerous illegal conversions, and now you're complaining about the fact that, hey, I can't relocate them. It's going to take some time. November 20, 2024 Page 30 Those are not the factors here. The fact is you did an illegal conversion. You didn't pull the permits. You did not do the due process that's required to enable you to do these things, and now that you are here and you have a violation, you're requesting an extension of time. They're most likely not going to grant it at this point, from her demeanor. And that's the problem is that you're seeing things from one lens. "I have people here." Yes, you've put them there. You should not have put them there. BOARD MEMBER CURLEY: And you're concerned about their safety now? MR. LETOURNEAU: I want to say something here. Going back before this case was opened, I do see that they do have a permit for two -- yeah, two additional bathrooms -- MR. BEAUPLAN: Yes. MR. LETOURNEAU: -- on top of the three originals. So there's six bathrooms in there. Can you account for the sixth bathroom? And I'm not sure why the notice of violation stated the bathrooms were in violation because this permit was actually pulled before the case was open, so... BOARD MEMBER CURLEY: Well, we heard this whole case, and it was very lengthy, and I remember it very well. It included the history of the property from the day it was built until the situation that's occurring now. This isn't -- it's almost like minutiae now how many bathrooms there are. CHAIRMAN KAUFMAN: Again, we're back to should an extension be agreed to and then how long of an extension or to deny the request for an extension of time. That's the case before us. BOARD MEMBER CURLEY: I'll make a motion to deny their request for extension of time. November 20, 2024 Page 31 CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: So three opposed; is that correct? BOARD MEMBER FUENTES: The only reason I'm opposing is I want to hear what Jeff Letourneau has to say before we make a decision. BOARD MEMBER AYASUN: Correct. MR. LETOURNEAU: What I have to say is -- for the record, Jeff Letourneau, Collier County Code Enforcement. This case was only opened in March of this year, so it's only been a half a year. I just think that we're moving too quickly to impose the fines in this when -- and I did make a mistake. It looks like two of the bathrooms have been permitted. One looks like it isn't permitted. So there is more than the two walls, but there's less than I was stating originally. So I feel that since this case isn't that long, I believe that you guys should cut them some slack, in my opinion. BOARD MEMBER FUENTES: I guess what Jeff is saying, due to his mistake, we can cut some slack. MR. LETOURNEAU: Well that, and the case is only six months old, and we've moved a lot slower on cases that were years November 20, 2024 Page 32 older. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Yeah, but this is a lot. BOARD MEMBER FUENTES: I do feel like 120 days would be too long, though. MR. LETOURNEAU: I can't argue with any amount of days. I just think that if we impose now, it would not be in line with a lot of the cases that we move through this board. BOARD MEMBER FUENTES: Understood. BOARD MEMBER CURLEY: So -- okay. CHAIRMAN KAUFMAN: Do you want to -- BOARD MEMBER CURLEY: Thank you, Jeff. Now, the motion's still open, right? CHAIRMAN KAUFMAN: Unless you pull it. BOARD MEMBER CURLEY: So if we give them 60 days or 90 days -- they want to turn this into an assisted living or whatever. This is going to take years. MR. LETOURNEAU: I think you need to make it clear to them if you did give them some time, that they would have to take care of these permitting issues ASAP and worry about any kind of land-use, you know, problems down the road and at least get this case closed out and then worry about stuff. BOARD MEMBER FUENTES: Yeah. I think I want frequent updates where they come back perhaps every 60 days showing permit history and completions or some type of process with them where we can kind of decide per -- you know, per hearing. BOARD MEMBER CURLEY: So we can baby-sit them. BOARD MEMBER FUENTES: Well, I mean -- CHAIRMAN KAUFMAN: That's what it comes down to. BOARD MEMBER CURLEY: Well -- but nothing's been done for the last 60 days, right? November 20, 2024 Page 33 BOARD MEMBER FUENTES: Well, no, not nothing. I mean, Jeff did say, you know, they did pull some permits and things of that sort. MR. LETOURNEAU: No, no. I'm just saying that the notice of violation stated that there was six unpermitted bathrooms. I did a brief research, and I found that two of those bathrooms, along with a couple of the rooms, had been permitted in contradiction of the notice of violation. So there is some question about what's permitted and what's not. But it's a lot more permitted than what was originally noticed on the violation. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. BOARD MEMBER RUBENSTEIN: I'm sort of remembering this case from back -- way back then. Didn't we have some issues with fire and occupancy, the amount of residents that they wanted to put in that amount of square footage? BOARD MEMBER FUENTES: There was a window that -- well, there isn't a window in one of the rooms, which prohibits or prevents someone from escaping in the event of a fire. BOARD MEMBER RUBENSTEIN: No. But there was the amount of people within the amount of square footage. MR. LETOURNEAU: Well, I think that they've testified that they're down to three residents right now. Is that what you said? MS. BEAUPLAN: Yes. We have a certified letter from a contractor saying it is deemed safe. MR. LETOURNEAU: And you've got 7,000 square feet. So they're not in any danger of being over the limit of people in that -- on that property right now. CHAIRMAN KAUFMAN: Well, you need to know how many people are the three residents. Is it one person per resident, or is it a November 20, 2024 Page 34 family? MR. LETOURNEAU: How many people -- how many actual people are living there? MR. BEAUPLAN: There is a two, a two-person, there is a three. There is two, three, five -- and eight, eight people. MR. LETOURNEAU: So I thought you said three people were living there earlier. BOARD MEMBER CURLEY: Three families. MR. LETOURNEAU: Three families. MR. BEAUPLAN: One is two person. One family is two. MR. LETOURNEAU: Okay. MR. BEAUPLAN: And another is three. The other one is four [sic]. MR. LETOURNEAU: I mean, that's still way less than the square footage allows, if that's what you're concerned on. But then Mr. Fuentes did mention a room with no window or egress to get out in case there's a fire. Are there people living in that particular room? MS. BEAUPLAN: That's the room we need the demolition permit for. MR. LETOURNEAU: Okay. All right. BOARD MEMBER CURLEY: So we're hearing all of this information over again, so now we're even more familiar with it. But we don't have any action, and we don't have a permit to demo the wall and the extra bathroom done by her. She is not interested in doing that. She's going to go and try and do -- re-permit and rezone and do all these other things. That's their plan. So their plan is to leave the violation stagnant and then painfully pull this board through all of these attempts and permits and all of that, and that's just, like, too much. MR. BEAUPLAN: The last time we were here, there was Step November 20, 2024 Page 35 1 in this case where they ask -- yid ask us to make sure -- find an engineer -- an engineer to make sure -- BOARD MEMBER FUENTES: We did ask you that. I remember. MR. BEAUPLAN: That was Step No. 1. MS. BEAUPLAN: That's done. MR. BEAUPLAN: They say, well, we'll come back for Step No. 2 so we can have more time to do what we're supposed to be doing, and that's what we working on right now. We don't -- going back to -- because we are in compli- -- we want to be in compliance. So it's like -- now, we have -- the people in there, they're there until March, until March. We'll be able to give them notice, say, "You're not going to be there no more," so we can do the work that we need to do according to the county, whatever we have to wait, and be in compliance. BOARD MEMBER FUENTES: We did tell you -- MR. BEAUPLAN: In the meantime, we're working on that rezoning, you know, change the zoning to something else. BOARD MEMBER FUENTES: Guys, we did tell them that. That's all I'm going to say. We did tell them that. BOARD MEMBER ELROD: We did. BOARD MEMBER BHATLA: It seems like I think we are getting into the weeds. We are only interested in -- BOARD MEMBER FUENTES: The permits. BOARD MEMBER BHATLA: -- the compliance of the code. BOARD MEMBER CURLEY: Right. BOARD MEMBER FUENTES: Well, to ensure -- BOARD MEMBER BHATLA: What does the county want? What do they want? And it's only for the code compliance. BOARD MEMBER FUENTES: So let's do this: Why don't we give them 60 days to start pulling the permits. That way she November 20, 2024 Page 36 knows that they're not doing what she's afraid of. If in 60 days you guys were to come back and no permits are pulled and nothing is shown and no progress is made, then we would just impose the violations at that point. BOARD MEMBER BHATLA: Yep. BOARD MEMBER FUENTES: And then you can quote what we said here today again. BOARD MEMBER CURLEY: Well, that's what I wanted to do today because, as she said, it's only two walls. Well, then put the permit in for demolition, take the two walls down, and we can all move on. BOARD MEMBER FUENTES: But... MS. BEAUPLAN: It's not as easy to pull out -- you know, to find someone to do all the work for you, you know. You call someone today or next week and then next month. It's such a back-and-forth, you know, getting someone to do any kind of type of work. But can we -- the last time we were here, what was the Step 2 after we were done with Step 1? CHAIRMAN KAUFMAN: We're not here to hear the case. We're here to hear the request for an extension of time. BOARD MEMBER CURLEY: Right. CHAIRMAN KAUFMAN: Okay. Now, when you -- BOARD MEMBER CURLEY: So do you want me to withdraw my case -- my -- CHAIRMAN KAUFMAN: You do that, and then I have a suggestion. BOARD MEMBER CURLEY: Well -- even though it passed? BOARD MEMBER FUENTES: Oh, it passed. BOARD MEMBER CURLEY: Yes. CHAIRMAN KAUFMAN: I didn't vote, so it didn't pass. It was 3-3 when we came to me. November 20, 2024 Page 37 So I would -- I would vote against it at this point, and then the motion fails. Okay. So that's to begin with. If you were given -- Sue, if you did a motion for 60 days, and what John is saying is that in 60 days -- not that the work is done. If you come back here, you can say, "Listen, we applied for the permit. Here's the request for the permit," then that would aleve some of your concerns about it being dragged on. BOARD MEMBER CURLEY: We gave them 60 days, and they came back with one letter and no permits for demolition. CHAIRMAN KAUFMAN: I have no problem granting them another 60 days to make sure they come back with a permit or a request for a permit. BOARD MEMBER FUENTES: I also think we should consider Jeff Letourneau's perspective on time frame. BOARD MEMBER CURLEY: Well, someone else can make another motion. I will withdraw mine. BOARD MEMBER FUENTES: Okay. So I'll make a motion. But, again, if in 60 days you guys come back and there is -- if there's just a permit being pulled, there has to be some type of inspections being done because it doesn't take 60 days just to apply for a permit. You need to do certain things after that. If nothing's done by then, then yeah, I would just agree with Sue at that point. But I'll -- BOARD MEMBER CURLEY: Wait. The permit for demolition of the wall and the extra bathroom? BOARD MEMBER FUENTES: Everything, everything. We need to see permits, okay? CHAIRMAN KAUFMAN: Or at least requests for permits. BOARD MEMBER AYASUN: Requests for permits. