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CEB Minutes 01/23/2025January 23, 2025 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, January 23, 2025 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 (Absent) ALSO PRESENT: Tom Iandimarino, Code Enforcement Director Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Kevin Noell, Attorney to the Board January 23, 2025 Page 2 CHAIRMAN KAUFMAN: Good morning. I'd like to call the Code Enforcement Board to order. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. Okay. Can we get everybody to stand for the pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Helen, why don't we start with the roll call. MS. BUCHILLON: Sure. Good morning. For the record, Helen Buchillon. Sorry. 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? BOARD MEMBER RUBENSTEIN: Here. MS. BUCHILLON: Mr. Tarik Ayasun? BOARD MEMBER AYASUN: Here. MS. BUCHILLON: Mr. Bart's is not here yet. Mr. Kevin Johnson has been reassigned to Contractors Licensing, so he's no January 23, 2025 Page 3 longer with the code board. CHAIRMAN KAUFMAN: Do we get trade for something? MS. BUCHILLON: No. Hopefully we get somebody new. CHAIRMAN KAUFMAN: Okay. Okay. I'm sure everybody's read the minutes. Anybody have any changes to the minutes? (No response.) CHAIRMAN KAUFMAN: If not, I'll take a motion to accept the minutes. BOARD MEMBER AYASUN: So moved. CHAIRMAN KAUFMAN: Second? BOARD MEMBER ELROD: Yes. CHAIRMAN KAUFMAN: Seconded. 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Which brings us to the agenda. MS. BUCHILLON: The agenda. We have some changes. We have one stipulation under hearings. Number 11, CESD20240002270, Yenny Rodriguez Pino and Rockny Garcia Rodriguez. And now we're going to go with the withdrawns. Under motions, motion for extension of compliance deadline, No. 6, CESD20230009015, Lisa Maria Silverman Estate, in care of Lori Ann Doucette, has been withdrawn. January 23, 2025 Page 4 Number 7, CESD20240002793, Louisette Beauplan, has been withdrawn. Under hearings, No. 2, CESD20240000289, Marie L. Jules Estate, has been withdrawn. Number 3, CESD20220008130, Marina Nikolic, has been withdrawn. Number 4, CESD20240005303, Donnett A. Anderson, has been withdrawn. Number 10, CESD20240006468, Alex Marcial, has been withdrawn. Under motion for imposition of fines and liens, No. 5, CEPM20240002894, Pacific Laurel Ridge, LLC, in care of Pacifica Companies, LLC, has been withdrawn. Number 8, CEVR20230008310, Joseph Lawrence Williams, has been withdrawn. Number 13, CESD20210002415, Melva Padilla and Nazaria Angelica Nunez, has been withdrawn. Number 14, CESD20220005165, Gene Nailon and Maylin Nailon, has been withdrawn. Number 15, CESD20220010928, Gene Nailon and Maylin Nailon, has been withdrawn. And those are all the changes for now. CHAIRMAN KAUFMAN: Okay. Can I get a motion to approve the modified agenda. BOARD MEMBER FUENTES: Make a motion to approve the modified agenda. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. January 23, 2025 Page 5 CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Are we going to start with the stips today or -- MS. BUCHILLON: We have one stip. So if you want to do the stip, and then we'll do the extensions, it's up to you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Do you want to try that? CHAIRMAN KAUFMAN: Let's do the stips. MS. BUCHILLON: Okay. CHAIRMAN KAUFMAN: Number 11. MS. BUCHILLON: First case up under hearings, No. 11, CESD20240002270, Yenny Rodriguez Pino and Rockny Garcia Rodriguez. 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. MARINO: I do. CHAIRMAN KAUFMAN: Good morning. MR. MARINO: Good morning. CHAIRMAN KAUFMAN: Happy New Year. MR. MARINO: Happy New Year. CHAIRMAN KAUFMAN: Would you like to read this into the record for us, the stipulation? MR. MARINO: I absolutely would. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.35 incurred in the prosecution of this case within 30 days of this hearing. January 23, 2025 Page 6 Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy to either keep or remove all unpermitted improvements within 60 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, shut off all unpermitted electrical power source to the unpermitted construction additions, and it is to remain off until such is validated to be safe with a licensed electrician's report of inspection, or a valid building or demolition permit and related inspections within three days of this hearing, or a fine of $250 per day will be imposed until the violation is abated; Four, respondents must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Five, that the respondent's -- that if the respondents fail to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Let the record reflect that the respondent is not present. Helen, you've sent notification out? That was a yes? Okay. MS. BUCHILLON: I'm sorry. Yes, we did. CHAIRMAN KAUFMAN: Okay. Good. BOARD MEMBER CURLEY: I have a question for the county. MR. MARINO: Yes, ma'am. BOARD MEMBER CURLEY: So this says the original date of the letter was April 4th of last year. Is it -- obviously, this is why they're here. January 23, 2025 Page 7 MR. MARINO: Yes, ma'am. BOARD MEMBER CURLEY: Is there a reason why? Is the house vacant or something? Is there a reason why it's been -- I mean, we're giving them -- it will be a whole year now. MR. MARINO: They've been working on permits. They've had them open, and they have removed the occupied garage. Occupancy has ended, and the improvements in there are pulled out. Just the demo permit's not completed yet. BOARD MEMBER CURLEY: Okay. So just a few. All right. Thank you. MR. MARINO: Yes, ma'am. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? BOARD MEMBER ELROD: Make a motion we accept the stipulation as written. BOARD MEMBER FUENTES: Second. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. MARINO: Thank you. CHAIRMAN KAUFMAN: Okay. Helen, where would you January 23, 2025 Page 8 like to go next? MS. BUCHILLON: I have a change to the agenda. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: We have some withdrawns. Under hearings, No. 7, CELU20240008325, Jose E. Congas and Niurka N. Diza, has been withdrawn. Number 8, CEV20240009101, Jose E. Congas and Niurka N. Diza, has been withdrawn. And No. 19, CEAU20240009102, Jose E. Congas and Niurka N. Diza, has been withdrawn. CHAIRMAN KAUFMAN: It's a good thing I don't have to read the names. MS. BUCHILLON: I know. CHAIRMAN KAUFMAN: Okay. If I can get a motion from the Board to accept the change in the agenda. BOARD MEMBER AYASUN: So moved. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: And seconded. 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. A couple more withdrawns, and we can go home. MS. BUCHILLON: No, it looks like another stip. CHAIRMAN KAUFMAN: Okay. January 23, 2025 Page 9 MS. BUCHILLON: Under hearings, No. 6, CESD20240002851, Jorge Almaral Cordovas. 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. ABREU: Yes. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PATTERSON: Yes. MR. ALMARAL: Yes. CHAIRMAN KAUFMAN: What are we doing now, Helen? Is this the stip? MS. BUCHILLON: Yes, sir. I was putting into the record, but -- CHAIRMAN KAUFMAN: Okay. I just want to stay on the same page. THE COURT REPORTER: Can I get your name? MS. ABREU: Yonella Abreu. CHAIRMAN KAUFMAN: Good morning. MS. PATTERSON: Good morning. CHAIRMAN KAUFMAN: Happy New Year to you. MS. PATTERSON: Happy New Year to you. CHAIRMAN KAUFMAN: Okay. Do you want to read the stip into the record for us, Sherry? MS. PATTERSON: I do. Sherry Patterson, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; January 23, 2025 Page 10 Number 2, abate all violations -- obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion/occupancy to either keep or remove the unpermitted garage conversion, the front porch/lanai conversion, and electrical utility pole within 120 days of this hearing or a fine of $200 per day will be imposed until the violation has been abated; Number 3, shut off all unpermitted electrical power source to the unpermitted constructed additions, and it is to remain off until such time it is validated to be safe with a licensed electrician report of inspection of a valid building or demolition permit and related inspections within 14 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 4, respondents 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 in [sic] 24 hours prior to a Saturday, Sunday, or legal holiday, the notification must be made on the next day that is not a Saturday, Sunday, or legal holiday; Number 5, if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: Sherry, I have a quick question. So we have a full-size bathroom with no permit, we have numerous sewer lines coming out of these bathrooms, garage, lanai, we have electrical pole for an RV connection, a 900-gallon septic tank all without a permit that were installed. We're giving him 14 days to correct this by turning off the power. Why so many days? MS. PATTERSON: Well, right now -- January 23, 2025 Page 11 BOARD MEMBER FUENTES: Seeing as it's a health-and-safety issue, I feel that the 14 is a little much. MS. PATTERSON: Okay. He actually -- the septic tank has been removed. BOARD MEMBER FUENTES: Okay. MS. PATTERSON: The electrical power source to the RV has also been removed. BOARD MEMBER FUENTES: Perfect. MS. PATTERSON: He does have to get a demolition permit to have had removed that electrical source. But, yes, he still has power to both of the bathrooms. BOARD MEMBER FUENTES: But the other things have been corrected then? MS. PATTERSON: Yes. BOARD MEMBER FUENTES: All right. Perfect. I'll make a motion to accept the stipulation. BOARD MEMBER CURLEY: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. Anybody want to comment on the motion? (No response.) CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. One opposed. Okay. Sir, you understand all the provisions that are being required? January 23, 2025 Page 12 MR. ALMARAL: Yes. CHAIRMAN KAUFMAN: Okay. That's it. MS. PATTERSON: Thank you. THE COURT REPORTER: And his name? MS. ABREU: Jorge Almaral Cordovas. MS. BUCHILLON: Next case, we have an attorney here. It's under motion for imposition of fines and liens, No. 17, CESD20210011051, Naples Preserve Villas, LLC. BOARD MEMBER CURLEY: Did you say No. 1, Helen? MS. BUCHILLON: Number 17. 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. CASTILLO: Yes, ma'am. MR. JOHNSON: I do. MR. IANDIMARINO: I do. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: Good morning. CHAIRMAN KAUFMAN: Good morning. BOARD MEMBER FUENTES: Good morning. MR. JOHNSON: For the record, John Johnson, Collier County Code Enforcement. Past orders of the Board, on March 24th, 2022, 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, OR6130, PG 2931 for more information. On May 26th, 2022, November 18th, 2022, and February 23, 2023, the Code Enforcement Board granted a continuance. See the attached orders of the Board in Documents and Images for more information. January 23, 2025 Page 13 The violation has been abated as of April 15th, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of $550 per day for the period from April 14, 2022, to February 23, 2023, 316 days, for a total fine amount of $173,800. Previously assessed operational costs of $59.35 have been paid. Posted bond in the amount of $175,000 -- or this bond was posted on March 22, 2023. Operational costs for today's hearing are $59.91. Total amount $173,859.91. The gravity of the violation: The violation was considered health and safety. It has been corrected. Any actions taken by violator to correct: Three demolition permits were obtained and finalized for removing the three unfinished structures on this property. Previous violation committed by the respondent/violator: None. Any other relevant factors: As of January 23rd, 2024, there is a new property owner. Following the change in ownership, the violations were promptly addressed. CHAIRMAN KAUFMAN: Okay. Tom, do you want to talk? MR. IANDIMARINO: I do. For the record, Tom Iandimarino, director of Code Enforcement. This is a unique situation with the bond. It's the only time we've ever had a -- in -- well, prior to my arrival, this bond was established. But speaking to the staff, there were no -- never a bond in place before, so this is a unique situation. So obviously, we're going to -- we want the Board to -- it's not your jurisdiction, but we want you to know that we're going to release the bond. That's not a problem, because the violation is abated. But we still have the imposition out there. Kyle -- I forget your last name. Sorry, sir. MR. CASTILLO: Castillo. January 23, 2025 Page 14 MR. IANDIMARINO: -- Castillo is representing the new owner. The new owner has done quite a bit of work. When did you guys purchase the property, sir? MR. CASTILLO: We purchased the property -- or closed on the property at the end of January in 2024. MR. IANDIMARINO: And you got three demo permits. When did you get those? MR. CASTILLO: It took approximately two weeks to go through Collier County permitting, two to three weeks. Pulled the permits towards the mid time, February 2024. Closed the permits out in April of 2024. MR. IANDIMARINO: So roughly 90 days you demoed the buildings. MR. CASTILLO: Roughly 90 days from closing, we pulled the permits and demoed the buildings and finaled out the permits. MR. IANDIMARINO: Which is -- which is, as you guys know on this board, 90 days is pretty quick for what we see here sometimes. So I look at that -- and what else have you guys done towards the development of this new community? MR. CASTILLO: Since that time, we've re-platted the community. It has been approved through Collier County. We are waiting on addressing. We will be going in for master permits probably the middle of February, because we don't have addressing yet, and you can [sic] master permit without addressing. Once we get the permits and the addressing, then we can pull individual permits. We have started -- well, not started. We have removed all the underground water piping that was installed in violation. We have started putting in new underground water piping through Collier County Utilities and meeting with them and their approval, and we January 23, 2025 Page 15 have started the cleaning out of the sewer lines that were previously installed that they have stated to date we can leave in place. MR. IANDIMARINO: So all that doesn't come cheap, obviously. So, you know, looking at this, you know, the county usually wishes to impose, and I like to impose as much as I can all the time, because that's what I'm asked to do. I look at this and I go, Mr. Chairman, they've done quite a bit of work in this one. The previous owner did what they said they were going to do by abating the violation. The way they abated it was selling the property to somebody else who did all the work. But that -- they're on the hook for the bond of which we're going to release because there's no need to retain the bond because the violation is abated. To place Mr. Castillo's company on the hook for this is, I think, a little bit outside of what we're looking at. But it does -- that is your discretion at the Board, and I leave it at that. BOARD MEMBER FUENTES: What Tom wants us to do is impose the fines. BOARD MEMBER CURLEY: No, we're going to double it for you. MR. CASTILLO: By all means. I wouldn't expect anything else less for me. CHAIRMAN KAUFMAN: I have a question. This thing was resolved in April. MR. IANDIMARINO: If you look at the order, the order says to bring it back on or about February 23, 2025. That's kind of a -- we did try to bring it back in September. We took it off the September docket, or agenda, and ended up bringing it back now to kind of get close to the order. CHAIRMAN KAUFMAN: No. My question is, on the imposition, it says the violation has been abated as of April 15th, January 23, 2025 Page 16 2024. MR. IANDIMARINO: Correct. Your question is why didn't we bring it back in May or June? CHAIRMAN KAUFMAN: Yeah, or March. MR. IANDIMARINO: We tried to bring it back in September, but we kind of ran into a couple hiccups on a couple questions, so we weren't certain, because the order says to bring it back on or before or around February of 2025. So we tried to get close to the order to bring it back at that time. BOARD MEMBER CURLEY: There's no rush because the stip doesn't expire till next month. MR. IANDIMARINO: Correct. This is before the stipulation, right. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: Well, I think you took a big risk buying it with all this fringe. So I make a motion to deny the county's imposition of fines. BOARD MEMBER FUENTES: Second. BOARD MEMBER CURLEY: Including the operation operational costs, deny, deny. CHAIRMAN KAUFMAN: We have a motion. Any discussion on this case? BOARD MEMBER RUBENSTEIN: Yeah. I have a couple questions, sir. CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: Counsel, have you ever reviewed this bond to see what it does pay and what it doesn't pay? MR. NOELL: I have not. That's outside of the purview of this board. It's a bond -- my understanding it's a bond held by Collier County, not by Collier County Code Enforcement Board. So it wouldn't -- it would be beyond my representation of the Board to be January 23, 2025 Page 17 involved with the bond side. Our -- my concern from advising the Board, and I think the Board's jurisdiction, would just be whether to impose a fine, if so, how much, or to not impose a fine, and the bond is really a side issue as to this board. BOARD MEMBER AYASUN: Right. BOARD MEMBER RUBENSTEIN: Okay. CHAIRMAN KAUFMAN: I have one question. The fines that have been imposed, did they stop accruing on April 15th? MR. IANDIMARINO: No. The fines stopped accruing when the bond -- in February of 2023 when the bond was negotiated. Therefore, if they did not come into compliance within two years of the bond, or of that date, then the bond would become the county's bond. Basically, that would -- the $175,000 would cover the 173- and change that's on -- that had accumulated up to that day. CHAIRMAN KAUFMAN: Okay. Okay. Well, we have a motion. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And we have a second. Late breaking -- BOARD MEMBER RUBENSTEIN: Can you reread the motion, please. BOARD MEMBER CURLEY: My motion was to deny the county's imposition of fines, including the operational costs. So deny everything. Zero. BOARD MEMBER FUENTES: Second. BOARD MEMBER CURLEY: It's a subdivision out off of -- just east of 951. It's a big job, and it's -- we're thankful that somebody -- MR. CASTILLO: And it sat stagnant for quite a while. BOARD MEMBER CURLEY: Ugly, yeah. CHAIRMAN KAUFMAN: Okay. Any other questions? January 23, 2025 Page 18 BOARD MEMBER AYASUN: Nope. CHAIRMAN KAUFMAN: Okay. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. MR. IANDIMARINO: Thank you, Mr. Chairman. CHAIRMAN KAUFMAN: Okay. You want to hold the conversations down, okay. Okay. One. MS. BUCHILLON: Hi. We have a change to the agenda, another stipulation. Under hearings, No. 5, CEV20240004700, Adienou Cherubin and Enithe Cherubin Mortimer and Exerline Cherubin. THE COURT REPORTER: Do you swear or affirm you will translate everything from English into Creole and Creole into English to the best of your ability? MS. CHERUBIN: Yes. THE COURT REPORTER: And what is your name? MS. CHERUBIN: Exerline Cherubin. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MS. MORTIMER: Yes. MR. CHERUBIN: Yes. CHAIRMAN KAUFMAN: Would you like to read the January 23, 2025 Page 19 stipulation into the record for us, please. MR. HOLMES: Yes, sir. For the record, Bradley Holmes, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County demolition permits, inspections, and certificates of completion/occupancy to remove the air conditioning units and return the recreational vehicle to operable condition within 90 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Good morning. MS. CHERUBIN: Good morning. CHAIRMAN KAUFMAN: Do you understand the stipulation he just read? MS. CHERUBIN: Yes. CHAIRMAN KAUFMAN: And no problem? MS. CHERUBIN: No. CHAIRMAN KAUFMAN: You can -- you'll take care of it? MS. CHERUBIN: Everything he said is true, yeah. CHAIRMAN KAUFMAN: Okay. Okay. Anybody want to January 23, 2025 Page 20 make a motion from the Board? BOARD MEMBER ELROD: I'll make a motion to accept the stipulation as written. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Okay. I have a motion and 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. MORTIMER: You're welcome. MS. CHERUBIN: Thank you. CHAIRMAN KAUFMAN: So we didn't have to change the agenda on that? MS. BUCHILLON: I added it to the agenda, but he wanted me to call it twice. CHAIRMAN KAUFMAN: It's done. MS. BUCHILLON: Next, under motions, motion for extension of compliance deadline, No. 1, CESD20230008412, Marcelo Castillo and Mireya Farrada Yanez. 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. LOPEZ: Yes. THE COURT REPORTER: Do you swear or affirm the January 23, 2025 Page 21 testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. RODRIGUEZ: I do. MR. CASTILLO: I do. MS. FARRADA: Yes. THE COURT REPORTER: I need to get their names first. MR. LOPEZ: Osbaldo Lopez. THE COURT REPORTER: Can you spell it? MR. LOPEZ: O-s-b-a-l-d-o, L-o-p-e-z. THE COURT REPORTER: And their names? MR. LOPEZ: Mireya Farrada. MS. FARRADA: Mireya Farrada. MR. CASTILLO: Marcelo Castillo. MS. RODRIGUEZ: Good morning. BOARD MEMBER AYASUN: Good morning. MS. RODRIGUEZ: For the record, Marie Rodriguez, Collier County Code Enforcement. So we're here today because the property owners are requesting more time on their code case. CHAIRMAN KAUFMAN: When did this case begin? MS. RODRIGUEZ: We went to hearing on June 27th -- I'm sorry. Let me get this. We went to hearing on July 27th, 2024. They did do Part 2, which was to turn off the electrical part on October. And they did apply for a permit for one of the structures, although it is in rejection status. And, really, that's where we are right now. BOARD MEMBER FUENTES: When did it get rejected? MS. RODRIGUEZ: It got rejected in October. They applied in August for that one permit, and it got rejected in October. BOARD MEMBER CURLEY: There's no demo permits? MS. RODRIGUEZ: No. January 23, 2025 Page 22 CHAIRMAN KAUFMAN: Okay. So since -- you're done, Maria? MS. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: Okay. Your turn to speak. MR. LOPEZ: The problem is that -- what she told me is, they had one company right now they're working to submit other permits because they don't know how to do it. And then this company working to prepare all the documents to submit to the Collier County -- to the Collier County to see when they approve it. They already finished some violations was on the house because when they buy the house, it was like this. They don't know what they need to do, and then they need the architect to do all the plan, all this to fill it out, what is the problem on there, you know, to finish all the violation and fill it out, the permits. CHAIRMAN KAUFMAN: Basically, this started last summer, and you've turned the electric off in the addition, but that's about it. (Conversation in Spanish between the interpreter and Ms. Farrada.) MR. LOPEZ: They closed the entry for Everglades Boulevard and then another driveway on the 18th Avenue, they already remove it. And right now they submit the permit for the new driveway for 18th Avenue. That one is in the process right now in the city. They already get the first permit that's in. They already approve it, and then only waiting for making the concrete on the sides and then put the asphalt and then finish to the last inspection. CHAIRMAN KAUFMAN: What the county's saying is that the permit was not approved. It's in rejected status, which means there's no permit. MR. LOPEZ: Which one, the driveway? MS. RODRIGUEZ: No, no, for the pole barn. MR. LOPEZ: Yeah, the pole barn is different. We talking January 23, 2025 Page 23 about the driveway. And then the pole barn, they start working on the architect to do -- the electrician to making all the plan and then to submit again. CHAIRMAN KAUFMAN: Okay. We're not here to hear the case now. We're only here to see if an extension of the compliance deadline is proper. Based on what I'm hearing, it's not proper because nothing really has been done. You have no -- you said the pole barn is not part of this agreement, but it's a violation. MR. LOPEZ: Yeah, right, but, you know, they submit another company to making all the documents. CHAIRMAN KAUFMAN: That's -- MR. LOPEZ: And then (unintelligible). They need the extension because what -- the guy, he's in charge for the permit right now, they said everything was in the city. When she arrive here this morning, because Maria talked to her yesterday -- or to him yesterday, and then they say, "Oh, no, no, something wrong." I don't know. BOARD MEMBER FUENTES: Let me ask a quick question here. Maria, did they at any point -- they inherited this property, correct -- MS. RODRIGUEZ: They did. BOARD MEMBER FUENTES: -- with all these violations present? They did not alter the property after-the-fact. MS. RODRIGUEZ: No, correct. And they are working with Octavio. BOARD MEMBER FUENTES: And they are -- BOARD MEMBER CURLEY: Who? BOARD MEMBER FUENTES: Who? MS. RODRIGUEZ: Octavio. BOARD MEMBER FUENTES: I make a motion to grant them January 23, 2025 Page 24 the extension. BOARD MEMBER ELROD: Second. MS. RODRIGUEZ: She has paid them quite a bit of money for them to get the permits that they need, but he hasn't moved. BOARD MEMBER FUENTES: Have you offered them any type of guidance towards perhaps other services maybe for that? MS. RODRIGUEZ: I talked to her today and told her that maybe it would be a good idea for her to seek someone else because he just -- I don't know. BOARD MEMBER FUENTES: Okay. MS. RODRIGUEZ: But anyways. I did talk to Octavio yesterday, and he did tell me that he has -- he has issues with the engineer. Something happened to the first engineer, and now he's got to get another engineer, so they've been having problems. That's why those permits aren't moving. BOARD MEMBER FUENTES: Same problem since '21. MS. RODRIGUEZ: Yeah. So I don't know. BOARD MEMBER FUENTES: Okay. BOARD MEMBER CURLEY: Do you understand we are familiar with this permit person that you've hired, and we know that it takes a very long time and often not happy endings with the relationship with the permitting company that you're using. BOARD MEMBER FUENTES: To the Board, I'd like to make a motion only -- to grant the extension only because they didn't do this themselves. They bought the property. I'm pretty sure they didn't even know it existed during the time. And she -- if the investigator is saying that they're -- you know, they're working within their means to try to get it into compliance, then I'm going to take the investigator's word and try to grant that. BOARD MEMBER AYASUN: How much extension? CHAIRMAN KAUFMAN: How much time is being January 23, 2025 Page 25 requested? MR. LOPEZ: Well, what Octavio say, they need around six months. BOARD MEMBER FUENTES: You should talk to Maria. MS. RODRIGUEZ: All right. So we only have one permit in the "apply" status with a rejection. The other structures, which the other carport and the shed -- the two sheds and the metal container, there's nothing for those. So Octavio was only working on that one permit, so I mean, she still has to get engineering for all the other stuff. BOARD MEMBER CURLEY: So can somebody -- could we find this -- like, we get cases back after a year or so, and then they've tried and tried and tried to permit things when we wish the best advice was that we let them know that it's probably just better to remove the structure instead of, you know, getting involved in stuff that they don't know about or be able to have the money to hire engineers and do all this. We give them the option in the stipulation to get a permit or to remove it, demolish it, and so people leave here with nice thoughts that they'll be able to just get it approved easily, and it's a very difficult process, and it's expensive. So I wish sometimes we could tell them, like -- MS. RODRIGUEZ: We did. We went through it, but she was adamant. You know, she paid a lot for her property. She wanted to keep it, because they use it. He has a commercial trucking business, so they use it, which, I mean, I understand. But I mean, I told her at one point it would probably be easier for you to tear down and rebuild because it would be cheaper. But I guess it was too much for them, I don't know. BOARD MEMBER CURLEY: Well, I mean, if you think of a pole barn, how would that ever be permitted as a garage, and it's being used as a garage, so... January 23, 2025 Page 26 CHAIRMAN KAUFMAN: So there is no permit that's been requested for the pole barn, or it has been? MS. RODRIGUEZ: For the pole barn, yes. All the other structures, no. CHAIRMAN KAUFMAN: Okay. So whatever -- but the request for the permit for the pole barn is in a rejected status? MS. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: So what Ms. Curley is saying is it certainly would be difficult if -- we have nothing. So would six months -- we'll be back here again, I guarantee it. BOARD MEMBER CURLEY: Yes. BOARD MEMBER FUENTES: You need to get a demolition permit. BOARD MEMBER CURLEY: If you continue the process with the person that you're getting aid with now, this will never resolve. BOARD MEMBER FUENTES: Can you explain that to her? MR. LOPEZ: The problem, they pay, like, Octavio gave for the permit -- BOARD MEMBER FUENTES: What I need you to understand -- MR. LOPEZ: -- like $11,000. BOARD MEMBER FUENTES: It's -- there's really no alternative. If she cannot get a -- if she cannot get a permit, she's going to have to get a demo permit. If she does not get the demo permit, she falls in violation. We have to impose, and we have to deny the extension. If I make a motion to grant her the extension of time, she needs to understand that walking out this door, she needs to go pull that permit. If not, she'll be back here in three, six, four, five months, and we're just going to impose the fines. She did not buy a home to January 23, 2025 Page 27 have a headache. I understand she purchased it. I understand she's investing money into Octavio. She needs to move in the proper directions and not be stubborn. That way she can come into compliance. And that's probably going to be beneficial if she listens to Maria. If Maria's telling her to do the following, she should probably listen to the investigator so that she doesn't come before the Board again. Because if I grant her the extension and we pass this motion and she comes back, it's not going to have the same result. You can't ask for continuous extensions if she's hoping for a difficult result and then sits in the same predicament with the pole barn. MR. LOPEZ: Yeah, but the problem is, you know, that one is taking time, and then also it's money. They made the investment in this because -- and something they never do. They never did this, and then they tried to figure it out step by step. BOARD MEMBER FUENTES: But she's giving you the solution. MR. LOPEZ: Yeah, maybe. Right now, when they finish, we talk to another girl to see what happened to try to move forward with the permit, but, you know -- CHAIRMAN KAUFMAN: I have a suggestion. Instead of six months, I'd like to do a period of time that's less and have them come back and let us know what's been done in that period of time. So, for instance, a three-month extension. Come back in three months, because we know it's not going to be done, and tell the Board what progress has been made. And if the progress that's been made is sufficient, then we can extend it even further. Because I don't think six months is going to do it either. BOARD MEMBER CURLEY: I think they should bring their permitting person with them next time you come. MS. RODRIGUEZ: I suggested that. I suggested she bring January 23, 2025 Page 28 him, but she said that he's busy. I don't know if he said no or what. CHAIRMAN KAUFMAN: This is another Octavio problem? MS. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: So if I wanted to drag something out for years, I'd just pick him for my contractor, and then I can come before the Board for years and years, and that's the excuse. It's Octavio. Then get rid of him. BOARD MEMBER CURLEY: How does he even have a license to work in our county? CHAIRMAN KAUFMAN: Yeah, that's a different story. BOARD MEMBER FUENTES: Let's not get into that. I like your idea. CHAIRMAN KAUFMAN: You like my idea? BOARD MEMBER FUENTES: I do believe she deserves an extension because she didn't make this problem happen; she bought into it. I agree we'll give her three months. That way we can see if she's made any progress. If there's no progress made and she hasn't even pulled a demo permit, then at that point I would not desire to grant another extension, I guess. That would be the way I feel. BOARD MEMBER AYASUN: Plus, I think they should continue talking to Maria. BOARD MEMBER FUENTES: And they need to listen to Maria. I think that -- I think that you guys need to really consult with Maria and listen to what she has to offer. She's here regularly. She's been here for years. She's a veteran in the game. She knows the people who work in it. If you're going to be stubborn and not listen to what she has to offer, then you're just going to be in the same mess. So that's the biggest advice that I can give you guys, just listen to what she's saying. You may not like it. I think you should probably listen to it. CHAIRMAN KAUFMAN: Okay. So you're modifying your January 23, 2025 Page 29 motion to three months instead of six months? BOARD MEMBER FUENTES: I'm modifying my motion to grant an extension of three months instead of six. BOARD MEMBER AYASUN: And I'm seconding it. CHAIRMAN KAUFMAN: And the second person agrees to it? BOARD MEMBER AYASUN: Yes. CHAIRMAN KAUFMAN: 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? Okay. You have three months. MR. LOPEZ: Thank you. CHAIRMAN KAUFMAN: Show some progress in three months and come up with an idea of when it will all be done, and then we work with you to get you in compliance. MR. LOPEZ: Okay. CHAIRMAN KAUFMAN: Okay? MR. LOPEZ: She asked is three months for progress or for finish all completed violations? BOARD MEMBER FUENTES: We want to see progress. CHAIRMAN KAUFMAN: Yeah, progress. We know it's not going to be done in three months. The Board thinks that it won't be done in six months. So giving you six months just brings you back here again. So three months we'll have a better idea of where we stand. January 23, 2025 Page 30 BOARD MEMBER FUENTES: And do understand, the officer's job is to help you guys obtain compliance once you're in violation. If you're choosing not to listen to the advice that she's giving you, (shrugs shoulders). CHAIRMAN KAUFMAN: Okay. MS. FARRADA: Thank you. MR. LOPEZ: Okay. CHAIRMAN KAUFMAN: Thank you. Okay, Helen. MS. BUCHILLON: Next case -- we're still under motions. We're going to do motion for continuance of imposition of fines and hearings. Number 1, CESD20220004521, German Diaz Sanchez and Taimi Nunez Martinez. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. CURL: I do. MS. CASTRO: I swear. CHAIRMAN KAUFMAN: You may want to pull the microphone down a little bit, or we'll get you something to stand on. MS. CURL: I think I'm good. CHAIRMAN KAUFMAN: Okay. Payten, I believe you're new to us. MS. CURL: I am. CHAIRMAN KAUFMAN: Okay. Well, welcome aboard. MS. CURL: Thank you. CHAIRMAN KAUFMAN: You'll find out that we don't bite...too many times. Okay. So why don't you let us know what the -- give us a summary of what's going on, and then we'll go to the respondent. MS. CURL: Well, before I start, I was under the wrongful January 23, 2025 Page 31 impression that she was the homeowner, but she is here to represent. I have the form. She has a text message authorization from the homeowner that she is speaking on their behalf, if you need to see that. CHAIRMAN KAUFMAN: No, that's fine. MS. CURL: Okay. Basically this case, she -- I was looking through it. This case just recently got transferred to me. She has been in very close contact with me and the previous investigator that was working on this case. It's actually a matter of her engineer getting screwed over because his seal got stolen and was being used for other permits during this time. Her permit was one of them. Her last inspection actually was on the 14th. It was the building final, and she did not pass as a result of this. But when I look, she has been doing constant inspections and passing all of them. It's just this final that we're having trouble getting over. CHAIRMAN KAUFMAN: How does someone steal that? BOARD MEMBER CURLEY: Oh, I can tell you. MS. CURL: Good question. BOARD MEMBER FUENTES: Have you done it before? BOARD MEMBER CURLEY: No. It's forgery. It happens a lot with notaries or any stamps. It's very common. CHAIRMAN KAUFMAN: Okay. And how much time is the respondent requesting? MS. CASTRO: Margie Castro. So we only need a couple weeks because we already sent the blueprints to another architect for signature. So that's it. CHAIRMAN KAUFMAN: So you think two months would be more than enough time? MS. CASTRO: That's plenty of time. CHAIRMAN KAUFMAN: Okay. I'll make a motion that we grant a two-month extension, and -- January 23, 2025 Page 32 BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: And it's seconded. Yes. MR. NOELL: Two-month continuance? CHAIRMAN KAUFMAN: Continuance, I'm sorry. MR. NOELL: Thank you, sir. CHAIRMAN KAUFMAN: Okay. 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. CASTRO: Thank you. MS. CURL: Thank you. CHAIRMAN KAUFMAN: Welcome aboard. MS. CURL: Thank you very much. MS. BUCHILLON: We're still under motions. Under motion for extension of compliance deadline, No. 2, CESD20180012140, Armando Yzaguirre. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. PATTERSON: I do. MR. YZAGUIRRE: I do. MR. WARIS: I do. CHAIRMAN KAUFMAN: Okay. Sherry, do you want to give us a little summary of this? January 23, 2025 Page 33 MS. PATTERSON: This is a case that -- it was for a supermarket. The case began in, like, 2018. And the supermarket has sat kind of vacant for all these years. There has been some submissions of site plans, and then it gets rejected, and then their corrections come, and then they're to correct it, and then they correct some of them, but then they come back and submit something else, and that gets another review and has to have more corrections. So it's been kind of an ongoing thing. And I know that they're trying to get this done. They did ask for an extension of time for reasons that they will explain to you. But yeah, we're at a juncture right now where the last thing that they did was they submitted a site plan, and that's kind of where it's at right now. The site plan was rejected, so... CHAIRMAN KAUFMAN: We're at square one? MS. PATTERSON: Square one. MR. WARIS: Okay. Name is Abdul Waris, and I'm the engineer of record on this project. And, you know, I live in Hillsborough County, and we were affected by Hurricane Milton, so that's caused a delay in the process. I personally suffered, you know, damage to my house. And the design engineer that's helping me, his house got flooded. So we're just looking for your understanding in the continuance on the project. Hopefully we'll get it straightened out pretty soon. CHAIRMAN KAUFMAN: How long have you been working on this project? MR. WARIS: I want to say about a year, maybe year and a half. CHAIRMAN KAUFMAN: And what progress have you made in a year? MR. WARIS: We've done some substantial progress, but the January 23, 2025 Page 34 county's rules, the codes have changed, and we're trying to fit a project that started in 2015 within the new rules. So, for example, where the pond was previously permitted, they're asking for a landscape buffer. So it's all getting shifted around, and they're looking for turn lanes. So it's kind of trying to, you know, squeeze the toothpaste back into the tube, so to speak, you know, and that's really what's causing the delay. CHAIRMAN KAUFMAN: So you said this thing started originally in 2014? MR. WARIS: It was a permitted project in 2014. It got partially constructed, and because of financing issues, the owner decided to stop it, and the site plan got -- you know, got expired. And then -- so we reinitiated the -- you know, the site plan. CHAIRMAN KAUFMAN: And you said the rules that Collier County imposes are different? MR. WARIS: Yes, at this time. CHAIRMAN KAUFMAN: Sherry, is that -- MS. PATTERSON: Yes, that's true. CHAIRMAN KAUFMAN: Okay. So it's been going on for 10 years. BOARD MEMBER CURLEY: Hallelujah. MR. WARIS: I'll let the owner speak to that. CHAIRMAN KAUFMAN: Okay. THE COURT REPORTER: Can you state your name? MR. YZAGUIRRE: Armando Yzaguirre. CHAIRMAN KAUFMAN: Okay. And this has been going on for 10 years, 11 years, whatever. A long time. MR. YZAGUIRRE: Yes, sir. It's a long time. But when I -- when I started the project, I had money to complete everything and started complete, but -- I'm not blaming the county, but permitting, whatever, it took -- it took over -- over a year or more. January 23, 2025 Page 35 By the time -- I'm in the farming business. I lost my money. I've recuperated my money now, but now the permitting is the issue right now that we need so we can continue and finish this project, and I have the money to finish it, and -- but we need -- we need permitting to continue this project, sir. CHAIRMAN KAUFMAN: And when do you think you'll be able to finish the project? MR. WARIS: I request six-month extension, sir. CHAIRMAN KAUFMAN: Okay. And you think in six months this would be all done? MR. WARIS: That's what we are hoping, yes. BOARD MEMBER CURLEY: This isn't in that not yet proposed historic district or the -- out there that they're trying to incorporate in Immokalee? MS. PATTERSON: It's on New Market Road. CHAIRMAN KAUFMAN: So if it -- if it hasn't been done in 10 years, what do I -- why would I think that six months would now be in line for getting this done? BOARD MEMBER CURLEY: They may -- MS. PATTERSON: I think he needs more time than that, to be honest with you. CHAIRMAN KAUFMAN: This is very similar to the case we heard earlier, and I'm from the school of "I'll give you a little bit of time. Show me that you've done something," and I don't mean that you moved a chair here or there; that there's been paperwork submitted and approved, et cetera, and you go from there, come back here in three months, for instance, like we did earlier. What does the Board think about that? BOARD MEMBER CURLEY: I have a question for the gentleman on the right. How long have you been working with the current owners of the property to fortify this? January 23, 2025 Page 36 MR. WARIS: Probably about a year. BOARD MEMBER CURLEY: Yeah. So this is just -- this is something new for them. They have a partner now to help them get this finished. So I'd make a motion to give them, I don't know, 11 months, till the November meeting. BOARD MEMBER FUENTES: Well, I think Bob's going to want some type of update, which I can see why. It's been 10 years. I understand the reasoning behind it. But from the Board's perspective, they just want to know that what you're doing is in lines of what they're seeking. MR. WARIS: So what would the Board like to see, sir? BOARD MEMBER FUENTES: I think he's probably leaning towards three to four months' extension so that you can come before the Board and present some type of progress besides a rejection. That way we can then grant another three to five months after that. MR. WARIS: Understood. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Question. If this extension is denied, what are you going to do? MR. WARIS: I mean, that's more for Mr. Armando to answer. I mean, I don't have an answer to the question. BOARD MEMBER RUBENSTEIN: Yeah. Ten years is a very long time. MR. WARIS: I mean, he's got a partial structure sitting on that site. He's just not been able to complete it because the site plan -- he doesn't have a site plan to support it. BOARD MEMBER FUENTES: What I do like is that you brought your engineer here today. That means you're doing something. BOARD MEMBER CURLEY: Would it be all right if he just January 23, 2025 Page 37 communicated with the code officer and then at three months, if there's been enough progress to you, then we could just -- you know, maybe we could extend it to the 10 months? You know, three unless or until you let us that you've seen, you know, significant progress so we don't have to come all the way from Immokalee and Tampa down here for them? CHAIRMAN KAUFMAN: I think I'd rather see this in writing and the Board act on it at that time. So that's my suggestion. BOARD MEMBER CURLEY: Okay. So extension to the May meeting? BOARD MEMBER FUENTES: So are you sticking to your motion the first time? BOARD MEMBER CURLEY: Nobody seconded it, so... CHAIRMAN KAUFMAN: Yeah. BOARD MEMBER FUENTES: Well, then I'll make a motion to grant an extension of three months. Within those three months, the goal is to see some type of progress that's being made besides a rejection letter. BOARD MEMBER AYASUN: Second. BOARD MEMBER FUENTES: And then from there, we will be able to grant more extension time if needed. Perhaps you'll be done. MR. NOELL: And just for clarity, is the motion to extend the compliance deadline, or is it to continue the motion for imposition hearing? If it's to extend the compliance deadline, then no fines are accruing. BOARD MEMBER FUENTES: No. It's going to be -- MR. NOELL: If it's to continue, then fines will continue to accrue. BOARD MEMBER FUENTES: It's going to be -- it's going to be to continue at this point. January 23, 2025 Page 38 CHAIRMAN KAUFMAN: A continuance. BOARD MEMBER FUENTES: Ten year. Yes, continuance. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: So the fines will continue to accrue until this violation is -- okay. Now, at some point they can be imposed if you guys don't correct it, which could be in the next three months. If there's no progress, he's probably going to impose it, so... MR. WARIS: I understand. CHAIRMAN KAUFMAN: Okay. Now, Jeff, you have something to say? MR. LETOURNEAU: I'm just going to ask Helen something. Have the fines started running at any point in this case? MS. BUCHILLON: I don't think so -- once we -- when we do an extension of time, it's because no fines have started. If it was -- if we have a continuance, that means fines have been accruing. BOARD MEMBER FUENTES: Understood. So we haven't had -- MS. BUCHILLON: So they haven't started accruing fines yet. MR. NOELL: Well, the compliance deadline was in December, and the testimony that this board has received today at this hearing is that they're not in compliance as of this date. So fines technically are accruing. The next decision for the Board after continuances, extensions, various motions would be the final act of motion of imposition of fines. So even though there's not a -- there's the order of the violation, there's the deadline on which to come into compliance, you've received testimony that that compliance date has come and gone, and that the violation remains. So if the Board wants to continue the imposition-of-fine hearing, those fines would continue to accrue. Whether the Board finds that those fines are valid or not would be made during the January 23, 2025 Page 39 imposition-of-fine hearing. CHAIRMAN KAUFMAN: I hate to kick this down -- can down the road, but I think that would clear everything up in three months with John's motion. So I'm going to call the question. THE COURT REPORTER: Who was the second? BOARD MEMBER FUENTES: Yeah, Tarik did second. CHAIRMAN KAUFMAN: All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: (No verbal response.) BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: And just for the record, this case is dated 2018. CHAIRMAN KAUFMAN: Yeah. But the question, when I asked the respondents when they started this, they started in 2014. That's 11 years. BOARD MEMBER RUBENSTEIN: Question. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER RUBENSTEIN: I know it passed. Is the imposition of fines scheduled for today? Is it in our packet? MS. BUCHILLON: No. CHAIRMAN KAUFMAN: No. BOARD MEMBER RUBENSTEIN: Okay. MR. NOELL: It's -- and just for clarity on that, because I know this is -- that issue's a little confusing, it's not set for today. But the Board -- or the Code Enforcement Board department could set it for January 23, 2025 Page 40 next month. So by giving a three-month continuance, it's basically saying to the Code Enforcement department that you folks wouldn't hear a motion for imposition of fines until at least three months from now. MR. LETOURNEAU: You mean extension. You said continuance. MR. NOELL: No, a continuance. BOARD MEMBER AYASUN: Continuance. MR. NOELL: Yes. So, essentially, there's not a motion for imposition of fine before you, but what you're doing by authorizing a three-month continuance -- CHAIRMAN KAUFMAN: Continuance. MR. NOELL: -- is you're saying this matter is continued for at least three months so the Code Enforcement department can't bring a motion for imposition of fines within that three-month period because you've continued it. CHAIRMAN KAUFMAN: It's like nothing happened until three months from now. MR. NOELL: Right. BOARD MEMBER RUBENSTEIN: But the fines are accruing. CHAIRMAN KAUFMAN: Yes. So you understand? MR. WARIS: Yes, sir. MR. NOELL: The fines -- I'm just getting some questions, so I want to make sure. And it's good -- it's a good discussion. Your initial order of the violation says that the abatement must have been abated by December. If you look back at the order, it says that the violation must be abated by, I believe, it's December 27th, 2024, or the daily fines continue to accrue. So that's already in place. CHAIRMAN KAUFMAN: Okay. MR. NOELL: So if you receive the testimony today that January 23, 2025 Page 41 compliance has not been met, that brings into effect your initial order saying that the fines begin accruing as of that date. And so by continuing it, you're saying that no further action's going to happen until at least three months from today. CHAIRMAN KAUFMAN: Correct. BOARD MEMBER ELROD: My question is, we didn't have a meeting in December, so they couldn't have come in front of us before the expiration to accrue them. MR. LETOURNEAU: That's correct. That's correct. BOARD MEMBER ELROD: They had no avenue to come and ask us for the extension before it expired, because we didn't have a meeting in December. BOARD MEMBER FUENTES: But, regardless, they were not in compliance, I guess, so it probably would have been the same result. MR. NOELL: And they could have come in November or any other date. And the Board right now -- don't misunderstand me, the Board could make a motion to extend the compliance deadline if they wanted to. So the Board has the power to extend the initial compliance deadline or to continue. If they decide to continue, the motions [sic] will continue accruing. MR. LETOURNEAU: And since this case is seven years old, the county would very much object to any kind of extension at this point. BOARD MEMBER CURLEY: Well, I mean -- but it's not like you brought it back every two years. Just because it's seven years old, is this the first time we've heard it? I mean, it's not their fault that we didn't act on it for seven years. MR. LETOURNEAU: I'm not -- I'm not following you. I'm just saying that, basically -- basically nothing's been done in seven years; that's what I'm trying to say. So -- and this was a complaint January 23, 2025 Page 42 by the Sheriff's Office and the Immokalee CRA. And this thing's been sitting here, they just testified, for 10 years, so, you know -- CHAIRMAN KAUFMAN: Well, we'll have it all ironed out in three months. MR. LETOURNEAU: Okay. CHAIRMAN KAUFMAN: Okay. You understand that? MR. WARIS: We intend to, you know, definitely, you know, show some progress. CHAIRMAN KAUFMAN: Show some progress. MR. WARIS: We'll try to -- we'll try to make the project converge. CHAIRMAN KAUFMAN: Yeah. I guess the first thing you have to do is a site -- the site has to be complete -- approved, and we go from there, okay? Okay. Well, thank you very much. MR. WARIS: Thank you. MR. YZAGUIRRE: Thank you. MS. BUCHILLON: If I may, so we are granting a continuance for three months, and fines -- CHAIRMAN KAUFMAN: Continue. MS. BUCHILLON: -- continue to accrue? CHAIRMAN KAUFMAN: Right. BOARD MEMBER AYASUN: Thank you. BOARD MEMBER RUBENSTEIN: What happens, Kevin, with the expiration date of December? MR. NOELL: That order's in effect. BOARD MEMBER RUBENSTEIN: Okay. MR. NOELL: So what will happen is when the county does bring -- hopefully they're in compliance, but when -- the next step would be the county bringing the motion for imposition of fines. And that's when they would set forth from December 27th, 2024, January 23, 2025 Page 43 until their last inspection date of compliance, you know, that confirmed compliance, those fines were accruing. And then the Board will have the discretion on what level of fines to impose, if any, and how much. BOARD MEMBER RUBENSTEIN: Since it's been going on so long, seven years, eight years, 10 years, and we just gave them another 90 days, which I don't know what's going to happen to improve things in 90 days, is the county going to help guide these folks through this process a little bit to kind of kickstart the process? Is Sherry available to meet with them so they know what they need to do when and now? Because if we let -- if we let them just go with 90 days and they don't really know what they need to do -- MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. I'm sure the original order said, "Finish the building or demolish the building." I don't know what kind of guidance the county's going to give them above and beyond that right there. What are you looking for for guidance right here? Pull a permit and finish it or pull a demo permit and knock it down. BOARD MEMBER RUBENSTEIN: Do they know what they need to do? That's my question. CHAIRMAN KAUFMAN: They do know. MR. LETOURNEAU: I would hope so. BOARD MEMBER FUENTES: Lee, they've got three months. If in three months they come back, I will uphold that we impose the fines at that point. BOARD MEMBER CURLEY: Right. BOARD MEMBER RUBENSTEIN: All right. I'll ask you, do you understand what -- do you understand what needs to get done in the next 90 days? MR. WARIS: Yeah. We'll make every effort as per the January 23, 2025 Page 44 county's concerns; that will be our intent. BOARD MEMBER RUBENSTEIN: Okay. MR. WARIS: You know, there's a lot of moving parts, traffic, landscape, you know, lighting, turn lanes. BOARD MEMBER RUBENSTEIN: Okay. MR. WARIS: So we're just trying to, you know, fit -- CHAIRMAN KAUFMAN: The building hasn't been permitted. MR. WARIS: -- new wine in old bottles -- or you know, vice versa. BOARD MEMBER FUENTES: Clearly, this is a very sensitive case. Please bring some progress in three months. If not, there's no alternative, and this is it. MR. WARIS: Yeah. We'll try to bring the project to a good conclusion. If not, you know, if you have valid reasons, we'll come back, and, you know, present our case, make our case. Thank you. BOARD MEMBER FUENTES: Thank you. Have a good day. CHAIRMAN KAUFMAN: Thank you. MR. WARIS: Thank you. CHAIRMAN KAUFMAN: Well, that went quickly. BOARD MEMBER AYASUN: Yeah. BOARD MEMBER FUENTES: No, it didn't. MS. BUCHILLON: I have a change for the agenda. On the first -- on the continuance, they were scheduled for imposition of fines also, so you want to withdraw that case. CHAIRMAN KAUFMAN: Right. MS. BUCHILLON: Under imposition of fines, No. 1, CESD20220004521, German Diaz Sanchez and Taimi Nunez Martinez. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Make a motion to accept the January 23, 2025 Page 45 change. CHAIRMAN KAUFMAN: The change in the agenda. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER RUBENSTEIN: Second. 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. This is the imposition in your package. I'll get rid of it. Okay. Which brings us to... MS. BUCHILLON: Back to under motions, next case, No. 3, CESD20240003879, Raimy Blanco Guzman and Roilan Garcia Soto. CHAIRMAN KAUFMAN: This is under what? MS. BUCHILLON: Motions for extension of compliance deadline. CHAIRMAN KAUFMAN: And the last three digits of the case? MS. BUCHILLON: 3879. CHAIRMAN KAUFMAN: Oh, okay. That's case 3, right? MS. BUCHILLON: Yes, sir. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. CURL: I do. January 23, 2025 Page 46 MS. BLANCO: I do. MR. CARLOS: I do. CHAIRMAN KAUFMAN: You're back. MS. CURL: I am. CHAIRMAN KAUFMAN: Okay. So you're not new now. You're used. Okay. Your case. MS. CURL: Well, this is their first request for an extension of time. I have been in contact with them multiple times and same as through the entire case. All they're caught up on right now is inspections for this permit, and that's pretty much all they're asking for is an extension of time so that they can polish out this permit. BOARD MEMBER FUENTES: They've been in full communication? MS. CURL: Yes. BOARD MEMBER FUENTES: Thank you for letting us know that. CHAIRMAN KAUFMAN: Okay. How much time are you requesting? Can I get your names? MR. CARLOS: Jean Carlos. MS. BLANCO: Raimy Blanco. MR. IANDIMARINO: Can you please speak into the microphone, closer to the microphone. Thank you. MR. CARLOS: Four months. CHAIRMAN KAUFMAN: Okay. Okay. What needs to be done? MR. CARLOS: Bathroom. CHAIRMAN KAUFMAN: Bathroom? MR. CARLOS: Yes. CHAIRMAN KAUFMAN: Electrical? January 23, 2025 Page 47 MR. CARLOS: Yes. CHAIRMAN KAUFMAN: Plumbing? MR. CARLOS: Yes. CHAIRMAN KAUFMAN: Okay. And what's been done so far? MR. IANDIMARINO: Sir, if you could, over here, Tom Iandimarino, director. If you could please both speak into the microphone. If you're going to speak Spanish, speak it into the microphone as well, please. Thank you very much. MR. CARLOS: Okay. The bathroom plumbing's already done. CHAIRMAN KAUFMAN: Has the bathroom plumbing been approved? MR. CARLOS: On-the-ground plumbing has been approved. BOARD MEMBER FUENTES: Can you translate what she had said regarding the inspections being scheduled for tomorrow, please. MR. CARLOS: Okay. The underground plumbing passes tomorrow. BOARD MEMBER FUENTES: The inspector. MR. CARLOS: Yes. BOARD MEMBER FUENTES: Try to translate everything for us, please. That way -- MR. CARLOS: Okay. The inspector for on-the-ground plumbing should pass by the house tomorrow. CHAIRMAN KAUFMAN: Okay. But the final on plumbing is still not done. MR. CARLOS: Not complete. It's not done. CHAIRMAN KAUFMAN: Okay. Well, it's like being pregnant. Either you're pregnant or you're not. So it's not done. January 23, 2025 Page 48 MS. BLANCO: It's not. BOARD MEMBER CURLEY: I mean, I would ask the county, is four months, do you think, enough to get those final inspections? BOARD MEMBER FUENTES: No. Pregnancy lasts about nine months. MS. CURL: I honestly think they'll need more than that. What I'm looking at right now is that they've passed their erosion silt test. I've seen that they've done their interior slab infill, and then it also looks like their floating slab. There is a lot of inspections they still need to do. BOARD MEMBER FUENTES: What would you say? MS. CURL: I think six months would be more appropriate for this. BOARD MEMBER AYASUN: Yeah. BOARD MEMBER ELROD: I'll make a motion to grant them six months' continuance. BOARD MEMBER CURLEY: Yeah, second. CHAIRMAN KAUFMAN: Okay. And we have a motion and a second. MR. NOELL: And I apologize. Chair, just for clarity -- because this is under the motion for extension of deadline, so they're before you folks asking to extend the initial compliance deadline. By default, if you grant a continuance, then the denial is automatically done for the extension. And you guys are granting a continuance where the fines would accrue. CHAIRMAN KAUFMAN: That's correct. You need to move your microphone down also. BOARD MEMBER ELROD: So I'd like to grant an extension for six months. BOARD MEMBER CURLEY: Yeah. I'll second the January 23, 2025 Page 49 extension. I don't want fines to start yet. 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. CARLOS: Thank you. MS. BLANCO: Thank you. MS. CURL: Thank you. BOARD MEMBER FUENTES: New year and a lot of nice board members. BOARD MEMBER CURLEY: That means they'll get it done in a year. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: Next motion, No. 4, CESD20230005772, Jose Martinez. 