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: Is that a motion now? BOARD MEMBER FUENTES: The motion is -- November 20, 2024 Page 38 BOARD MEMBER BHATLA: What is the recommendation from the county? BOARD MEMBER FUENTES: This is me just giving feedback, and then the -- I'll make a motion to do continuance -- CHAIRMAN KAUFMAN: Yes. BOARD MEMBER FUENTES: -- of 60 days. MS. BUCHILLON: Extension. BOARD MEMBER FUENTES: Extension of 60 days, and then you guys can come back. MR. BEAUPLAN: What about the people that's in there? Can we -- why we are asking for a little bit more time is because we want to make sure these people is out while we're doing some work. BOARD MEMBER FUENTES: I cannot -- the people cannot be the governing factor with the fact that you're in violation of the permits that you guys don't have when you initiated this process. You are in violation. MR. BEAUPLAN: We understand that. BOARD MEMBER FUENTES: Okay. MR. BEAUPLAN: We understand that, but there are people. We have to treat them as people. So since we have contract with them, they will -- you know, to a certain time, which is in March, their contract -- their lease contract will be expired. They have little kids that's going to school and everything. So before we doing work, you know, on the permits -- BOARD MEMBER FUENTES: You have the ability as a landlord to terminate leases at will if need be for the most part. But that's going to be the most that I'm going to be able to give you guys here. Sixty days is what you're going to have to start showing some permits, and then when you come back and you can show us, then we can talk about giving another extension. But we're not going to go past 60 days. There's -- nobody here is going to agree to that. November 20, 2024 Page 39 BOARD MEMBER CURLEY: No, and I don't want to go through the painful process of a three-year renovation of this into some sort of home. It's not what we're here for. This is a waste of our board's time. CHAIRMAN KAUFMAN: Okay. I second your motion. BOARD MEMBER FUENTES: You would, yeah. It's a good motion. CHAIRMAN KAUFMAN: And you're modest in your appreciation. BOARD MEMBER RUBENSTEIN: Mr. Chair? Mr. Chair? CHAIRMAN KAUFMAN: We have a motion. Yes, Lee. BOARD MEMBER RUBENSTEIN: We're under discussion on this, right? CHAIRMAN KAUFMAN: Yes. BOARD MEMBER RUBENSTEIN: If I recall from back in March, you -- I think you made a statement that you felt that the commissioners were certainly not going to support what they're looking to do. CHAIRMAN KAUFMAN: If that -- that had to do with a zoning change. BOARD MEMBER AYASUN: Yeah. CHAIRMAN KAUFMAN: That was a different scenario. BOARD MEMBER RUBENSTEIN: And question for you: The people that are living in this house, are they medically there on rehab, or are they just tenants and you're the landlord? MR. BEAUPLAN: Yes, regular tenants. BOARD MEMBER RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: Okay. So -- BOARD MEMBER AYASUN: Motion and a second. CHAIRMAN KAUFMAN: We have a motion and a second. November 20, 2024 Page 40 All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: So one nay -- two nays. BOARD MEMBER CURLEY: Two nays. CHAIRMAN KAUFMAN: Okay. The motion passes. So in 60 days, you should have -- you come back here and let us see what you've applied for. Did you apply for the permits or not? And at that point, we can listen to additional information that you may provide us. MS. BEAUPLAN: Okay. MR. BEAUPLAN: Thanks. BOARD MEMBER CURLEY: Could the county just please work with them on the violations at hand and keep the other stuff out of the conversation? CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Thank you. MR. BEAUPLAN: All right. Thank you. CHAIRMAN KAUFMAN: Thank you. Jeff left. MS. BUCHILLON: Next, under hearings. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: We're going to do a stipulation, No. 2, CESD20230009928, Marco Antonio Vasquez, Olga Resendez Vasquez, and Irma Jovita Gallegos. November 20, 2024 Page 41 CHAIRMAN KAUFMAN: This is No. 2 under hearings. MS. BUCHILLON: Yes. BOARD MEMBER RUBENSTEIN: I thought that was withdrawn. CHAIRMAN KAUFMAN: Not 2. BOARD MEMBER RUBENSTEIN: Helen, did you not say that one was withdrawn earlier? MS. BUCHILLON: No. It's No. 1 that's withdrawn on hearings. This one's a stipulation. CHAIRMAN KAUFMAN: Next meeting we're going to have these in color so you understand which ones are which. THE COURT REPORTER: I'm going to swear you in as an interpreter. Do you swear or affirm you will translate everything from English into Spanish and Spanish into English to the best of your ability? MS. GOUDE: Yes. THE COURT REPORTER: Okay. Now translate this. Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. RODRIGUEZ: I do. MR. MARCO VASQUEZ: Yes. MR. ORLANDO VASQUEZ: Yes. MS. GOUDE: Yes. CHAIRMAN KAUFMAN: Is one person an interpreter? THE COURT REPORTER: Yes. CHAIRMAN KAUFMAN: And she's been sworn as such? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: Okay. Could you give us your names, please. MR. MARCO VASQUEZ: Marco Antonio Vasquez. MS. GOUDE: Sulema Goude (phonetic). November 20, 2024 Page 42 MR. ORLANDO VASQUEZ: Orlando Vasquez. CHAIRMAN KAUFMAN: Okay. So this is a stipulation. Would you like to read this into the record for us? MS. RODRIGUEZ: I do. And before I start, there are three owners on this piece of property. Yesterday I met with one of them, and she signed the notice. We went over it, and she agreed. Today he signed because he was in dialysis yesterday and he wasn't able to do it. So two different days, but they're all in -- the signatures are there. CHAIRMAN KAUFMAN: There's two. MS. RODRIGUEZ: The third person is deceased, so no signature there. CHAIRMAN KAUFMAN: They can't sign. MS. RODRIGUEZ: Therefore, it is agreed between the parties that the respondent shall pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing. Abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and completion/occupancy to either keep or remove the rear addition and convert carport within 120 days of this hearing, or a fine of $200 per day will be imposed until violation is abated. Shut off all unpermitted electrical power source to the unpermitted constructed additions, and it is to remain off until such is validated to be safe with a licensed electrician report of inspection or a valid building or demolition permit and related inspections within seven days of this hearing, or a fine of $200 per day will be imposed until the violation is abated. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. If the violation is abated 24 hours November 20, 2024 Page 43 prior to a Saturday, Sunday, or legal holiday, then the notification must be made on the next day that is not a Saturday or a Sunday. That if the respondent fails to abate the violation, the county may abate the violation using any methods to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provision of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Now, do you understand everything? MR. MARCO VASQUEZ: Yes. CHAIRMAN KAUFMAN: So you have 30 days to pay the court costs, 120 days to get everything done, and if it's not done in 120 days, there will be a $200-a-day fine after that. Okay. How close are you to getting this all done? MR. IANDIMARINO: Ma'am, he'll need to speak into the microphone. Even if he's speaking Spanish, tell him to speak into the microphone. Then you can translate, please. MS. GOUDE: He's asking how much time will he be granted. CHAIRMAN KAUFMAN: It's 120 days. MR. MARCO VASQUEZ: (In English) Okay. CHAIRMAN KAUFMAN: Okay. So a lot of this work has already been done. MS. GOUDE: He's going to start. He's been in and out of the hospital with surgeries with his heart complications, but he's -- he does whatever it is that he can there, but he's taken off the green part of the carport that he's asked to take off, and he just needs to, I guess, take the pipes off -- to remove the pipes. MS. BUCHILLON: Can you speak into the microphone, please? MS. GOUDE: Sorry. BOARD MEMBER CURLEY: So the original violation, am I November 20, 2024 Page 44 reading this right, was December 8th, 2023? MS. RODRIGUEZ: It is. BOARD MEMBER CURLEY: Is that why we're here -- MS. RODRIGUEZ: Yes. BOARD MEMBER CURLEY: -- because it's been 11 months and nothing -- MS. RODRIGUEZ: He did pull a demo permit and remove the carport, and it's back to its original state. The demo permit isn't finaled yet, so -- and the addition in the back, they just picked up the plans. So she came in yesterday to apply for a permit for the addition -- unpermitted addition, so that's why we're here. CHAIRMAN KAUFMAN: The reason I asked the question is I don't want to be back here, you know, assessing fines because he couldn't be done in a timely fashion. That's why I asked if the 120 days was sufficient to get everything done. If it's not done, come back ahead of time -- should we grant this stipulation, come back ahead of time and let us know what progress you have made to getting it all done, okay? MS. RODRIGUEZ: Can you also read into the record the No. 3 part with the shutting off the electrical? You left it out. BOARD MEMBER CURLEY: So let's, like, state the obvious. If they've done the demo of the things that they don't want anymore, but the other half of the violation is the unpermitted structure. Is it a separate structure? MS. RODRIGUEZ: Yes. BOARD MEMBER CURLEY: And so you think -- we think in four months they'll be able to get their permit -- MS. RODRIGUEZ: The plans are done. BOARD MEMBER CURLEY: -- and get the plans and get that close to being approved, assuming it's even at the right foundation level? Yeah. November 20, 2024 Page 45 MS. RODRIGUEZ: Survey's done. Most of it is done. When he did meet with the engineer, he did tell him what he needed to fix when he got the permit, so I think he's been working on it. CHAIRMAN KAUFMAN: Okay. Good. BOARD MEMBER CURLEY: That's good news. Thank you. CHAIRMAN KAUFMAN: Okay. We have -- BOARD MEMBER ELROD: I'll make a motion to grant the stipulation as written. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (No verbal response.) BOARD MEMBER CURLEY: Aye. MS. RODRIGUEZ: Before you -- you didn't read into the -- the No. 3 with the shutting off the electrical part, you didn't read into the -- MS. BUCHILLON: Right. MR. NOELL: That's okay. It's part of the record. In accepting the stipulation, that becomes part of the record. So reading -- CHAIRMAN KAUFMAN: As written. MR. NOELL: Yeah, so it's okay. BOARD MEMBER CURLEY: But they know it? MS. RODRIGUEZ: They know it. CHAIRMAN KAUFMAN: Yes. Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. November 20, 2024 Page 46 BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: (Absent for vote.) BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: It passes. Good luck. MR. MARCO VASQUEZ: Thank you. BOARD MEMBER AYASUN: Okay. Where are we? MS. BUCHILLON: Next case, we're still under hearings, No. 4, CELU20230004261, Alexander G. Canto. 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. COOPER: I do. MR. CANTO: I do. CHAIRMAN KAUFMAN: Okay. This is the two shipping containers stored on the property? MR. COOPER: Yes, sir. CHAIRMAN KAUFMAN: Your case. STPHAO: Okay. Good morning. For the record, Craig Cooper, Collier County Code Enforcement. This is in reference to Case No. CELU20230004261 dealing with the violations -- violations of the Collier County Land Development Code 04-41, as amended, Section 1.04.01.A, Section 10.02.06(B)(1)(e), Section 10.02.06(B)(1)(a), and Section 10.02.06(B)(1)(e)(i), two shipping containers added to the property prior to obtaining a Collier County building permit located at 2960 8th Street Northwest, Naples, Florida, 34120; Folio 37640960007. Service was given on May 12th, 2023, by posting of the November 20, 2024 Page 47 property. This case was initiated as a complaint pertaining to two shipping containers placed on the property prior to obtaining a Collier County building permit. Initial contact was made by Investigator John Delia on May 12th, 2023, with the property owner, Alex Canto. Initial research concluded the two containers did not have issued permits, and they are not visible on the 2023 aerial and appeared in the 2024 aerial map. The building official determined permits were required to keep the storage containers on the Estates-zoned property. I began working on this case in November of 2023. Access to the property has not been granted to me at this time. I reviewed the Property Appraiser's aerial photos to familiar [sic] myself with the property and the locations of the containers as well as observing property from my legal vantage point. Mr. Canto applied for storage container permits on May 26th of 2023, Permit No. PRCP20230522487 and Permit No. PRCP20230522489. Both were issued on September 6th of 2023. The initial inspection was on February 26th of 2024 for the erosion silt fence. Three additional inspections were approved on March 6th of 2024, the tie-down site drainage and the final building. The remaining inspection -- and the remaining inspection pending is for the removal of the exotic vegetation. As of today, that inspection remains incomplete and both permits expired on September 2nd of 2024. I'd like to present case evidence in the following exhibits: Property Appraiser website aerial photos from the years 2019, the year the owner purchased the property, as well as aerials from 2022, 2023, 2024, the year the containers appeared on the property. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. COOPER: Yes, sir. November 20, 2024 Page 48 CHAIRMAN KAUFMAN: Do you have any objection? MR. CANTO: No. CHAIRMAN KAUFMAN: Okay. Get a motion 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 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 FUENTES: (No verbal response.) BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. COOPER: Also, two photographs of containers taken by Investigator John Delia. These photos are stored on a shared drive to which I have access, and one photograph of the containers I took on November 18th of 2024 from a legal vantage point. CHAIRMAN KAUFMAN: I have one question before you get into the photos. The vegetation removal was the last thing that needed to be done on the -- on this -- on the permits? MR. COOPER: Yes, sir. CHAIRMAN KAUFMAN: What size property is this? MR. COOPER: Two and a half acres. MR. CANTO: Correct, yes. MR. LETOURNEAU: Exotic removal. November 20, 2024 Page 49 MR. COOPER: Exotic removal, yes. CHAIRMAN KAUFMAN: Two and a half acres. Okay. MR. COOPER: All right. This is the aerial from 2022, aerial from 2023, aerial from 2024 where you can see containers are now in place. BOARD MEMBER FUENTES: But, again, you said the containers have been removed? MR. COOPER: No, the containers are there. BOARD MEMBER FUENTES: Oh. MR. COOPER: And I'll have pictures to show on that. BOARD MEMBER FUENTES: I believe you. MR. COOPER: There's a picture that Investigator Delia took in May of '23 showing one of the containers; also, Investigator Delia, on the same day, May 11th, 2023; and the picture that I took on Monday the 18th of this year. CHAIRMAN KAUFMAN: Okay. I mean, there's no question that the containers are there. The question is of the exotics that have not been removed; is that correct? MR. COOPER: That's where we stand today. CHAIRMAN KAUFMAN: Okay. Okay. You're done? MR. COOPER: That's it. CHAIRMAN KAUFMAN: Okay. Sir? MR. CANTO: If you look at the pictures, as the evidence provided by him, you could see that I've been doing a lot of work. If you can look at when I purchased it and from today's date -- or, you know, the soonest one, the most latest one, you can see that I've cleared quite a bit, and you can see the progress throughout. So this is all by hand. I've done it all by myself. I don't have anyone else helping me out. I'm the homeowner. I'm also a contractor, so I've had to lose a lot of work, turn down work to comply and not request an extension November 20, 2024 Page 50 or anything. So as soon as they told me -- they served me, I jumped on it, and I did everything I can. And right now I feel like this is out of my league; that I can't do any more. Right now I'm at 55 feet before I hit a slump where all my dirt from my house was, I assume. It's a big pile of water that's -- you know, that's where the exotics left, where all that dirt was removed, and all the water's there, so I can't even get to it. It's not flat. You know, I can't -- I've done everything humanly possible, financially possible to me. And I can't lose any more work trying to pursue an approval from you guys. You know, I've been a year and a half trying my best. And the proof by you guys -- I have more as well, you know, more pictures to show you before and afters. CHAIRMAN KAUFMAN: What -- what exactly is left that needs to be removed? MR. CANTO: If I could go back, if that's okay. CHAIRMAN KAUFMAN: Sure. MR. CANTO: I did request to -- I went to Growth Management, told them my plan for the shipping containers, and they told me I don't need a permit, so that's why there was no permit applied. It was for carports and this and that. But they summoned -- I don't know. They served me, and as soon as -- you know, I jumped on it, did the permit, and I went -- I didn't want to step on anyone's toes, you know. I want to make sure I do everything right. I'm a contractor, so I want to make sure -- you know, my reputation's everything, so I want to make sure I can do whatever I can right. So I did everything. Right now it's out of my hands. I don't -- I'm in your mercy. CHAIRMAN KAUFMAN: Are there -- MR. CANTO: It's exotics. CHAIRMAN KAUFMAN: A particular tree or trees that need November 20, 2024 Page 51 to be removed? Has the -- has -- have you been able to get on the property? MR. COOPER: No, sir, I have not. CHAIRMAN KAUFMAN: If they were to get on the property, could they point out this, this, and this needs to be resolved in order to have the permit approved? MR. CANTO: I feel like if they go on my property they're going to just point out more stuff. Like, there's -- like, for real. Like, look at half of the -- that took me five years to get to where I'm at. And I'm 55 feet to where it slumped. Like, there's no more flat land that I can use a riding lawnmower. I'm going -- machete. I got the most expensive Weedwacker because that's -- you know, I can actually -- bush hog style. I'm doing everything I can besides, like -- I have even rolled down -- I got a roller, because I compacted, and I was able to compact a little more. But that slump, there's no -- I have to buy dirt. There's nothing to -- I have to fill it to make it level, and then I'm able to get to the tree, or hire, like, an excavator or something like that. CHAIRMAN KAUFMAN: Is there -- well, we don't know because you have been unable to -- MR. CANTO: I have pictures, so I'm able to show you what plants we have, if -- CHAIRMAN KAUFMAN: Have you shown those to -- MR. CANTO: Yes. Well, no, I don't -- I had it, but -- MR. COOPER: He showed me some of them. CHAIRMAN KAUFMAN: Okay. MR. COOPER: I don't object to showing the pictures. MR. LETOURNEAU: Yeah, we don't have any objection to any pictures from that particular property. BOARD MEMBER CURLEY: Okay. Well, let's see them. CHAIRMAN KAUFMAN: It would be helpful if we knew November 20, 2024 Page 52 exactly what needed to be removed. BOARD MEMBER AYASUN: I thought it looks like two containers, doesn't it? CHAIRMAN KAUFMAN: The containers are fine. The permit requires that the exotics be removed from the property before they can approve those permits that allowed the containers to be on the property. BOARD MEMBER CURLEY: Right. So let me just -- let me just ask a really simple question. So if the containers weren't there, you wouldn't have an issue right now? MR. CANTO: No, but I did ask permission. If they told me -- BOARD MEMBER CURLEY: So if you say your hands are tied, they're really not because I just untied them by telling you that. If those containers get removed, then you can live in your vegetation however it is until the next time you pull a permit; is that how it works? MR. LETOURNEAU: Pretty much every permit is going to require exotic removals, yeah. BOARD MEMBER CURLEY: So you've created this problem. I know you put them on there thinking that you were doing the right thing, I get it, but there is a solution: To get rid of the containers. MR. CANTO: It would cost me even more to remove them at this point than it would be -- that -- what I bought it for, so? BOARD MEMBER AYASUN: Are they empty? MR. CANTO: No, that's why I bought them, so I can use them as a garage and, you know, use my land for my -- I'm an A/C contractor, so I have ductwork in there to protect it from the sun and all that, so... Just -- you know, that's why I went to the Growth Management, told them my plan, and they told me I'm good to go, so I proceeded November 20, 2024 Page 53 with my plan, and five months later I got served and jumped on it. Yeah, my hands are tied. I did actually go down, plan ahead, tell them my plan. And I did have a witness, but she died, so... BOARD MEMBER FUENTES: I don't know what you mean when you say, "Your hands are tied." Are you basically saying -- what are you asking of us when you say that? Like, are you asking us just to, like, close the file, move past it or -- MR. CANTO: No. I -- from your vantage point, point out what I need to do. BOARD MEMBER FUENTES: I can't because he has not been on site. If he was on site -- and I hear your concerns. But if he was on site, I think we'd have a clear indication of what exactly needs to be done. So you would have to allow him to get access, which you don't want, okay. But what about -- I just don't understand when you say my hands are tied. It almost sounds like you're basically -- "Hey, guys, I'm here today to basically tell you I'm not -- I'm not going to move forward anymore." MR. CANTO: No. I cleared everything humanly possible. I would like to be inspected from the vantage point that you are allowed to and tell me what I might fail on, and I'll take care of it from there. BOARD MEMBER FUENTES: I don't know if they're going to be able to do that. MR. LETOURNEAU: Plus, our investigators do not do that inspection. That would come from the building permit. They're going to request to walk the entire property at that point. CHAIRMAN KAUFMAN: Is there something that bothers you -- if somebody goes there just to take a look at the vegetation, is that a problem, or is there a secret still there or something that you're worried about? BOARD MEMBER FUENTES: You don't want to answer November 20, 2024 Page 54 that. MR. LETOURNEAU: I'm just getting the gist that your problem is that you have so many exotics left that it's not humanly possible for you to remove them and that you have that containment pit there that -- did you say it was full of water? That's kind of stopping from you getting in there at this point? MR. CANTO: (Nods head.) MR. LETOURNEAU: So would more time during this dry season give you an opportunity to do that, or... BOARD MEMBER FUENTES: That's why I'm asking, because your responses are, "My hands are tied." To me, we take that as you're not moving forward. Or if you're asking for time, then ask for time. MR. CANTO: I don't think there's any more exotics that I can remove. There's trees I can remove, big bush kind of things, but that's it, and that's -- BOARD MEMBER FUENTES: I'd like a -- look, we can always -- we love to work with compliance, people who are trying to obtain compliance. Your responses aren't exactly screaming, "I'm here to comply." Yes, you've done things, and we appreciate that. But the investigator can't get on site to depict -- to show you what's wrong. We have no idea what exactly needs to be done. We understand you don't want him on site. Fine. MR. CANTO: Okay. Go ahead and have him on site. I just -- I just would like to move on, please. BOARD MEMBER CURLEY: So there's contractors. There's professionals that do this. So you and I can't do that, I get it, but this is your piece of land, and so your next step is to, I don't know, find a company that can do this removal, and then you'll have to pay them for it, or you're going to end up with a bunch of fines thanks to us. BOARD MEMBER ELROD: Can we see the pictures? November 20, 2024 Page 55 BOARD MEMBER FUENTES: We've got none. Oh, I mean, we got -- yeah. CHAIRMAN KAUFMAN: The respondent has just said that they can come on the property, and that probably -- if they come on the property and put a yellow tag or whatever it takes to say, "Get rid of this, this, and this," and then you'll be into compliance. That's the end of the case. BOARD MEMBER CURLEY: Well -- and then if you can't do it, just physically can't do it, then there's tree people, lots of them, out there that you can hire that can finish the job for you. CHAIRMAN KAUFMAN: We just -- we just don't know until they get on the property and take a look. So how much -- how much time do you think -- to begin with, we'd need a motion from the Board to see if a violation exists. BOARD MEMBER RUBENSTEIN: I'll make that motion that it does exist. CHAIRMAN KAUFMAN: Okay. We have a motion that a violation exists. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And it's seconded. 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 FUENTES: (No verbal response.) BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. November 20, 2024 Page 56 BOARD MEMBER RUBENSTEIN: Excuse me. CHAIRMAN KAUFMAN: So -- yes. BOARD MEMBER RUBENSTEIN: Aren't we dealing with the shipping containers? CHAIRMAN KAUFMAN: No. There's a permit for the shipping containers, and in order for that permit to be completed, the exotics need to be removed from the property. BOARD MEMBER AYASUN: Correct. CHAIRMAN KAUFMAN: That's it. Okay. So how much time to grant the respondent to get somebody out there from -- Jeff, who'd you say? MR. LETOURNEAU: Well, I mean, at this point, it would be -- okay. If somebody from our department that is versed on exotics got out there, they can pinpoint exactly what needs to be removed. I don't think that -- I think he knows what needs to be removed. It's just that he can't remove it. Ultimately, it's going to be a building inspector that comes on the property to sign off on that particular part of the permit. It's not going to be Code Enforcement. So us getting on there is okay. Yeah, we'll go on there and take a look and pinpoint it for him; however, I don't think that -- I think he knows what the exotics are. I just think that he's having trouble removing them. MR. CANTO: I do not know the exotics. MR. LETOURNEAU: Oh, I'm sorry. I'm sorry. I thought you did know the exotics. MR. COOPER: Yeah. I also said I would drop off a pamphlet that shows the exotics with a close-up and a faraway picture, and I'll be happy to drop that off to his property. CHAIRMAN KAUFMAN: Okay. So -- MR. LETOURNEAU: And also, I would assure you that if you allow Craig or Cristina, or whoever comes on that property, anything November 20, 2024 Page 57 less than a totally egregious criminal activity or violation we're not going to be looking for. We're just there to look at the exotics. CHAIRMAN KAUFMAN: That should waylay your concern about finding other things. MR. LETOURNEAU: We're not looking at other structures out there. We're not looking at anything else. We're just there to pinpoint and help you get rid of these exotics. CHAIRMAN KAUFMAN: So to do this, you should take advantage, as Jeff said, of the dry season. Do you think maybe they could come out there and take a look within 90 days, 120 days? MR. CANTO: For them to come out and look? CHAIRMAN KAUFMAN: Yeah. MR. CANTO: Like, I'm ready right now. Like, I don't -- CHAIRMAN KAUFMAN: But I want to give you time -- MR. CANTO: I want. CHAIRMAN KAUFMAN: -- give you time that if they come out there and say, "We need you to remove A, B, and C," that you have additional time. If it's only A, B, and C, maybe you say, "Maybe I can get the rid of that," and you get rid of it, they approve your permit, and that's the end of it. MR. CANTO: So you're saying that amount of period to complete the whole thing is what -- CHAIRMAN KAUFMAN: That's correct. MR. CANTO: And what was the amount of period, sorry? CHAIRMAN KAUFMAN: Well, I was asking you what you think you needed. A hundred and twenty days? MR. CANTO: I don't know till I know what -- CHAIRMAN KAUFMAN: Obviously. MR. CANTO: -- they consider, you know, invasive and -- BOARD MEMBER CURLEY: The county has something to say. November 20, 2024 Page 58 CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I mean, the permit expired. MR. COOPER: I was going to say, both the permits need to be reinstated to the extent that they're expired. CHAIRMAN KAUFMAN: Okay. MR. COOPER: So that would be the first step. BOARD MEMBER FUENTES: So he's going to have to pull the permits again for the -- for the containers? MR. COOPER: I'm not really -- I don't really do permitting, but he needs to have valid permits that are, you know, not expired. CHAIRMAN KAUFMAN: So the permits expired. They need to be renewed, or whatever it is. They generally are good for in between inspections of six months, but I don't think you need that much time. So let me start out with, Craig, do you have a suggestion for us? MR. COOPER: The recommendation is -- CHAIRMAN KAUFMAN: That's correct. MR. COOPER: -- that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy to either keep or remove the two storage containers within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Two, 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 November 20, 2024 Page 59 assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. In your -- the first part of your recommendation, removing the exotics would bring this -- after he updates the permits, if it gets pointed out what particular exotics need to be removed and he does that, he would be in compliance? MR. COOPER: Then I believe that the permit would be finaled. CHAIRMAN KAUFMAN: Okay. Okay. MR. LETOURNEAU: Just -- Craig or whoever goes out there from Code can pinpoint and tell him the types of exotics. It's up to him to go throughout the whole property and remove those types that were pointed out. Craig is not going to be able to walk that entire property and point out every individual plant. I'm not sure how many exotics are on the property. That's up to him to make sure that all the exotics are removed, and then the building inspector would walk the property to verify that they're gone. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Maybe the county could provide him with some contacts or vendors that would be able to handle the job. MR. COOPER: I don't believe we can recommend vendors. MR. LETOURNEAU: No. But ultimately it comes down to getting that permit CO'ed. MR. COOPER: I'm going to drop off a pamphlet showing what all the exotics are with a closeup, and then -- CHAIRMAN KAUFMAN: Okay. Let me fill in the blanks on your recommendation. 59.28 to be paid within 30 days, 120 days to come into compliance, or $100-a-day fine thereafter. That's my motion. November 20, 2024 Page 60 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: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. So let them on your property. It's going to be to your benefit. I'm sure it can be resolved. MR. CANTO: You guys -- CHAIRMAN KAUFMAN: Unless you want me to come over with my own chainsaw. Are they big trees? MR. CANTO: You can see on the pictures. Like, it's a big difference. If you could -- if you can see it from space, it's a big difference. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Good luck. CHAIRMAN KAUFMAN: Yes. MR. CANTO: We didn't get to see my pictures, correct? CHAIRMAN KAUFMAN: No. But you can -- can you make them part of the file? MS. BUCHILLON: Part of the file? CHAIRMAN KAUFMAN: Yeah. Can we keep those or -- MR. CANTO: I ran out of ink trying to print it. It was not worth it, I guess. November 20, 2024 Page 61 CHAIRMAN KAUFMAN: Okay. The trees will still be there to take another picture, should it need it -- be needed. MR. CANTO: All right. Thank you. CHAIRMAN KAUFMAN: Okay. Thank you. MR. COOPER: Thank you. CHAIRMAN KAUFMAN: Okay, Craig. Thank you. We're going to take a 10-minute break for the court reporter. Be back at 25 of. (A brief recess was had from 10:25 a.m. to 10:45 a.m.) (Board Member Curley has left the boardroom for the remainder of the meeting, and Board Member Johnson is now a voting member.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. All right. Helen, where are we? MS. BUCHILLON: Where are we? Under old business, B, motion for imposition of fines and liens. First Case, No. 1, CEPM20240002894, Pacifica Laurel Ridge, LLC, in care of Pacific Companies, 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. MUSSE: I do. MS. NWALUPUE: I do. CHAIRMAN KAUFMAN: Okay. Jonathan, would you like to read this into the record for us? MR. MUNOZ: Yes, sir. Good morning. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. Past orders: On June 27th, 2024, 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 November 20, 2024 Page 62 ordered to correct the violation. See the attached order of the Board, OR6412, Page 673, for more information. The violation has not been abated as of November 20th, 2024. Fines and costs to date are as follows: Part 1, abated by July 29th, 2024, within the compliance deadline; Part 2, fines have accrued at the rate of $200 per day for a period from August 27th, 2024, to November 20th, 2024, 86 days, for a total fine amount of $17,200. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.42. Total amount, $17,259.42. CHAIRMAN KAUFMAN: Okay. What was the part that wasn't in compliance? MR. MUSSE: It's the downstairs permitting issue. They removed -- they had to repair a leak in the dwelling, and in the process they removed a bunch of drywall, the vanity, and there were some other property maintenance issues that -- smaller issues that needed to be done, completed, which once they get the permit, the contractor will go in there and repair it fairly quickly. CHAIRMAN KAUFMAN: Okay. Ma'am. MR. NWALUPUE: Yes. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. NWALUPUE: My name is Flora Nwalupue. CHAIRMAN KAUFMAN: Okay. You're the respondent? MS. NWALUPUE: Yes. CHAIRMAN KAUFMAN: Okay. What's the holdup? MS. NWALUPUE: It's -- we had problems, you know, getting a contractor. We just recently got a contractor, and the contractor, November 20, 2024 Page 63 you know, he's working with Ellie Pemiton (phonetic). Right now he has submitted all the paperworks to Ellie Pemiton, so we just need an extension. CHAIRMAN KAUFMAN: Can I ask why you didn't apply for an extension? You see other cases that were here, people asked for an extension because they don't think they can get into compliance right now, but maybe in a month or two months they'll be in compliance. MS. NWALUPUE: Yes. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: If I may? CHAIRMAN KAUFMAN: Yes. MR. MUSSE: In her defense, she is a newer property manager for this development, so she didn't have the full information of this case. The condo or the unit in question is completely unoccupied at this time, so there's no health and safety violation. She did provide me with photos taken by maintenance the other day, and we can present them to you if you'd like to see them. But, yeah, I spoke to her yesterday. She's been made aware of the situation. They did have some difficulty with contractors. There was -- I spoke to two contractors. They did end up pulling out of the project, and I spoke to one yesterday. He's just waiting for the permit to be issued, and then he'll start work. CHAIRMAN KAUFMAN: So the permit has been applied for? MR. MUSSE: Not even in "apply" status at this time. CHAIRMAN KAUFMAN: Oh. Any reason why? MR. MUSSE: I think it was difficulty with the permits. Like, they -- one contractor was in the process of getting the permits, and to my understanding is, he was having difficulty with Pacifica Laurel Ridge of getting the documentation they needed to submit plans. November 20, 2024 Page 64 Second contractor, he inspected the work and just decided not to move forward with the project. CHAIRMAN KAUFMAN: Is this just mostly repair the drywall? MR. MUSSE: It's mostly -- they replaced a vanity as well, so -- which we will include some -- not electrical, but plumbing connections that would have to be inspected. Even if it's just simply as replacing a vanity, it would -- and a bunch of drywall that needed -- needs to be replaced. So nothing electrical, just that plumbing issue right there. CHAIRMAN KAUFMAN: Okay. How long do you think this will take -- we have a choice now to impose the $17,000 fine or to give you a continuance till you get it resolved. So your choice is best to -- MS. NWALUPUE: Yeah. We need -- we need about 120 days right now to get it completed. CHAIRMAN KAUFMAN: Four months? MS. NWALUPUE: Yes. Yes, Your Honor. MR. MUSSE: It kind of depends on the permitting process. It you want to -- recommendation, start off with 60 days to see if at least a permit's on file and issued. CHAIRMAN KAUFMAN: Okay. Do you want to make a motion, Lee? BOARD MEMBER RUBENSTEIN: Yeah. I'll make a motion to grant the continuance of 60 days, and the fines will still accrue daily. CHAIRMAN KAUFMAN: Correct. MR. NOELL: And then also operational costs. BOARD MEMBER RUBENSTEIN: Yeah, 59 -- CHAIRMAN KAUFMAN: -- -42. BOARD MEMBER RUBENSTEIN: Plus tax. November 20, 2024 Page 65 MR. NOELL: No "plus tax," though, right? Just for clarity. BOARD MEMBER RUBENSTEIN: Yeah. BOARD MEMBER AYASUN: 59.42. BOARD MEMBER BHATLA: Sixty days with the holidays is not -- CHAIRMAN KAUFMAN: Okay. That's your motion? BOARD MEMBER RUBENSTEIN: That's a joke. CHAIRMAN KAUFMAN: We have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: 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 FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUSSE: Thank you. CHAIRMAN KAUFMAN: So 60 days. If it's not done in 60 days, I suggest that you come back and let us know that the permit's been pulled, that you hired a contractor, whatever needs to be told us so that we can grant you additional time if you need it. MS. NWALUPUE: Thank you. Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next case, No. 2, CESD20220000870, David Levine. MR. LEVINE: Good morning. THE COURT REPORTER: Do you swear or affirm the November 20, 2024 Page 66 testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MIGAL: I do. MR. LEVINE: I do. CHAIRMAN KAUFMAN: Okay. Rick, do you want to read this into the record for us? MR. MIGAL: Yes, sir. For the record, Rick Migal, Collier County Code Enforcement. Past orders: On April 27th, 2023, the Code Enforcement Board issued a finding of fact, conclusions of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6248, Page 838, for more information. On August 24, 2023, the Code Enforcement Board granted an extension of time. On February 22nd, 2024, and August 22nd, 2024, the Code Enforcement Board granted a continuance. See the attached orders of the Board in Documents and Images for more information. The violation has not been abated as of November 20th, 2024. Fees and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from November 23rd, 2023, to November 20th, 2024, or 364 days, for a total fine amount of $72,800. Fines continue to accrue. Previously assessed operational costs of $59.28, 59.49, and 59.70, have been paid. Operational costs for today's hearing are $59.84, and the total amount is $72,859.84. CHAIRMAN KAUFMAN: Okay. Total amount is 72,859.84. Okay. Sir? MR. LETOURNEAU: Good morning. So I hired a contractor a bunch of times so far. They've all failed. We did apply for a November 20, 2024 Page 67 driveway permit. The contractor, Troy McNabb, APAX, did not finish it, disappeared. From what I'm being told, he's disappeared off of everything now. Then I hired somebody else. They said there's a $600 fine there. I said, "Well, no, that's Troy's fine." It's my fine now, I guess. So that's one thing. The vegetation removal -- when I called to originate this whole thing, I called the town, asked, "Do I need a permit to remove slash pine trees?" "No, you don't need it." Now we're here. I hired another contractor. He's in the hospital. His name is -- it's DMI. He's facilitating everything now. He went to Michaelle Crowley. Michaelle Crowley told me that I needed to draw up plans for the property. I went to the town. I looked for the plans for the property. They gave me the worst plans you've ever seen. I should show it to you. Like, a pencil drawing. You couldn't read the sizes. You couldn't read anything. So I hired, for $2,000, another guy to walk my property, measure everything, because he said I put too much paver blocks, which is impervious. They're calling paver blocks impervious. They're calling blacktop impervious. I meet the criteria. I gave that to Michaelle Crowley. She said, "No, you have to still hire an engineer to figure out where the plants go." Well, I've hired a landscape engineer -- not an engineer, excuse me -- a landscaper design person to do it. She didn't accept that. Basically, it's Michaelle Crowley that's not accepting everything. It's starting to get on my nerves to the point of 70-some-odd thousand dollars. Now it's getting solved. So can't somebody just -- I heard you guys talking before. Can't somebody just go to my property? November 20, 2024 Page 68 There's 1,300 Clusias planted on the property, there's 63 palm trees on the property, and there's multiple pine trees. I'm not a landscape engineer. I can't keep affording to keep doing this, to keep hiring people that are making me fail, because I'm failing by what we're doing here with 70-some-odd thousand dollars in fines so far, and the driveway just has to be completed. The pipe's in already. All the gravel's there. You won't let me do it. I paid the permit twice. You won't let me have that permit. So I don't know what I'm doing. I have to be honest with you: I don't know why I'm here. I think you guys should have Michaelle Crowley here and solve this. CHAIRMAN KAUFMAN: Okay. Rick? BOARD MEMBER RUBENSTEIN: Question. MR. MIGAL: So there's -- I'm sorry. BOARD MEMBER RUBENSTEIN: Mr. Chair, are we hearing both cases as one? MR. LETOURNEAU: You made them one. CHAIRMAN KAUFMAN: This is one case. MR. MIGAL: Two cases. BOARD MEMBER RUBENSTEIN: Yeah, the one, 9345. MR. MIGAL: The impediment is common to both. The first case, the case we're hearing right now, is the site development case that was basically for overclearing. And all -- most of what he said was related to the fact that -- or to his attempts to come into compliance for the overclearing. And the permit for the next case is being held up because of the exact same reason. Once he gets the vegetation removal permit, or Michaelle is satisfied with the restoration, they both go away immediately. Well, not immediately, but they both -- those are the corrections necessary for each permit. CHAIRMAN KAUFMAN: Okay. So -- MR. MIGAL: Or case, sorry. November 20, 2024 Page 69 CHAIRMAN KAUFMAN: Refresh my memory on this. This was a driveway that was going in? MR. LEVINE: There was a driveway that was at the beginning of the property. There was already a driveway there, and it was a horrible spot that if you were to make a turn, you'd get hit by a car. So I applied for a permit, got approved, and they put the culvert pipe in, the black pipe underneath the ground, they did the gravel, and then he disappeared. MR. MIGAL: It's a second right-of-way that was added. There was a primary one that existed, and then he built a second -- or a guesthouse and -- MR. LEVINE: Not true. There's a house, a metal building, and another house. There's three driveways, okay. It's sideways. It goes sideways. It goes sideways. It goes like this, like this, like this (phonetic), okay. I didn't put another driveway in on my property. I put -- moved the driveway to a safe spot, and it was approved. No problem. It can't be extended, they told me. I thought permits could be extended. Not that one. It can't be. So reapply for it. Okay. When you reapply for it, then they wanted to know how much water was going to go through. There's a 40 percent rule. The 40 percent rule, the only way we could figure out whether it would work or it wouldn't work was for me to draw all these plans up. I thought I could just go to the town and get the plans. Not in this town. You've got a stick drawing there. So I had somebody do it for $2,000. It got done. Dan from DMI went to the town, asked them for -- you know, I already paid for the permit. He wants to get it. No, you have to have a landscape engineer now, which I think I'm hiring now, another person. Michaelle should have told me that right from the beginning, but she didn't. She let me screw around November 20, 2024 Page 70 with it and then let me find out that I'm hiring a guy for 2,500, another guy for 1,500. They're not qualified to her. That's what she says. So if they're not qualified for her, why don't you tell me who was supposed to be qualified? But she can't give me help with that. So I -- now, Dan went to somebody above her, and this -- CHAIRMAN KAUFMAN: Dan is? MR. LEVINE: -- fellow named Mark is going to -- CHAIRMAN KAUFMAN: Dan is who? MR. LEVINE: Dan is the contractor with DMI. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: That I now hired. The other guy disappeared. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Okay. So all I'm trying to figure out is -- like we talked -- I heard you before: Can't somebody just come on my property and tell me there's enough plants or there's not enough plants? You need two more plants over there, and I'll put them in. And then the driveway can get finished and the two plants can get put in. I can't keep going through money like this. This is getting on ridiculous. And we're 70-some-odd thousand dollars in fines on top of that, which I'm not even talking about because I've heard your reasoning, and at the end we'll talk about it. So just if somebody can go out there and just tell me where you want the plants put in, or maybe there isn't any plants needed. CHAIRMAN KAUFMAN: Rick, any solution to this? MR. MIGAL: I can't speak to why he wasn't apprised of specifically who needed to be hired for the plan for the restoration. I picked up the case later. That's not an excuse. But basically, it sounds like he's on the right track now. He understands he needs a licensed environmental consultant to do that November 20, 2024 Page 71 work for him, draw up the plan, and go from there. And it could be possible -- I'm not the expert here -- that he actually does have enough plants. He does have quite a few on the property. And he is below the permeable/nonpermeable threshold, so he's okay there. So we may be pretty close. CHAIRMAN KAUFMAN: Do you have any idea when -- MR. LEVINE: My contractor says he needs 30 more days to get this environmental person that I have to hire now, and then he's 30 days after that to finish concrete. CHAIRMAN KAUFMAN: So -- MR. LEVINE: The planting can get done anytime we want, but I don't believe I need any plants. I'm just not an expert. There's 1,300 Clusia plants on the property; 1,300 I bought. They're around the whole perimeter. It looks beautiful. There's 63 palm trees and multiple pine trees. What do I need more plants for? CHAIRMAN KAUFMAN: Okay. Anybody have any comments? Questions? (No response.) CHAIRMAN KAUFMAN: I think this -- when I start to know who the person is before the Board, that means that it's been taking too long to get this thing done. MR. LEVINE: Uh-huh. CHAIRMAN KAUFMAN: It would be easier if this said that it is in compliance, and then we can deal with what comes after that. MR. LEVINE: Correct. CHAIRMAN KAUFMAN: So based on what you say, I'm -- I want to grant a continuance for 120 days to get everything done so that the next time you come back here there will be one case out of the two that we have here that will say you're in compliance, and now we deal with the fine that's been levied. MR. LEVINE: Yeah. I figure we'll figure that out. November 20, 2024 Page 72 BOARD MEMBER RUBENSTEIN: I'll second that. CHAIRMAN KAUFMAN: Okay. You second my thought, okay. Good. So I'll make a motion that the 59.84 be paid within 30 days, we grant the respondent 120 days to come into compliance. It's a continuance, so... MR. LEVINE: Does the money keep accruing? CHAIRMAN KAUFMAN: Again, that will be resolved at the end. BOARD MEMBER RUBENSTEIN: On both cases? CHAIRMAN KAUFMAN: On both cases. We have to vote on each case individually, though. Okay. So on the first case, which ends in the -- BOARD MEMBER AYASUN: 870. CHAIRMAN KAUFMAN: -- 870, last three-digits, 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 FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. That cakes care of that case. The other case, once this case is resolved, this case goes away; is that correct? MR. MIGAL: Yep. CHAIRMAN KAUFMAN: I'll grant the same 120 days on this November 20, 2024 Page 73 one. Same motion. BOARD MEMBER AYASUN: Second. MR. NOELL: Is it the same in operational costs? MR. MIGAL: I have to look. MS. BUCHILLON: Different amount. CHAIRMAN KAUFMAN: It's 59.49. 59.49 to be paid within 30 days, 120 days to come into compliance. So they piggyback each other. BOARD MEMBER RUBENSTEIN: Yeah. Before we vote on it, I just have a quick question. Is the driveway completed? MR. LEVINE: About 20 feet and then the part that curves out like this. BOARD MEMBER RUBENSTEIN: So it's not completed? MR. LETOURNEAU: No, it's not. No concrete there. They won't let me do. The guy's ready to do it. BOARD MEMBER RUBENSTEIN: Okay. BOARD MEMBER AYASUN: This is case 9345. CHAIRMAN KAUFMAN: Yes. So on case 870 -- excuse me -- 9345 -- BOARD MEMBER RUBENSTEIN: 345. CHAIRMAN KAUFMAN: -- all in favor of the motion? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. Hopefully we only see you November 20, 2024 Page 74 one more time. BOARD MEMBER ELROD: But the minute it's done, get them out there. CHAIRMAN KAUFMAN: Yeah. Sooner is better than later. MS. BUCHILLON: Next case, No. 4, CESD20220008382, Anthony Mattei, Karol Lucia 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 but the truth? MR. PACKARD: I do. MR. MATTEI: I do. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the mic for us? MR. MATTEI: Anthony Mattei. CHAIRMAN KAUFMAN: Okay. This was -- I'm trying to find what it was besides all the continuances and whatnot. Improvements on the property prior to issuance of a permit, and I see a bunch of notations as to the different continuances we had. But, Jason, would you read this into the record for us, please. MR. PACKARD: Yes, sir, I certainly will. 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 violation. 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. On May 23rd, 2024, the Code Enforcement Board granted a continuance. See attached orders of the Board in Documents and Images for more information. November 20, 2024 Page 75 The violation has been abated as of August 6th, 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 August 6th, 2024, 159 days, for a total fine amount of $39,000. Previously assessed operational costs of 59.28 and 59.56 have been paid. Operational costs for today's hearing, 59.77. Total amount, $39,059.77. Gravity of the violation: This was not a health-and-safety violation. Actions taken by the violator to correct: Permit PRTM20220943952 was applied for on September 14th, 2022, and finaled on November 7th, 2023. Permit PRAC20230835888 was applied for on August 25th, 2023, and finaled on August 6th, 2024. There were no previous violations committed by the respondent, and there were no other relevant factors. CHAIRMAN KAUFMAN: Sir, it took a while. MR. MATTEI: I had a lead time with getting surveyors and permits and all that other stuff, but it's all done now. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I'll make a motion. I'll make a motion. The reason I'm going to reduce the county's fines here, it wasn't a health-and-safety issue, and we appreciate the fact that you did get compliance. So we're going to reduce it. I'm going to reduce the county's fines to $600; however, the -- today's operational costs of 59.77 do need to be paid within 30 days as well, okay? So the fines will be reduced to 600. They've got to be paid within 30 days. Operational costs of 59.77 within 30 days. MR. MATTEI: Do a little less? CHAIRMAN KAUFMAN: Hold on one second. You have a motion. Do we have a second? November 20, 2024 Page 76 BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER BHATLA: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. One opposed. Sir? MR. MATTEI: Can you go a little less? Can you go a little less? CHAIRMAN KAUFMAN: It's not a negotiation. MR. MATTEI: Oh, it's not? Okay. Then no. CHAIRMAN KAUFMAN: But it's $33,000 less. MR. MATTEI: Well, yeah. BOARD MEMBER FUENTES: No, it's actually -- it's $38,400. MR. MATTEI: I was joking. That's fine. $600 is fine. CHAIRMAN KAUFMAN: Okay. MR. MATTEI: Thank you. BOARD MEMBER AYASUN: Have a nice day. MS. BUCHILLON: Next Case, No. 5, CESD20220007688, Erick Innis and Alyssa Innis. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MIGAL: I do. MR. INNIS: I do. November 20, 2024 Page 77 CHAIRMAN KAUFMAN: Okay. Rick, do you want to read this into the record for us? MR. MIGAL: Yes, sir. For the record, Rick Migal, Collier County Code Enforcement. Past orders: On September 28th, 2023, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation referenced ordinances -- of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6298, Page 1671, 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 November 20th, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from July 26th, 2024, to November 20th, 2024, or 118 days, for a total fine amount of $23,600. Fines continue to accrue. Previously assessed operational costs of $59.21 have been paid. Operational costs for today's hearing are $59.70. Total amount is $23,659.70. CHAIRMAN KAUFMAN: Okay. Sir, could you state your name on the microphone for us, please? MR. SAMADNEJAD: Yes. My name is Kamrun Samadnejad. I'm here on behalf of Erick and Alyssa Innis. CHAIRMAN KAUFMAN: Okay. And that -- MR. MIGAL: He's the contractor who is trying to get this -- CHAIRMAN KAUFMAN: Resolved. Okay. This started in September of 2023. Have you been on it the whole time? MR. SAMADNEJAD: Pretty much from, like, October. Pretty much from the beginning almost, yes. November 20, 2024 Page 78 CHAIRMAN KAUFMAN: Oh, I know dogs and horses both have four legs, but -- (Cell phone sounding.) CHAIRMAN KAUFMAN: Okay. Let me try again. It's been listening. The horse and the dogs both have four legs, but why does it take years to get this resolved? MR. SAMADNEJAD: So we had the meeting back in January. We went back to the neighbor who was encroaching -- the barn is encroaching on their property. The neighbor was in agreeance to do a lot line adjustment to help us keep the barn where it is so we don't have to move it. Fast forward a few weeks. His wife had surgery, so I didn't really bother him too much about it because -- family issues. And then came -- it surfaced back up, started talking to him again. I've been working with Shalonda at Reliable Permitting. She's been helping me with getting lot line adjustments, the zoning verification letter, the variances, all of that. And didn't hear from him again for a few weeks, sent him