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. ALCANTAR: Yes, 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? MS. ALCANTAR: Yes. January 23, 2025 Page 50 MR. MARTINEZ: Yes. MS. RODRIGUEZ: Yes, I do. CHAIRMAN KAUFMAN: Maria, is this a case that's been hanging around here for the last year? MS. RODRIGUEZ: No. We went to hearing on October 24th of last year, so it hasn't been. BOARD MEMBER FUENTES: November. I think it was November 8th. MS. RODRIGUEZ: November. No, it was October. BOARD MEMBER FUENTES: Okay. CHAIRMAN KAUFMAN: Okay. You can argue about the date. So this is a storage container walk-in freezer with electric placed on the commercial property -- zoned property with first obtaining the authorization of the required permit -- without first obtaining, and we are in that situation right now? MS. RODRIGUEZ: We are. CHAIRMAN KAUFMAN: And has anything been done on this? MS. RODRIGUEZ: Well, I think she can explain a little bit as to what she's doing with the permitting process. CHAIRMAN KAUFMAN: Okay. MS. ALCANTAR: Hi. THE COURT REPORTER: Your name? MS. ALCANTAR: Oh, Maria Alcantar. MR. MARTINEZ: Jose Martinez. MS. ALCANTAR: Good morning. BOARD MEMBER AYASUN: Good morning. MS. ALCANTAR: Yes. So we are -- we've made some progress. We have hired -- or the owner has hired the engineer who is taking care of the SIP. And we are needing an extension of time January 23, 2025 Page 51 because we also need a survey and submitting permits for the container and freezer to be permitted on the location. CHAIRMAN KAUFMAN: When did this begin? MS. ALCANTAR: This began shortly after our court meeting back in October. The owner wasn't present. The individuals that are leasing the location were, and I was contacted shortly after, which I connected them with an engineer, which is Jeff Wolf -- or from Omega Engineering, Mr. Jeff, and he was able to take on their project. And so he did explain he needs a good amount of time to get this done for them. And then we were notified we will also need a survey and then submit for permitting. So we are moving along, but, of course, we need your permission for an extension of time so we can get everything done within the time frame. BOARD MEMBER CURLEY: I remember this. The restaurant owners -- or the market owners were here? MS. ALCANTAR: Yes, ma'am. Yes, ma'am. CHAIRMAN KAUFMAN: Right. Wasn't the young lady from the Immokalee group here at that time? BOARD MEMBER FUENTES: She was. CHAIRMAN KAUFMAN: John said she was. So both our memories can't be bad. BOARD MEMBER CURLEY: Okay. So what -- CHAIRMAN KAUFMAN: Okay what? BOARD MEMBER CURLEY: Like six months, or what do you think? MS. ALCANTAR: Well -- Susan, thank you. So speaking with the engineer and being more and more familiar with the county on the permitting as well as the survey -- I've had to pull many surveys for other homeowners and business owners -- it takes quite some time. Everybody is backed up or they have so many other January 23, 2025 Page 52 things to get through with. The engineer did request about three months for his project to be complete. From that, we will need the survey. The survey company will need about two months, and then the permitting process, I'm thinking about three months with the room for rejection. If anything, we're actually hoping that you would grant us a good 10 to 12 months for everything to be completed. CHAIRMAN KAUFMAN: Let me stop you for a second. When did this all start? MS. ALCANTAR: Well, this -- Maria, when did this start? I'm sorry. I was brought in -- MR. LETOURNEAU: The notice was served in October of '23. CHAIRMAN KAUFMAN: In October of '23 -- MR. LETOURNEAU: Yes. CHAIRMAN KAUFMAN: -- this freezer was put on the property? MR. LETOURNEAU: Well, I don't know about that, but we served an NOV on October twenty -- CHAIRMAN KAUFMAN: Okay. So the violation started in October of '23. MR. LETOURNEAU: Yes, sir. BOARD MEMBER CURLEY: Right. But remember the case. I might refresh your memory, or maybe the county can. The people that were using the restaurant either started that restaurant and that was already there, so it was something -- MS. ALCANTAR: Correct. BOARD MEMBER CURLEY: -- that was there for a long time, and they didn't know. And so they tried to fix it themselves. Because they don't own the property, they couldn't. So there was a lot of -- January 23, 2025 Page 53 MS. RODRIGUEZ: So the container was there, and it had been there for years. BOARD MEMBER CURLEY: Yeah. MS. RODRIGUEZ: They did put the freezer in because the restaurant that moved into that particular commercial property needed the freezer for the meat and stuff. So they installed it. CHAIRMAN KAUFMAN: They installed it -- they installed it without a permit? BOARD MEMBER FUENTES: Correct. MS. RODRIGUEZ: Yes. He was in Mexico at the time, so -- he goes back and forth. He's hardly ever here in the United States. But someone called in the complaint, so we went out there. No permits. She really couldn't do much -- like, the tenants that are renting couldn't do much because they're not the owners. So we did give them notice. We did let them know that they needed a permit if they wanted to leave it. So I guess they must have hired Maria because they want to leave it. BOARD MEMBER RUBENSTEIN: Question. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER RUBENSTEIN: Wasn't there an elevation problem with this case back -- way back when? MS. RODRIGUEZ: No. BOARD MEMBER FUENTES: No. If I remember correctly what it was, like she said, they put an exterior container for the storage of extra meat. When they came before us, I remember it being a lady. BOARD MEMBER RUBENSTEIN: There was something -- there was a picture I recall. There was an -- BOARD MEMBER FUENTES: She was a tenant. BOARD MEMBER RUBENSTEIN: There was an elevation January 23, 2025 Page 54 issue. BOARD MEMBER FUENTES: She was a tenant. MS. RODRIGUEZ: The tenant came because he was in Mexico. BOARD MEMBER FUENTES: He was in Mexico, yeah. MS. RODRIGUEZ: And she -- BOARD MEMBER FUENTES: And she basically -- she purchased that container. MS. RODRIGUEZ: Yes, it was hers. BOARD MEMBER FUENTES: But it's his land. And we basically said that they would have to remove it. BOARD MEMBER CURLEY: And this was just as recent as this fall. So this is -- this is just getting some stir, like, as of the fall. So even though the case is from '23, there probably was a couple delays because the owner doesn't live in the country, and we're glad that he's here today. So let's -- I mean, I counted on my hand 10 months when you were saying three, five, two, whatever. And if we want it done right and we want them to proceed without interruption and we have the gentleman here who owns the property who can know the full scope of the time he needs and the money he needs, then I think it's in our best interest as a board to offer him the 10 months, and hopefully it's done. MS. ALCANTAR: Thank you. BOARD MEMBER CURLEY: So I make a motion to extend 10 months. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: I mean, you might remember the restaurant was flourishing, and it was a really nice business out there in Immokalee, and we want to support and help them as much January 23, 2025 Page 55 as we can and, you know, keep them in business. CHAIRMAN KAUFMAN: Well, the original problem on this is they did something without a permit. And that's why we're here. BOARD MEMBER CURLEY: Well, we're not denying that. It was a tenant, and they probably didn't know, like everyone else doesn't know. So let's move forward instead of back. CHAIRMAN KAUFMAN: Ignorance is no excuse for the law. Okay. So, like the other cases, we have fines accruing on this? MS. RODRIGUEZ: No. BOARD MEMBER AYASUN: No fines yet. BOARD MEMBER CURLEY: Okay. So we have a motion and a second. CHAIRMAN KAUFMAN: Okay. Any other discussion on the motion? BOARD MEMBER RUBENSTEIN: Yeah. Why aren't the fines accruing? That's a question. BOARD MEMBER FUENTES: The last time they were here I made the ruling that we would go ahead and request of them to just remove the container, if I'm not mistaken. I think that's what I had said for her to do. MR. NOELL: And the distinction's important. When we say "fines accruing," fines -- once the notice -- or once the deadline to abate has not been met, and if this board has not extended the deadline, the fines technically accrue. The Board doesn't make that finding that the fines have officially accrued until that motion for imposition of fines. But what the initial violation order allows is that if that violation -- or the abatement date's not met and we haven't extended that date, then those fines are accruing, and the county will then bring that back for hearing and prove that the violation was not in compliance at the due date and that those fines should now be imposed. January 23, 2025 Page 56 CHAIRMAN KAUFMAN: Okay. The due date -- MR. NOELL: Okay. CHAIRMAN KAUFMAN: -- there were no number that I'm aware of that was agreed to by the Board. We're the ones who impose the fine. And I think what Lee is asking is, what was that fine, and when was it imposed? MR. NOELL: The fine was not imposed. The due date for the abatement of the violation, by your order, was December 23rd, 2024. CHAIRMAN KAUFMAN: Okay. And ordinarily when we do that, it's -- that's the first sentence. The second sentence is, "If you're not in compliance by that date, a fine of blah, blah, blah" -- BOARD MEMBER FUENTES: Two hundred dollars per day will be imposed on this. CHAIRMAN KAUFMAN: Will be imposed. So you're saying that that was not the case? BOARD MEMBER FUENTES: No, no, it's on here, Bob. MR. NOELL: No, I'm saying that is the case. BOARD MEMBER FUENTES: It is on here. It says, "On December 23rd, 2024, the Collier County building permits need to be -- you know, they need to get their COs; if not, a $200-per-day fine will be imposed for each day the violation remains. If the respondent fails to comply with the order," you know, the typical verbiage. But they had till December. So as of right now they're technically accruing $200 per day. MR. NOELL: Yes. And what they're doing, when they come before this board for an extension of the compliance deadline, they're basically saying, "I know what this prior order says," and technically, if the Board -- or if the code enforcement investigator wants to bring the motion for imposition, they have sufficient proof to show the Board fines have been accruing since that date. And what they're asking this board to do with an extension of the deadline is say, January 23, 2025 Page 57 change that December 2024 date and put in a date six months, 10 months, 11 months down the road, and that would be the new date that fines would continue to -- start to accrue. BOARD MEMBER FUENTES: No. And I think at this point it would probably be a continuance because the continuance would allow the fines to continue. MR. NOELL: That's -- that's -- BOARD MEMBER CURLEY: My motion, I didn't want that to happen. BOARD MEMBER AYASUN: Yeah. She said "extension." BOARD MEMBER FUENTES: She said an extension. MR. NOELL: Yes. BOARD MEMBER CURLEY: Listen, when somebody put a December 23rd extension deadline, that was something that I'm sure the Chair put because he wanted to get some heat under it, and we wanted to meet the owner, and we wanted him to take action, and it worked, okay. He's here. He hired you. You've hired an engineer. That -- that fire has worked. So let's just keep it going. We don't need to involve fines and stuff in it now. It just makes it too complex. Let's help these people get to where they need to go. And I feel like you've shown up. Now, maybe you couldn't come to a December meeting because we didn't have one, but I don't -- I want to extend the time. MS. ALCANTAR: Thank you. BOARD MEMBER CURLEY: Ten months. BOARD MEMBER ELROD: And they have showed progress. BOARD MEMBER CURLEY: They've hired two people, and we get to meet the owner. BOARD MEMBER FUENTES: I only have one question. I know we have a motion, so I apologize. Is there still power to this? MS. RODRIGUEZ: They use it for the kitchen part. January 23, 2025 Page 58 BOARD MEMBER FUENTES: Understood. BOARD MEMBER CURLEY: Oh, well. CHAIRMAN KAUFMAN: Okay. So we have a motion, and we have a second. BOARD MEMBER RUBENSTEIN: Are we still under discussion? CHAIRMAN KAUFMAN: Sure. BOARD MEMBER CURLEY: No. BOARD MEMBER RUBENSTEIN: Okay. I agree with some type of extension, but I believe that the 10 months is way too long to find out where we're at. Since they've already hired people to -- you're getting a survey. The survey's going to show whether this is sitting too low. Somehow I can't get that out of my mind. BOARD MEMBER FUENTES: Sue, would it be possible to do a continuance instead and granting them that time, but at least this way -- since the case was opened in '23, it has been over a year that the violation was served -- we can at least have a continuance where the fines are accruing, keep that fire going, and give them the extra three months. That way it's a little bit of the "in between" versus an extension where there's nothing being put in place. Does this make more sense to the Board -- to the Code Enforcement, Jeff? MR. LETOURNEAU: I think the county would prefer a continuance at this point over an extension due to the fact that the notice was served in October of '23 and nothing has been submitted in 15 months. BOARD MEMBER FUENTES: And I think that's what some of us are -- the fact that it was served in '23, nothing's been done. Yes, the owner is here, but this is a -- basically we're at 2025 now. BOARD MEMBER CURLEY: Just redo the motion, because that's $60,000 that will be payable in November if it's not done, those fines. So $200 a day times that many days is $60,000. January 23, 2025 Page 59 BOARD MEMBER FUENTES: Well, the Board -- they bring it before the Board, and we can decide what we want to do with the fines. We can -- BOARD MEMBER CURLEY: No, we didn't vote on the motion that had a second. Can we vote? BOARD MEMBER FUENTES: Okay. Let's vote on the motion that Sue made where she's granting an extension of -- BOARD MEMBER RUBENSTEIN: Do you want to re-present a new motion? BOARD MEMBER CURLEY: I do not. BOARD MEMBER FUENTES: She does not. BOARD MEMBER RUBENSTEIN: Okay. I'd like to make a motion. BOARD MEMBER FUENTES: We cannot until we vote on Sue's motion. CHAIRMAN KAUFMAN: No, no, no. One motion at a time. On the motion that Sue made -- BOARD MEMBER AYASUN: We have a second. CHAIRMAN KAUFMAN: We'll have a vote on it. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER AYASUN: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER FUENTES: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER FUENTES: 3-3. CHAIRMAN KAUFMAN: Okay. So it's denied. Now, do you want to change your motion, Sue, or make it a continuance? January 23, 2025 Page 60 BOARD MEMBER CURLEY: No. Someone else can do a motion. BOARD MEMBER FUENTES: I'll do a -- I would make a motion to grant a continuance of three months. That way you guys can come before the Board, show the progress. The fines do continue to accrue. BOARD MEMBER RUBENSTEIN: I'll second that. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: And -- okay, yes. CHAIRMAN KAUFMAN: Okay. So we have a motion for a continuance now. All those in favor? BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER ELROD: Aye. CHAIRMAN KAUFMAN: Okay. That one passes. MS. ALCANTAR: Just so that I clarify myself, the engineer needs a minimum of four to three months to get his project, and this is the Site Development Plan, to show that the freezer and container can and has the proper setbacks, and the -- you know, all the requirements for the initial commencement of the permitting, right. That's -- I mean, in three months, to come back to tell you that the engineer is still working on that project, I find it a waste of time. BOARD MEMBER CURLEY: Yes. MS. ALCANTAR: A waste of your time, a waste of -- and money. That's number one. Number 2, once that Site Development Plan is handed over to me, my job is to submit it to the county. The county takes quite a bit of time reviewing that paperwork. January 23, 2025 Page 61 CHAIRMAN KAUFMAN: Okay. Well, we're not here to hear the case. MS. ALCANTAR: I understand. CHAIRMAN KAUFMAN: We're here on what was done. The Board voted a continuance. So if you come back in three months and say, "Listen, here's the paper from the engineer. He said he'll be finished on a particular date," we can act at that time. But this thing started in 2023, okay. So had it been done correctly the first time, we wouldn't be here at all. BOARD MEMBER FUENTES: Jeff? MR. LETOURNEAU: Mr. Kaufman. CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: For the record, Jeff Letoureau, Collier County Code Enforcement. You've given her three months on a continuance. That doesn't mean if I look at this case in three months and they've made massive progress that we're going to bring it back right away. I'll give them some time to finish it at that point. BOARD MEMBER FUENTES: And that's fine. CHAIRMAN KAUFMAN: Great. BOARD MEMBER FUENTES: That would be great. They're trying to obtain compliance. MR. LETOURNEAU: Right. So, you know, that's how our MO is is if I feel that they're working towards compliance, then I'm probably not going to bring it back before you until they're in compliance. BOARD MEMBER FUENTES: That's perfect. And at least that way, like the county said, they would prefer at this point we could move forward with a continuance. I think that would be the wisest to make everybody happy. You guys get the extension to show progress. If you guys show it to Jeff Letourneau, he won't January 23, 2025 Page 62 even bring you back until the time is right. MR. LETOURNEAU: I'll just monitor a permit if they get it in there, yeah, or Maria will be monitoring it. CHAIRMAN KAUFMAN: Okay. MS. ALCANTAR: Okay. CHAIRMAN KAUFMAN: See you in three months. MS. ALCANTAR: Thank you. CHAIRMAN KAUFMAN: Okay. We're going to take a court reporter break now for 10 minutes. Be prompt. Make it 12 minutes. (A brief recess was had from 10:28 a.m. to 10:40 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Where are we at next, Helen? MS. BUCHILLON: Next, we are still under motion for extension of compliance deadline, No. 5, CESD20240005059, 3195 GGE, LLC. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. OWEN: I do. MR. MARTINEZ: I do. CHAIRMAN KAUFMAN: Could you state your name on the microphone for me. MR. MARTINEZ: My name is Agustin Martinez. CHAIRMAN KAUFMAN: Okay. Brian, this is your case. MR. OWEN: For the record, Brian Owen, Collier County Code Enforcement. So a quick synopsis of the case: We have a lanai extension and an accessory building that were in violation. Accessory building has January 23, 2025 Page 63 been removed with a demolition permit that is finaled, and then we have a permit filed for the lanai extension that is pending in review with the appropriate departments. So we're just looking for a little bit of time to get into compliance. CHAIRMAN KAUFMAN: How much time do you think you need? MR. OWEN: I'd let the defendant [sic] request that. CHAIRMAN KAUFMAN: Sir? MR. MARTINEZ: Hi. We just submitted on Tuesday. I don't know how long the county will take in between -- go back and forth with any rejection or any other type. The -- still we have to deal with the county. But I guess maybe another 90 days just in case. Maybe it will be before that. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? BOARD MEMBER ELROD: I'll make a motion to give three months' extension. BOARD MEMBER CURLEY: I'll 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. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have your 90 days. MR. MARTINEZ: Okay. Thank you, guys. Have a good January 23, 2025 Page 64 day. CHAIRMAN KAUFMAN: Thank you. Which brings us to? MS. BUCHILLON: It brings us to, under hearings, No. 1, CESD20240003978, Jeffrey J. Allman and Bertha L. Allman. 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. ALLMAN: Yes, I do. MR. OWEN: I do. CHAIRMAN KAUFMAN: Okay. Your case, Brian. MR. OWEN: All right. For the record, Brian Owen, Collier County Code Enforcement. This is in reference to Case No. CESD20240003978 dealing with violations of the Collier County Land Development Code, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i), violations consists of, but are not limited to, the following: Shed built without proper county permit or inspections, dog kennel built onto the shed without proper permits or inspections, and a dog run built with chain-link fence. No permits or inspections. Location of the violation is 3340 7th Avenue Northwest, Naples, Florida. Folio 36716680005. Service was provided on May 10th, 2024. Case CESD20240003978 was opened on April 29th, 2024, as a complaint for a dog pen built on property line with trash visible by the dog run. Initial inspection was conducted on May 10th -- I'm sorry, May 9th, 2024. During the inspection, I observed a dog run with a kennel built off the shed as well as a shed. Building Department determination was conducted on May 10th, 2024. Permits are needed for the dog run, the kennel along the shed, as well as the shed. Research indicated the shed had no permit. January 23, 2025 Page 65 Notice of violation was prepared and issued on May 10th, 2024. Reinspection was conducted on June 10th, 2024. The dog run and kennel have been removed. On June 24th, 2024, I found an application for Permit PRCP20240625215 was filed for the shed. Additional checks of the permit indicated the permit was rejected. Case was prepared -- case was prepared on October 7th, 2024, for a hearing. During my pre-inspection, I observed the shed still to be in the same location as previously witnessed. I have three photos taken by me on May 9th, one photo taken on June 10th, and one photo taken on January 22nd, and one deed showing proof of ownership. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photos? MR. OWEN: He has, sir. CHAIRMAN KAUFMAN: Do you have any objection to us seeing the photos? MR. ALLMAN: No. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the pictures. BOARD MEMBER FUENTES: Motion to accept the photos. BOARD MEMBER AYASUN: Second. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: Okay. Got a motion and 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. January 23, 2025 Page 66 BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. OWEN: So this was during my initial inspection. You see the dog kennel built off the shed, and in another picture, you'll see a little bit better, of the chain link creating the run. So the kennel was not permitted, the run was not permitted, and the shed's not permitted. On the 10th, the kennel has been removed, the run has been removed, and the shed is remaining, and there is no permit for that shed. The permit was applied for, and it is rejected due to the fact that it -- where the shed is located does not meet setbacks. CHAIRMAN KAUFMAN: Okay. Are you done? MR. OWEN: That's it, sir. CHAIRMAN KAUFMAN: Okay. Sir, could you state your name on the microphone for us, please. MR. ALLMAN: Jeffrey Allman. CHAIRMAN KAUFMAN: Okay, Jeffrey. MR. ALLMAN: Okay. I'm not the one who put the shed there. It was done 35, 40 years ago. And I believe that is before the permitting of Collier County required. In '85, it was done, according to the neighbors. I know it's in a code violation now. But I went down there -- I didn't pull the permit because I didn't do the job. It was done on the original. But when I -- I went down to apply for a permit, and it was rejected because of the setback, which is -- it's 11 and a half feet from the property line. I tried to get a variance, but I think Code Enforcement said it was thousands of dollars whether I get it or not, which I don't have. And if I don't get it, I have to build something January 23, 2025 Page 67 else. So I can't afford it. So what I'm asking is why does it have to be -- I understand -- getting the permit to apply for it, I can do that, that's not a problem, because I already tried. I just want to know, can I have it there because of that variance? I know it's against the rules, but it's been there for 35 years, at least, and it was before permitting was required in Collier County. CHAIRMAN KAUFMAN: Well, unfortunately -- MR. ALLMAN: The answer's no. CHAIRMAN KAUFMAN: -- things change. Before we continue, yes, Jeff. MR. LETOURNEAU: Well, I just want to say, if the shed's been there for 35 years, that puts it around 1990. MR. ALLMAN: I've been -- I worked in Pelican Landing before that. MS. BUCHILLON: Speak in the microphone, sir, please. MR. ALLMAN: I worked -- I've been here for years and years. I wasn't the one that put that in there. MR. LETOURNEAU: I get that. MR. ALLMAN: It was the third owner. MR. LETOURNEAU: I just wanted to clarify that the Estate setbacks were in place at that point. CHAIRMAN KAUFMAN: Okay. MR. ALLMAN: All I did is go by the Internet, because I don't have everything. It said there was no permitting required before '84, which went into effect in '85. MR. LETOURNEAU: That is not correct. MR. ALLMAN: Well, I just -- like I say, I go by what -- the Internet. I don't have -- BOARD MEMBER FUENTES: I think setbacks have always been in place. (Simultaneous crosstalk.) January 23, 2025 Page 68 MR. LETOURNEAU: I would say that the setbacks have been in place since the Estates was built in at least late '70s or mid '70s. MR. ALLMAN: I'm not talking about setbacks. I'm talking about permits. MR. LETOURNEAU: Well, the permits were required before that. MR. ALLMAN: But when the house was built, it was there. Regardless, the original owner built it. That's -- CHAIRMAN KAUFMAN: Okay. Let me -- MR. ALLMAN: But I have to fix it, so. CHAIRMAN KAUFMAN: Let me bring this to a close. It's -- I'm going to ask the Board, does a violation exist? BOARD MEMBER FUENTES: Yes. BOARD MEMBER RUBENSTEIN: Yes. CHAIRMAN KAUFMAN: Okay. We need to vote on that. The violation exists. Make a motion to that. BOARD MEMBER RUBENSTEIN: I make a motion that the violation does exist. BOARD MEMBER FUENTES: Second. CHAIRMAN KAUFMAN: And it's seconded. 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So a violation exists. January 23, 2025 Page 69 MR. ALLMAN: I understand. CHAIRMAN KAUFMAN: Okay. Good. Now the problem is, it's a violation. That's the only thing we can rule on. Whether it was done 35 years ago or 135 years ago, it's -- MR. ALLMAN: It's a violation. CHAIRMAN KAUFMAN: -- I guess, not meeting the setbacks. Is it -- can it be moved? MR. ALLMAN: No. It's got a concrete floor. BOARD MEMBER AYASUN: How much is the -- CHAIRMAN KAUFMAN: How much -- you said you're 11 -- how far is it set back? MR. ALLMAN: Eleven and a half feet. CHAIRMAN KAUFMAN: And what is the code? MR. ALLMAN: Thirty. CHAIRMAN KAUFMAN: Well, it's not like it's four or five inches off. And I'll tell you you're correct about the variance. I've been in that ball game myself personally. MR. ALLMAN: Right. CHAIRMAN KAUFMAN: And a variance, when -- it's about $700 to get it done, and then there's no guarantee that you're going to get it. MR. ALLMAN: I went down, and they said it's over $2,000. CHAIRMAN KAUFMAN: Inflation. MR. ALLMAN: I have to buy something else to put all my stuff in, and either I spend 2,000 on a dream or 2,000 on something I could install. CHAIRMAN KAUFMAN: Okay. MR. ALLMAN: Which is -- CHAIRMAN KAUFMAN: Well, unfortunately, that's the situation right now. So I understand what you're saying. Had you January 23, 2025 Page 70 purchased the property from somebody else -- MR. ALLMAN: Yes. CHAIRMAN KAUFMAN: -- you'd still have the problem. When you buy a -- MR. ALLMAN: I understand. CHAIRMAN KAUFMAN: When you buy a -- MR. ALLMAN: I know a little bit of rules. CHAIRMAN KAUFMAN: Okay. So you're going to have to do something. MR. ALLMAN: Well, I'm going to have to remove it. CHAIRMAN KAUFMAN: Okay. MR. ALLMAN: And the only thing I ask is he wants me -- to give 120. I'm asking for 180 days because I have to tear it down. All my water equipment is attached to that building, to my well and stuff, so I just want 180 days to get it down with a permit, legally. MR. LETOURNEAU: We have no problem with that. The county has no problem with that. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? BOARD MEMBER CURLEY: Yeah. I will make a motion for 180 days. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: I was going to go to you and ask you if you had a suggestion, but Jeff did it for you. Okay. MR. ALLMAN: We were talking. He's okay. I'm not mad at him. CHAIRMAN KAUFMAN: Okay. He's a nice guy. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. January 23, 2025 Page 71 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. Thank you. MR. LETOURNEAU: Was there ops cost involved in that? Was that mentioned? MS. BUCHILLON: Or fines. I didn't hear any fines either. CHAIRMAN KAUFMAN: That's -- what are the fines, 59 and change? MS. BUCHILLON: Ops cost is 59.28. What's your recommendation on -- MR. OWEN: Would you like for me to read my recommendation to the Board? CHAIRMAN KAUFMAN: Sure. MR. OWEN: Then you can fill in the blanks. MR. ALLMAN: The fines -- what'd you say about fines? BOARD MEMBER CURLEY: I said no fines. CHAIRMAN KAUFMAN: Hold on. BOARD MEMBER CURLEY: We don't have to fine everyone. He's going to do it. CHAIRMAN KAUFMAN: We're going to give him X amount of time to do it, and there's no fine if you get it done in that time. MR. ALLMAN: I will. CHAIRMAN KAUFMAN: Okay. And we gave you the time that you wanted, the 180 days, or a fine of $100 a day thereafter. Okay, Helen? BOARD MEMBER CURLEY: Are you making a new January 23, 2025 Page 72 motion? MR. LETOURNEAU: You guys are going to have to revote on that, though. BOARD MEMBER CURLEY: Are you modifying my motion? CHAIRMAN KAUFMAN: Well -- no, unless you want to do it. BOARD MEMBER CURLEY: I will modify my motion. I'll fill in the blanks on the gentleman's recommendation to 180 days with $50-a-day fine after that. BOARD MEMBER ELROD: Second. BOARD MEMBER CURLEY: And including today's costs. CHAIRMAN KAUFMAN: Operational costs of -- BOARD MEMBER FUENTES: 59.28. CHAIRMAN KAUFMAN: To be paid within 30 days. BOARD MEMBER CURLEY: Sure. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: We have a motion and a second. CHAIRMAN KAUFMAN: 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: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Sorry about your shed. January 23, 2025 Page 73 MR. ALLMAN: Next time I buy a house, make sure the shed's 30 feet, right? CHAIRMAN KAUFMAN: Have somebody come in and dig under the concrete, move the whole thing. MR. ALLMAN: I work with Flint & Doyle. CHAIRMAN KAUFMAN: There you go. MR. ALLMAN: But their price would be 5,000. Thank you. CHAIRMAN KAUFMAN: Okay. There you go. MR. ALLMAN: See you later. Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next, under old business, motion for imposition of fines and liens, No. 3, CESD20230003212, Bernhardt Family Trust. CHAIRMAN KAUFMAN: By the way, Helen, I have some slips here. You'll let me know when they come up? MS. BUCHILLON: Okay. They're going to be for the next case. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. MR. BERNHARDT: Mariano Bernhardt. 