all the forms to sign for a lot line adjustment. Eric tried to reach out to him. No response, just kind of fell off the face of the earth. Calls me a few weeks later, says that he just got diagnosed with cancer, and he doesn't know if he's going to be able to really live that much longer. A doctor is saying within a year. It's, I guess, not a great condition. So there's really nothing I can say to that once the gentleman tells me he has cancer. So we kind of resorted to Plan B now where we're just going to build a new building on the property, metal building, premanufactured. So we have to pretty much go through motions of that or the building, which takes a couple months to receive. Go through the permitting process, which can take a month or two, and November 20, 2024 Page 79 have an engineer pretty much stamp all of our approved architecturals for the new building, which will -- that will take another three to four weeks. So our Plan B right now is to build a new building there and be able to kind of use that and then tear this old structure down. CHAIRMAN KAUFMAN: And how long do you think all this is going to take? MR. SAMADNEJAD: So the building manufacturer told us that from date of purchase is about two months to receive it. So two months for that. We're going to be working on the permitting stuff in the meantime because we have -- we're going to -- as soon as we make the purchase, we're going to submit the plans. So I think all in all, I would hope six to eight months. That really just depends on the permitting. So I hope to be back here in six months to hopefully close this out and not have to extend again. CHAIRMAN KAUFMAN: Why don't they just tear the building down if it's encroaching? MR. SAMADNEJAD: So he spent close to 150,000 on this building, on all the interior improvements. So our hope is to be able to build this building, transfer all that stuff that -- so it doesn't go to waste -- into the inside of the new building, and then tear that old one down. So if allowed, we would like to do that. But I've talked to the Building Department. They have already okayed the size of the building to build as long as it meets setbacks, which it does. And I did ask them about leaving the kennel -- the original dog structure there for now until we finish building this building so we can transfer all this equipment over, so they said that's up to the Code Enforcement Board. CHAIRMAN KAUFMAN: I'm curious. This horse barn was built. MR. SAMADNEJAD: Yes. November 20, 2024 Page 80 CHAIRMAN KAUFMAN: Did it have permits? MR. SAMADNEJAD: It did. And actually, funny enough, when they submitted the permit, had the survey, it actually shows encroaching on the permit originally back in -- I forgot when the permit was. I think early 2000s, I believe. When I called Collier County Growth Management to talk to them about this saying that they pretty much approved this where it is, they said that it's our mistake, we screwed up, but you as the property owners have to fix now, and that's kind of our -- we're stuck there. MR. MIGAL: The original plot for this is quite interesting because it does show the building on the other property by this (indicating) much, and then somebody hand-drew the building in the right spot over it, and it was apparently accepted by the county. MR. SAMADNEJAD: It was approved. All the inspections happened -- MR. MIGAL: Everything was -- MR. SAMADNEJAD: -- and the permit was closed out. MR. MIGAL: It was a good, clean permit. CHAIRMAN KAUFMAN: Yeah. I find this disturbing, to say the least. Do you have any comments, Jeff? MR. LETOURNEAU: I think my comment is is that a mistake by the county doesn't alleviate the current code violation. I think that if they didn't renovate this particular structure, we wouldn't be here right now. So I have no issue with giving them time to build this new structure in order to move the infrastructure from the other building over there. (Board Member Bhatla left the boardroom for the remainder of the meeting.) CHAIRMAN KAUFMAN: Okay. So what we're looking at is a continuance. No fault of the owner of the property nor you. November 20, 2024 Page 81 BOARD MEMBER ELROD: I'll make a motion to grant six months' continuance and paying the 59.70 within 30 days. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. It passes. MR. SAMADNEJAD: Just -- CHAIRMAN KAUFMAN: You have six months. And if that's not enough time, I suggest you come back. MR. SAMADNEJAD: And just to confirm, we can keep the original structure there in the meantime and then tear it down once the new structure is built? CHAIRMAN KAUFMAN: Right. Nothing happens within -- you have six months. MR. LETOURNEAU: Just make sure -- you might probably need a demo permit for that original structure. MR. SAMADNEJAD: Yeah, no problem. Thank you so much. Appreciate it. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next case. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 6, CEVR20230007645, Alberto Flores Maldonado. CHAIRMAN KAUFMAN: Terri, you got that Bart departed November 20, 2024 Page 82 and that Sue departed after our break? THE COURT REPORTER: (Nods head.) BOARD MEMBER AYASUN: Temporarily, departed. 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. DALE FLORES: Yes, I swear. 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. MR. ALBERTO FLORES: I do. CHAIRMAN KAUFMAN: Okay. We're all set. So this was an agriculturally zoned property land clearing before the issuance of the county permits. Do you want to read this into the record for us? MR. OWEN: Love to. For the record, Brian Owen, Collier County Code Enforcement. Past orders: On February 22nd, 2024, the Code Enforcement Board issued a finding of facts, 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, PG407, for more information. The violation has not been abated as of November 20th, 2024. Fines and costs to date are as follows: Fines have accrued at a date of $100 per day from a period of August 23rd, 2024, to November 20th, 2024, 90 days, for a total fine amount of $9,000. Fines continue to accrue. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing, 59.28. Total fine amount of $9,059.28. November 20, 2024 Page 83 CHAIRMAN KAUFMAN: Okay. What's the size of this property? MR. OWEN: I don't know that off the top of my head, sir. MR. IANDIMARINO: It's five acres. CHAIRMAN KAUFMAN: Okay. It's five acres. And how much was cleared? MR. OWEN: They just started the process, so they just started off of Smith Road, so it wasn't very much. I don't even know the exact square footage off the top of my head. CHAIRMAN KAUFMAN: And it was done with heavy equipment? MR. OWEN: No, I don't believe so. MR. ALBERTO FLORES: We did a small amount of cleaning with big machinery. CHAIRMAN KAUFMAN: With machinery. MR. OWEN: There you go. MR. IANDIMARINO: If you could, please have him speak, even in Spanish, into the microphone, then you can please relate from there. Thank you. MR. ALBERTO FLORES: We used big machinery to move trees that had fallen down from a hurricane that passed by. CHAIRMAN KAUFMAN: Okay. If that was a tree that came down because of the hurricane, does that come in without needing a permit? Jeff? MR. LETOURNEAU: I'm looking at pictures from the case, it looks like a lot more than some trees that fell down from a hurricane. So we're past that part. We're into the imposition. CHAIRMAN KAUFMAN: I understand. MR. DALE FLORES: He cleaned up an area of 10 feet around the area where the -- in the part in the front where the tree fell down, he cleared an area of 10 feet. November 20, 2024 Page 84 CHAIRMAN KAUFMAN: Okay. We heard this case, so we're not going to rehear it. But what is his plans going forward? MR. ALBERTO FLORES: We've already sent a permit to build a house there, and we recently sent it in, but we have to fix a couple of errors that we were just told of right now, so that's currently where we're at right now. CHAIRMAN KAUFMAN: Okay. Because if you have a permit for a dwelling, you can clear up to one acre. MR. ALBERTO FLORES: Okay. We've already submitted an application for a permit for a house permit, and the company that we're working with is currently trying to fix the corrections or trying to currently fix the errors and trying to correct them so we can be in compliance. CHAIRMAN KAUFMAN: Okay. Jeff, am I correct, if they pull that permit, this goes away? MR. LETOURNEAU: I'm looking at the aerial. A lot of the property has been cleared, whether or not it was during the time that he got caught clearing it at that point. So I can't say that a house will alleviate the whole violation. But you want to get back to his claim that there was a house permit? MR. OWEN: So he did show me a document today for a house permit. It is not associated with the folio for this code case. It does, when you look it up, say that it is entered in error, and then they do have a fence/wall permit that has been rejected for that folio. We only have a folio for this case due to the fact that it is an unimproved lot, so there is no address currently. MR. LETOURNEAU: So there's no record -- I'm looking at it in our file here -- of a permit being applied for for this particular property for a house right now. MR. OWEN: That is correct. CHAIRMAN KAUFMAN: Okay. November 20, 2024 Page 85 MR. IANDIMARINO: Sir, into the microphone. MR. ALBERTO FLORES: We were told by you guys in February that we were -- we had to take out a permit for a house, and so that's what we're doing now, because last time when we came here, we came here with a permit for the fence, but we were told that that wasn't what we needed, and we were told that we were -- we needed a permit to build a house there to be able to clear our land. MR. OWEN: Yeah. The permit I was shown today was applied for on the 13th of this month. CHAIRMAN KAUFMAN: Okay. Now, the permit that was pulled for a house that has not been accepted yet is for a particular part of the five acres; am I correct? MR. LETOURNEAU: That's correct. That would alleviate one acre of clearing. CHAIRMAN KAUFMAN: In that folio. MR. LETOURNEAU: For that -- for that house, yes. CHAIRMAN KAUFMAN: But the place that was cleared is not in that folio? MR. LETOURNEAU: Yeah, it's in that folio. MR. AYASUN: Okay. MR. OWEN: From the permit that he showed me today for a dwelling does not come back to the folio that we are here for today. So the permit he thinks he applied for is not coming back to the folio. MR. LETOURNEAU: Yeah. There's no record of a house permit in our records for this particular piece of property. CHAIRMAN KAUFMAN: Just a permit for a fence or something? MR. LETOURNEAU: A rejected permit for a fence and an agricultural clearing permit that never got approved at any point. So basically right now -- and I'm just going to -- CHAIRMAN KAUFMAN: Go ahead. November 20, 2024 Page 86 MR. LETOURNEAU: I don't recall exactly what was said at the last hearing; however, I believe it was probably, "Hey, if you get a house permit, that would alleviate some of the clearing violation." Whether or not it's going to alleviate all of it would be up to Environmental to take a look at it at that point; however, it would alleviate clearing of an acre of that five-acre plot. But looking at the aerial, it looks like you might have more clearing than just one acre of that piece of property. (Conversation in Spanish.) MR. ALBERTO FLORES: We didn't do anything else to the property other than what was stated at the beginning. MR. DALE FLORES: And he says that he has photos that shows that. MR. LETOURNEAU: Well, I mean -- MR. OWEN: We're not here for that today. MR. LETOURNEAU: Right. I mean, I have an aerial right in front of me. I'm looking at, you know, a lot of -- a lot of clearing on this property, so -- if you want to take a look at it right here. Obviously, the circled areas right here are from the recent machinery on there. But you've got to account for the whole five acres, not just -- not just what was cleared at that particular time that we took you to the hearing. MR. ALBERTO FLORES: (In English) No, I never cleared this much, uh-uh. MR. LETOURNEAU: I'm not saying that you did, but it was done at some point of the property's history. We're not here to rehear the hearing, all right? Basically, you need to either pull enough permits, a house permit, a fence permit or whatnot, to alleviate the clearing, or you're going to have to replant the whole property. That's your options right now. November 20, 2024 Page 87 (Conversation in Spanish.) MR. DALE FLORES: He's asking what permits should he file to be able to be in compliance with everything today. CHAIRMAN KAUFMAN: I can't answer that. MR. LETOURNEAU: Well, I'm going to say that -- and I want to add another option for you. If you get -- if you convert this into a purely agricultural property, that would allow you to clear certain areas also. You know, if you're growing crops, if you have animals on there, if you've got some kind of -- anything to do with farming, there's a state Right to Farm Act that will alleviate clearing on agricultural property up to a certain amount. So that's your other option is either build enough on this property to allow the clearing on the property, replant the property, or try to get some form of agricultural use on this property. MR. DALE FLORES: Okay. He said that he's going to try to be in compliance by taking out the permits, and he's also going to be replanting some of the things. CHAIRMAN KAUFMAN: Okay. Lee has a question. BOARD MEMBER RUBENSTEIN: Yeah. Is this gentleman working with a licensed contractor to build this new home? (Conversation in Spanish.) BOARD MEMBER RUBENSTEIN: Jeff, wouldn't the contractor put in for the permits for this? THE COURT REPORTER: Wait, wait, wait. Can you let him interpret, please? BOARD MEMBER RUBENSTEIN: Excuse me? THE COURT REPORTER: Can you let him interpret his answer? MR. ALBERTO FLORES: Yeah. We're currently working with a company called Atlantic Construction that is currently helping us with all the permitting and to build a house. November 20, 2024 Page 88 BOARD MEMBER RUBENSTEIN: Okay. My other question is, how long has he owned the property? And when he bought the property, were there trees removed prior to him buying it? MR. DALE FLORES: He's saying that we've had this property for around two years and that he did buy the property with some of the land cleared because apparently there was a fire that occurred there. BOARD MEMBER RUBENSTEIN: Prior to him buying it? MR. DALE FLORES: Prior to him buying it, yes. MR. OWEN: Board, can we get back to the simple fact of we're here for an imposition of fine? MR. LETOURNEAU: And due to the fact that whatever avenue this gentleman wants to take, it's going to take a lot of time, we have no objection to any kind of continuance at this point; however, if he came back after this particular continuance, he would -- we would like to see some progress in whatever direction he takes. CHAIRMAN KAUFMAN: I agree. Do you want to grant a continuance, John? BOARD MEMBER FUENTES: Yeah. I mean, what is the -- you guys want to do 160 days? CHAIRMAN KAUFMAN: Hundred and eighty, yeah. BOARD MEMBER FUENTES: Hundred and eighty? CHAIRMAN KAUFMAN: Yeah. BOARD MEMBER FUENTES: All right. I'll make a motion to grant 180 days as a continuance. CHAIRMAN KAUFMAN: Operational costs, 59.28? BOARD MEMBER FUENTES: And that today's operational costs of 59.28 do get paid within 30 days. BOARD MEMBER AYASUN: Second. MR. ALBERTO FLORES: Okay. November 20, 2024 Page 89 CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. THE COURT REPORTER: Can I get your names? MR. DALE FLORES: Dale Flores and Alberto Flores. MS. BUCHILLON: Next case, No. 8, CESD20230008967, Ramiro Trevino. 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. PACKARD: I do. MR. TREVINO: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please? MR. TREVINO: Yes, Alberto Trevino. CHAIRMAN KAUFMAN: Okay. Jason, do you want to read this into the record for us? MR. PACKARD: Yes, sir. For the record, Jason Packard, Collier County Code Enforcement. Past orders: On April 25th, 2024, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6363, Page 872, for more information. November 20, 2024 Page 90 The violation has not been abated as of November 20th, 2024. Fines have accrued at a rate of $100 per day for the period from August 24th, 2024, to November 20th, 2024, 89 days, for a total fine amount of $8,900. Fines continue to accrue. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing, 59.28. Total amount, $8,959.28. CHAIRMAN KAUFMAN: Okay. Sir? MR. TREVINO: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. TREVINO: I just want to let you know we're working on this. The last time I was here, I had already actually hired my own spot surveyors. I mean, I was on the ball. And again, the person that's working on this is Octavio from ASA Engineer -- ASA Designs. I've been on them time and time again to get these plans. We did file for a permit. That is in there. We're in revision, as I've been there three times a week trying to get these guys to get the revisions taken care of. This morning as we're sitting here, probably about 30 minutes ago, they finally came through. So I have the revisions already. They were just e-mailed to me, so I'm just going to submit them and go back and see what else -- see if I can get the permit approved. CHAIRMAN KAUFMAN: Okay. So about how long do you think this is going to take? MR. TREVINO: If I could have 60 days, I think we should be fine. I mean, we're ready to go. It's just a matter of the county approving the permits. And electricians are ready to go. I mean, we have everything ready. As long as everything's approved, I mean, we're ready to go. CHAIRMAN KAUFMAN: So everything is built? MR. TREVINO: Yes, sir. November 20, 2024 Page 91 CHAIRMAN KAUFMAN: All you're doing is getting it permitted? MR. TREVINO: Right. Part of the revision is one of the -- is concrete. I can't pour the concrete until I get an inspection done. And so that's all I'm waiting for. So it's formed; it's ready for them to come and look at it. And then like I said, if I could get -- I think we could get it done in 30. If I could get the county to approve it, we can get it done in 30. But to be -- the holidays are coming, so who knows if, you know, the 30's going to be enough. So if you guys want to go 60, 90, I'm for whatever you guys would give me. I appreciate it. BOARD MEMBER FUENTES: I'm going to go ahead and make a motion that we go ahead and grant you a continuance of 90 days; however, today's operational costs of 59.28 do need to be paid within the next 30 days. BOARD MEMBER AYASUN: Second. MR. TREVINO: Okay. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. BUCHILLON: I'm sorry. Sir, you say your name was Alberto? November 20, 2024 Page 92 MR. TREVINO: Yes. MS. BUCHILLON: Okay. You're the brother, right? MR. TREVINO: Yes. MS. BUCHILLON: Okay. MR. NOELL: And you have authority from your brother, Ramiro, to speak on his behalf? MR. TREVINO: Yes. MR. NOELL: Okay. MR. TREVINO: That's already been filed. Okay, thank you. Have a great day. MR. PACKARD: Thank you. MS. BUCHILLON: Last case, No. 10, CESD20220008132, Dominica G. Valdez Soto. CHAIRMAN KAUFMAN: Jeff, you want to read it in -- THE COURT REPORTER: Do you swear or affirm you will translate everything from English into Spanish and Spanish into English to the best of your ability? MS. GARCIA: I do. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. LETOURNEAU: I do. MS. VALDEZ: I do. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us? MS. GARCIA: Maria Garcia. MS. VALDEZ: Dominica Valdez. CHAIRMAN KAUFMAN: Are you translating or... MS. GARCIA: Yes, I'm translating. CHAIRMAN KAUFMAN: Okay. Jeff, do you want to read it into the record for us? November 20, 2024 Page 93 MR. LETOURNEAU: I do. For the record, Jeff Letourneau, Collier County Code Enforcement. Past order: On June 22nd, 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, OR6271, Page 3882, for more information. The violation has been abated as of October 28th, 2024. Fines and costs to date are as follows: Fines have accrued at the rate of $25 per day for the period between October 21st, 2023, to October 28th, 2024, total of 374 days, for a total fine amount of $9,350. Previously assessed operational costs of 59.28 have been paid. Operational costs for today's hearing, 59.28. Total amount of fines, $9,409.28. The gravity of the violation was not a health-and-safety issue. The actions taken by the violator were to pull Permit PRFH20220945539, get it inspected, and obtain the final. No previous violations committed by the violator. No other relevant factors. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? BOARD MEMBER FUENTES: Yeah, I'll make a motion. I'm going to make a motion that the county's fines get reduced to $200 and that today's operational costs of 59.28 get paid in 30 days. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. November 20, 2024 Page 94 CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER FUENTES: She understood everything? Two hundred dollars to be paid -- well, the total's going to be $259.28 to be paid within 30 days. MR. VALDEZ: Okay. Thank you. MS. GARCIA: Thank you. MR. LETOURNEAU: Thank you. BOARD MEMBER FUENTES: It's hard to talk slow, man. It's a workout. You have to breathe numerous times. Terri has me working out over here. CHAIRMAN KAUFMAN: Do we have anything else on our agenda? MS. BUCHILLON: No, no other cases, just the ending of the agenda, to consent [sic] the cases to forward to County Attorney's Office. CHAIRMAN KAUFMAN: Can we get a motion for that? BOARD MEMBER AYASUN: So moved. CHAIRMAN KAUFMAN: Okay. We have a motion. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER JOHNSON: Aye. CHAIRMAN KAUFMAN: Opposed? November 20, 2024 Page 95 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER AYASUN: What's the date of the next meeting? CHAIRMAN KAUFMAN: January -- MS. BUCHILLON: January 23rd, 2025. CHAIRMAN KAUFMAN: Okay. And you sent out the whole years’ worth of meetings? MS. BUCHILLON: Yes, I did. I'm pretty sure I did. CHAIRMAN KAUFMAN: Okay. We are adjourned for the rest of the year. ******* ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :42 a.m. CQ NFORCEMENT BOARD aJ `-- 0 ERT FMAN, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER These minutes approved by the Board on . azs; as presented V or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.