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. WILLIAMS: I do. MR. BERNHARDT: I do. MR. WILLIAMS: Doug Williams, Code Enforcement. CHAIRMAN KAUFMAN: Hi, Doug. MR. WILLIAMS: Past orders: On June 22nd, 2023, the Code Enforcement Board issued a finding of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached January 23, 2025 Page 74 order of the Board, OR6271, Page 3876 for more information. On March 28th, 2024, the Code Enforcement Board granted a continuance. See the attached order of the Board in Documents and Images for more information. This violation has been abated as of December 19th, 2024. Fines have accrued at a rate of 130 -- $175 per day for the period from November 20th, 2023, to December 19th, 2024, a total of 396 days, for the total amount of 69,300. Previous operation costs have been paid. Operation cost for today's hearing is 59.42. Total amount, again, is $69,359.42. The gravity of the violation was not a health-and-safety issue. Actions taken by the violator to correct: The property owner was able to get a certificate of completion for the demolition permit on December 19th, 2024. Any previous violation committed by the respondent: None. Any other relevant factors: None. CHAIRMAN KAUFMAN: Okay. Sir. MR. BERNHARDT: Good morning. We purchased the property at the end of January last year, and these issues were kind of ongoing for the previous owner. I believe this is the fourth and final, hopefully, appearance on my behalf since we purchased the property. Everything else has been rectified. This took the longest because we had to get permitting and then close it out and go through the recording process and all that. But it's been taken care of and I hope everyone's happy and we move forward. CHAIRMAN KAUFMAN: Okay. MR. IANDIMARINO: Mr. Chairman, if I may. CHAIRMAN KAUFMAN: Yes, Tom. MR. IANDIMARINO: Tom Iandimarino, director of Code Enforcement. January 23, 2025 Page 75 This house was a very big eyesore in the community in the past. A lot of homeless folks had lived in this residence, a lot of nefarious activity had been going on, numerous complaints from the neighborhood. Mr. Bernhardt and his family purchased this property last year. This is the final of all their cases that the property had. In fact, I think they adjoined two properties to make it one in addition to the numerous other things they've done. The house is clean. It's cleared. They're in the process of -- I think you're going to rebuild the house as it is, or -- MR. BERNHARDT: Yeah. We're trying to at least get it to where there's no rotted wood and stuff like that for now, and then eventually move forward with trying to fix it up. MR. IANDIMARINO: They still have to apply for code lien relief on other cases that they have. So the imposition on this one will just add to the relief that they're going to have to apply for through the main Board of County Commissioners. So whatever you do impose, if you choose to impose anything on this one, is going to be relieved because the value of the property is set up to the fact that they're going to have a relief on this based on all the fines that they have on the previous cases in addition to this one. So it's at your discretion, though, Mr. Chairman. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? BOARD MEMBER FUENTES: I'll make a motion to deny the county its fines -- imposition of fines; however, that today's operational costs of $59.42 do get paid within 30 days. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. January 23, 2025 Page 76 BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. BOARD MEMBER RUBENSTEIN: Nay. CHAIRMAN KAUFMAN: Okay. MR. BERNHARDT: Thank you. BOARD MEMBER FUENTES: Thank you for fixing that. MR. BERNHARDT: Yeah, you got it. MS. BUCHILLON: Next case, No. 4, CESD20220010204, Shore Woods A Condominium. This one we have three speakers. CHAIRMAN KAUFMAN: Okay. This is not an imposition of fines? MS. BUCHILLON: Yes, it is. We're still under imposition of fines. 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. COLLIER: I do. MR. ROBERTSON: I do. MR. MORRIS: I do. MS. LEONARDI: I do. MS. KOZAREC: I do. CHAIRMAN KAUFMAN: Okay. We'll hear the case, and then we'll hear the speakers before we make a determination, okay. And if each one of you could state your name on the microphone for us, that will make my friend Terri happy. MR. MORRIS: John Morris. CHAIRMAN KAUFMAN: Okay, John. MS. KOZAREC: Teresa Kozarec. January 23, 2025 Page 77 CHAIRMAN KAUFMAN: Thank you, Terri. MS. LEONARDI: Kim Leonardi. CHAIRMAN KAUFMAN: Okay. When the short people speak, you can bring the microphone down. Okay. MR. ROBERTSON: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. ROBERTSON: For the record, Jamie Robertson, Collier County Code Enforcement. And we're looking at 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 ordinance and ordered to correct the violation. See the attached order of the Board, OR6258, PG1615 for more information. On June 27th, 2024, the Code Enforcement Board granted the continuance. See the attached order of the Board in the Documents and Images for more information. The violation has been abated as of October 23rd, 2024. Fines and costs to date are as follows: Fines have accrued at a rate of 200 per day for the period from September 23rd, 2023, to October 23rd, 2024, for a total fine amount of 79,400. Previously assessed operational costs of 59.28 and 59.35 have been paid. Operational costs for today's hearing, 59.56. Total amount, 79,459.56. The gravity of the violation is health, safety, and welfare. Any actions taken by the violator to correct: Contractor hired, proper permitting obtained, and certificate of completion received. Any previous violations committed by the respondent: None. Any other relevant factors: No relevant factors. CHAIRMAN KAUFMAN: Okay. MR. COLLIER: If I may just add a few things. The respondents did stay in good contact with me throughout January 23, 2025 Page 78 the -- throughout the case and let me know the many challenges that they were having getting this permitted. I'll let -- I'll let you guys -- or I'll let them explain more about that to you. CHAIRMAN KAUFMAN: Sure. MR. COLLIER: But they did work diligently towards trying to get this abated. CHAIRMAN KAUFMAN: Okay. Can I assume that you're going to request that the fines be abated or lessened? MR. MORRIS: Yes, Mr. Chairman, we are. CHAIRMAN KAUFMAN: Go from there. MR. MORRIS: Okay. Thank you very much for the opportunity to speak here. Shore Woods is a small 64-unit, two-story complex. We started in '22, 19 -- 2022 on a project to replace some rotted siding on one of our buildings. We did that without knowing we needed the permit. We thought it was a replacement in kind. We were wrong. When we were served the notice of violation, we stopped work on that building. We had three more buildings to go, but we didn't touch another building until we had an opportunity to go get more money from our ownership to hire a contractor and then go through the permitting process, which was laborious for us because we didn't know we needed an engineering analysis. We thought we had a simple -- take the cedar siding off, put the Hardie board on, but it turned out to be far more than that. This project was complicated by the time frame. This was Ian. And every contractor was tied up. We were a small job in their eyes, and so we had quite a bit of difficulty. But we didn't do any more work after we were served the notice, and the project took longer because we were permitting for all four buildings. And if we -- in hindsight, if we had just gone and corrected the violation for the one building where we did do the work January 23, 2025 Page 79 without a permit rather than wait for all the permitting for all four buildings and the construction to be done for all four of those buildings, the time frame would have been considerably shorter. So we made some mistakes along the way. We have learned from those mistakes, and we do respectfully request that the Board consider these extenuating circumstances. We are a small retiree community. Our entire budget for a year is 500,000. I am the president of the Board since March. And we do have Teresa, our past president, who can give you more detail if you want on -- on our plight of trying to hire both a contractor who could do the permitting and then an engineer who could do the analysis during a time frame when those people were in very high demand. CHAIRMAN KAUFMAN: Okay. I don't personally think it's necessary. Does anybody on the Board want to hear more? BOARD MEMBER AYASUN: No. CHAIRMAN KAUFMAN: No, okay. So -- BOARD MEMBER CURLEY: I'll make a motion, if you want. CHAIRMAN KAUFMAN: Yes. Okay. It's in compliance now. Before you make a motion, I have speaking slips. Is that from this case? BOARD MEMBER FUENTES: I believe that's John Morris right there. CHAIRMAN KAUFMAN: Okay. That's one. BOARD MEMBER FUENTES: That's Kim. CHAIRMAN KAUFMAN: Kim, got you here. BOARD MEMBER FUENTES: And you have Teresa. CHAIRMAN KAUFMAN: Teresa. Okay. And Maria. Maria's not here. MR. MORRIS: That's not our case. CHAIRMAN KAUFMAN: That's another case, okay. MS. BUCHILLON: Maria's for the next case. January 23, 2025 Page 80 CHAIRMAN KAUFMAN: Okay. Gotcha. We have to go through all the paperwork. I've got to make sure it's all done. Okay. BOARD MEMBER CURLEY: Yeah. So I understand the long process of thinking you're doing the right thing by getting all four buildings consolidated. Had you just corrected the mistake originally, you probably would have been done within two months. So I get it. I'm going to make a motion to deny the county's imposition of fines with the exception of today's hearing costs of 59.56. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: We got a second. BOARD MEMBER ELROD: Yes. CHAIRMAN KAUFMAN: We have a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Thirty days for the ops costs? MR. ROBERTSON: Thank you. MR. MORRIS: We thank you very much for understanding our case. Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next case, we are still under imposition of fines, No. 6, CESD20230008714, and No. 7, CESD20230008795, January 23, 2025 Page 81 Santiago Ospina and Jorge Ospina. And for that one we also have a speaker, which is Maria. 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. OSPINA: Yes. MS. MAGHINI: Yes. CHAIRMAN KAUFMAN: Sir, could you give us your name on the microphone, please. MR. OSPINA: Santiago Ospina. CHAIRMAN KAUFMAN: Okay. We can hear these cases together and vote on them separately. Okay. MR. OWEN: Very good. CHAIRMAN KAUFMAN: Okay, Brian. MR. OWEN: All right. For the record, past orders: On February 22nd, 2024, the Code Enforcement Board issued a findings of facts and 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, OR6336, PG414 for more information. The violation has not been abated as of January 23rd, 2025. Fines and costs to date are as follows: Part 1, fines have accrued at a rate of $200 per day for a period -- $200 a day for a period from February 28th, 2024, to January 23rd, 2025, 331 days, for a total fine amount of $66,200. Part 2, fines have accrued at a rate of $200 per day for a period from August 23rd, 2024, to January 23rd, 2025, 154 days, for a total fine amount of 30,800. Fines continue to accrue. Previous operational -- assessed operational costs of 59.28 has been paid, operational costs for today's hearing is 59.28, for a grand January 23, 2025 Page 82 total of 97,059.28. CHAIRMAN KAUFMAN: Okay. MR. OWEN: Would you like me to read the order on the next case, sir? CHAIRMAN KAUFMAN: Before you do that, just give us a quickie summary of what this violation was. MR. OWEN: This violation was cited for a pre -- a garage that had pretty much been turned into a living space. It has HVAC. CHAIRMAN KAUFMAN: A garage conversion. MR. OWEN: Yep. CHAIRMAN KAUFMAN: Okay. And the second case, if you want to read that into the record for us. BOARD MEMBER CURLEY: Mr. Chair, the woman has got her hand raised. CHAIRMAN KAUFMAN: Yes. MS. MAGHINI: The other case is more than just a garage conversion. MS. BUCHILLON: You can't speak out there. You've got to speak on the microphone. CHAIRMAN KAUFMAN: Do you want to wait until we hear both cases before you speak? MS. MAGHINI: Yes. MR. OWEN: All right. This is for the next case. Past orders, on January 25th, 2024, the Code Enforcement Board issued a finding of facts, conclusion of law and order. The respondent was found in violation of the referred ordinances and ordered to correct the violation. See the attached order of the page OR6329 [sic], PG1066 for more information. The violation has not been abated as of January 23rd, 2025. Fines and costs to date are as follows: Part 1, fines have accrued at a rate of $75 per day for the period from January 27th, January 23, 2025 Page 83 2024, to January 23rd, 2025, 363 days, for a total fine amount of $27,225. Part 2, fines have accrued at a rate of $75 per day for the period from August 23rd, 2024, to January 23rd, 2025, 154 days, for a total fine amount of $11,550. Fines continue to accrue. Previous assessed operational costs of 59.28 have been paid. Operational costs for today's hearing, 59.28, for a total fine amount of $38,300 -- I'm sorry -- -834.28. CHAIRMAN KAUFMAN: Okay. And the summary on this one, this is for a shed. MR. OWEN: This is a shed that was pretty much turned into a small home. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER AYASUN: Wow. CHAIRMAN KAUFMAN: All righty. MR. OWEN: I believe Maria wanted to say something. CHAIRMAN KAUFMAN: Yes. Maria. MS. MAGHINI: The first -- the first case -- CHAIRMAN KAUFMAN: Hold it. Hold it. THE COURT REPORTER: Can you state your name? MS. MAGHINI: Maria Maghini. CHAIRMAN KAUFMAN: Hold on one second. Do we have to swear her in? THE COURT REPORTER: I did. CHAIRMAN KAUFMAN: You did? Terri, you're on the ball. Okay, Maria. Sorry. MS. MAGHINI: During the -- I just want to point the correction. During the -- on the first case, it's a conversion of a preexisting attached garage. It's an addition to the back of the property, and it's a change out of windows and doors, too. January 23, 2025 Page 84 CHAIRMAN KAUFMAN: Okay. Do you live nearby? MS. MAGHINI: I live right next to Mr. Ospina. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So what -- can I ask, what are you telling us? Are you telling us that they're doing more than that case is involving? I don't understand. MS. MAGHINI: I'm just letting you know, Mr. Owen says that it's a conversion of an existing garage into living space, but in the same case is also an addition to the back of the property and also change of windows and doors, exterior windows and doors; that that was left out. That's what I'm saying. CHAIRMAN KAUFMAN: Okay. Brian. MR. OWEN: What she's saying is true. It is -- it is cited in the description of the violation. I just didn't elaborate on it. So she is -- CHAIRMAN KAUFMAN: Okay. It's not a separate case? MR. OWEN: What she's saying is factual. I just did not elaborate as much. So she is accurate. CHAIRMAN KAUFMAN: Okay. Let me go to the respondent now. Sir? MR. OSPINA: Yeah. Okay. So for the first case, that's for the main house, right? CHAIRMAN KAUFMAN: Yeah. MR. OSPINA: So the garage that was converted, that was converted 30, 40 years ago before I was born. I was using a consultant, Claudine Auclair, to try to get someone on the county to go take a look at that because, from her perspective, her experience, she was saying that was not a violation. We were focused on the windows and door changes, which is, when I bought the house, they were completely cracked and needed to be replaced. And I know that needs to get fixed. I have had very little luck with Claudine. And she sent an January 23, 2025 Page 85 e-mail, I believe, yesterday admitting fault that she has not been communicative with me. And I had -- I gave her notice that I would like to no longer use her services. I have hired Shalonda Washington to move forward with any permitting. For the main house, yeah, so the garage that was converted, I have done nothing there. No one lives in that room. No one touches that room. The electric there is connected to my kitchen, so I can't turn it off. But besides that, anything else there is -- I don't know what else I could do there. Then the two windows and doors, I'm waiting on an engineer to do that, which we also did change of engineer. So we changed to a different design professional yesterday. CHAIRMAN KAUFMAN: Okay. Do you want to talk about the second case? MR. OSPINA: The second case, which is the house in the back, yep, that has completely electricity shut off to it. Nothing has been touched there. I send in a housekeeper twice a month to go clean it to make sure there's no mold, anything growing on. Thankfully, it's very well insulated, and nothing's been going on there. But there's no electric. It's not used for anything. The septic tank is connected, but it is not in use. It's just a small, like, little one-bed, one-bath pretty much. For that, there were permits applied in October, which I was not noticed of the rejection by Claudine. She was notified, and I was never told. There -- I was just away for a month. I didn't get to meet Mr. Brian until today, and they had already given me three notices during December. I was away for a family emergency. As soon as I got back, I called Claudine. "What's going on? I didn't know this January 23, 2025 Page 86 was rejected. What can I do?" She was saying there was an issue with the septic. I started calling septic companies. I've got several quotes now to go remove the other one and have the other installed, but because of her lack of communication, I don't want to move forward with anything that I don't know is going to be needed or if I'm even going to be able to get this permitted. So I called Shalonda. She says nothing was done right. There was no compaction test, which I don't know what it is; that we still need a lot before anything else is done. The only thing that's been approved was the survey. And then the permit was rejected. So now we've got to move forward with everything else that she said to get that fixed. CHAIRMAN KAUFMAN: Okay. Did she give you any indication of how long that would take? MR. OSPINA: She said the engineer would have plans within four to five weeks. CHAIRMAN KAUFMAN: Okay. Unfortunately, we're in a position right now to either impose the fine or grant some additional time to come into compliance. MR. OSPINA: Yep. CHAIRMAN KAUFMAN: That's where we are. So I'm guessing rather than pay -- yes, Maria. MS. MAGHINI: Yes. Before you proceed -- before you proceed with it any further, I would like to give you my side of the story. CHAIRMAN KAUFMAN: Okay. Go ahead. MS. MAGHINI: All right. First of all, I would like to remind the Board that it has been two years since I filed my original complaint. It has been one year since Mr. Ospina's cases were heard by the Board members, and it has been -- Mr. Ospina has been accumulating fines for the last six months. As of today, all January 23, 2025 Page 87 violations still stand, and no permits have been issued to come in compliance. Mr. Ospina is not taking the directives of the Board seriously, and he has no intention in compliance -- in compliance since he has been aware of the violation for the last two years. Also, Mr. Ospina is not acting in good faith and continues to do unpermitted work. Two days ago, he installed a new garage door to the unpermitted addition of the house. So I am asking -- respectfully asking the Board members to consider not to have any leniency when it comes to the imposition of fines and charge Mr. Ospina for the full amount of the fines accrued. Thank you. CHAIRMAN KAUFMAN: Okay. Any discussion? BOARD MEMBER FUENTES: Brian, is that accurate, that the new garage door was installed, or have you not had a chance to inspect? MR. OWEN: Sir, that's on the backside of the house. So every time I've been to the house since I've had this case, no one has been there for me to get entry consent. The only thing that I have witnessed from a legal advantage point is the shed that's been converted into a living space at the rear of the property with a vehicle parked in close proximity to it. CHAIRMAN KAUFMAN: John, why don't you ask the respondent. BOARD MEMBER FUENTES: Did you install a garage door in the back? MR. OSPINA: Yeah, but I didn't -- not in the back, no. Like -- so that's not the -- that's not what the case is about. The case is about the front of the house. There was a garage that was converted. BOARD MEMBER FUENTES: Well, the case is about illegal January 23, 2025 Page 88 permitting activity. So let's -- the main violation is lack of permits for conversions and alterations to the main dwelling -- MR. OSPINA: Okay. BOARD MEMBER FUENTES: -- and to the rear. Did you add a garage door, then, to the back, anywhere, even on that property where you would have required a permit? MR. OSPINA: Just to the main house, but it was rotting. I didn't know that needed a permit. And I called a company. I called A1 Garage. They said no, we don't need a permit. BOARD MEMBER FUENTES: Jeff Letourneau, could you -- typically, if I'm not mistaken, you need a permit for a garage door, don't you? MR. LETOURNEAU: I would say yes, yeah. I'm not a building official, but in my experience, most garage doors would need a permit. MR. OSPINA: I can get that removed today. I did not know that. BOARD MEMBER FUENTES: Yeah, you're going to need a demo permit. No. MR. LETOURNEAU: That has nothing -- that has nothing to do with our cases today. It's just extensive evidence showing that he might be continuing to -- MR. OSPINA: The rest of the work I've been doing is I was painting the house this last week, and she's been out filming me. And I don't know if there's an issue with that. MR. LETOURNEAU: No issue with painting a house, no. BOARD MEMBER FUENTES: No. CHAIRMAN KAUFMAN: No issue with filming it either. Okay. So here we are. MR. OSPINA: I did not -- first of all, I didn't know about the fines, because what I was told the last hearing was turn off electric so January 23, 2025 Page 89 that there are no fines imposed. I turned off all the electric. I've been in contact with -- Charles was the first case officer. Then with Doug, had good communication with them. I did not get the pleasure to meet Mr. Brian until today. So I have not had any case to know what was going on with these fines. BOARD MEMBER FUENTES: I remember the first time we spoke. I remember we granted that time because, yeah, you were very reasonable, and they spoke very highly of your level of communication. I do recall that. MR. OSPINA: Yes. BOARD MEMBER FUENTES: But you are -- it might be wise to just take a moment and stop doing things without consulting the individual who's on your file already because, man, you've got somebody who's watching. And if she's saying that you're putting in a garage door -- MR. OSPINA: Okay. BOARD MEMBER FUENTES: -- and you don't know that it requires a permit, well, man, you're going to have a third case. Now, this doesn't seem like something you want. So, you know, talk to -- talk to the code investigator -- MR. OSPINA: Okay. BOARD MEMBER FUENTES: -- and get your ducks in order. As for the extension or imposing, I'm going to leave it to the Board. But I do think, you know, just -- when you've got someone watching, you've got to do things right. You know, not -- she's clearly going to be here, so do it right, because, you know -- MR. OSPINA: Yep. CHAIRMAN KAUFMAN: Let me pose this question: Is there something that we're not hearing here at the meeting between you and Diana? BOARD MEMBER AYASUN: Maria. January 23, 2025 Page 90 CHAIRMAN KAUFMAN: Maria. MR. OSPINA: Not -- I've never had an issue. From the third day I moved into the house, she came out yelling at my mom because we were blowing leaves. So I've heard from all the other neighbors. I've gone to the other neighbors -- Ms. Marie, which is a very nice 80-year-old woman -- and she has told me for the last 27 years she has been very rude to them but just to ignore her and try to avoid her. Everyone on the block seems amazing. Everyone invites us to block parties, says hi, everyone greets each other. I mean, I've had -- FPL's changing to the electric, we all let FPL onto our properties. They ran them off. So I don't -- I don't know what her issue is with me. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: You need to start recording. MR. OSPINA: I'm not that petty. CHAIRMAN KAUFMAN: Maybe she's making a movie and you're going to be starring in the movie. MR. OSPINA: I just want to know how much iCloud storage she has, because -- man. CHAIRMAN KAUFMAN: Okay. I just -- that's not part of the case, but it is part of the problem. BOARD MEMBER AYASUN: Yeah. BOARD MEMBER CURLEY: Okay. So -- CHAIRMAN KAUFMAN: So here we are. We're going to vote on Case 6 and 7 separately. And Shalonda has not given you any real -- MR. OSPINA: She had a passing -- CHAIRMAN KAUFMAN: -- drop-dead date? MR. OSPINA: She had a passing and today said she couldn't be available for the case, but she said the new design professional, everything's getting notarized today, and that he says four to five January 23, 2025 Page 91 weeks but that it's usually quicker to have the plans in and then for submission and everything in the county. CHAIRMAN KAUFMAN: Okay. Well -- MR. OSPINA: So I would like to get at least that month to get all those plans in. CHAIRMAN KAUFMAN: And if I'm not mistaken, Jeff, this is taking this through CO? MR. LETOURNEAU: Yeah, both cases. CHAIRMAN KAUFMAN: So it's not just the permit. It's the permit and getting everything done. MR. OSPINA: Okay. CHAIRMAN KAUFMAN: Okay. I don't know that -- obviously, I don't know the scope of the work that needs to be done, nor do I have any idea how long it's going to take. But that's probably a conversation between you and Shalonda. So I'm open to granting some sort of time to get everything done. I'd like to hear from the Board. BOARD MEMBER FUENTES: I mean, Bob, I'm not opposed to that. I really need you to work -- if we do this -- MR. OSPINA: Yes. BOARD MEMBER FUENTES: -- you've really got to talk to Brian here. MR. OSPINA: Okay. Yeah -- no. Like I said, I met him today, and today I plan on getting his number, everything, and communicating properly. BOARD MEMBER FUENTES: Man, because this is -- we're going to do it again. This is again. And we can do that, but you've got to stop installing things -- MR. OSPINA: Okay. BOARD MEMBER FUENTES: -- because that doesn't help me in the back of my mind where I'm like, "Damn, he's still doing January 23, 2025 Page 92 things." And you just -- MR. OSPINA: And is there a way to not change the officer again? Because this is the third -- BOARD MEMBER FUENTES: That has nothing to do with me. I just -- you've got to communicate. MR. OSPINA: Can I make a request? BOARD MEMBER FUENTES: Nobody's ever told me that you haven't been. We've never had that been said here, but... MR. OSPINA: It's just -- it changes communication. I mean, everyone had my e-mail, my phone number, but I know Brian didn't. CHAIRMAN KAUFMAN: Okay. Jeff. MR. LETOURNEAU: I can't promise an investigator won't change. We're going through quite a bit of flux in Code Enforcement; however, you could make a request to his supervisor, Bradley, back there, to keep him on the case. And if he grants that then, you know, so be it. But I can't -- I can't make any promises at this point. MR. OSPINA: Thank you. BOARD MEMBER CURLEY: Well, I've been shot down all day, so I'm going to give this a try because I think you're going to end up with three months, but I'm going to recommend nine months only because I think you're sick of all this. MR. OSPINA: I am. BOARD MEMBER CURLEY: So you want to get the COs, and the COs take a lot longer. Probably three months you could get everything in check, but that's not going to close everything out -- MR. OSPINA: Okay. BOARD MEMBER CURLEY: -- whether you need to demo or not. So I would be willing to keep these two cases parallel with the same extension -- or a continuance and see how that goes. And just January 23, 2025 Page 93 a sidebar that any opening needs a permit. MR. OSPINA: Okay. BOARD MEMBER CURLEY: Window, door, garage. MR. OSPINA: Thank you. BOARD MEMBER AYASUN: And if I may add, listen to John's advice: Don't put anything new, but don't also take anything out either. That needs a permit, too. MR. OSPINA: Okay. BOARD MEMBER ELROD: I second your motion. MR. LETOURNEAU: Ops cost for today. BOARD MEMBER CURLEY: You'd have to pay operational costs for today of 59.28 times two. MR. OSPINA: Okay. BOARD MEMBER FUENTES: You've got to realize, too, those fines are going to continue to accumulate. I don't see this being one of those case where you're walking out with a zero. MR. OSPINA: Okay. BOARD MEMBER FUENTES: Okay. So the sooner you get this, the less you're going to pay, but it -- I mean, you're going to pay, most likely. MR. OSPINA: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. The -- again, we're going to vote on each one individually, but you can have the same motion if you want on both cases. BOARD MEMBER CURLEY: Okay. So the first -- CHAIRMAN KAUFMAN: So let's start with any discussion from the Board on the motion that's before us. BOARD MEMBER RUBENSTEIN: Which is? BOARD MEMBER FUENTES: Nine months continuance where the fines continue to roll. BOARD MEMBER RUBENSTEIN: Okay. January 23, 2025 Page 94 CHAIRMAN KAUFMAN: Okay. That's the first case with the ops costs. BOARD MEMBER RUBENSTEIN: Has that been seconded? BOARD MEMBER ELROD: Yes. BOARD MEMBER FUENTES: It was seconded by Ms. Kathleen. CHAIRMAN KAUFMAN: Okay. And that's the ops costs of 59.28 to be paid within 30 days. That's -- BOARD MEMBER AYASUN: The first case. CHAIRMAN KAUFMAN: -- No. 6. Let's vote on that one. All those in favor of that? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? BOARD MEMBER FUENTES: Nay. CHAIRMAN KAUFMAN: Okay. One nay. And I'm guessing the nay is because you think that's too long a time? BOARD MEMBER FUENTES: I think it's a little long. I'm willing to work with it. I think nine months might be a little long, only because we have somebody here who's voicing their concerns. And it's a health-and-safety issue at the end of the day. So I thought nine months was long, but I am open to time. CHAIRMAN KAUFMAN: Okay. I'd like to add to the motion. Off the record, can you check with the respondent, maybe three months from now to see that there's been progress being made? MR. OWEN: Yes. CHAIRMAN KAUFMAN: Okay. January 23, 2025 Page 95 MR. OSPINA: I would hope less. Like, I would hope there's progress in less than that time. CHAIRMAN KAUFMAN: Okay. MR. OWEN: I set myself up with a monthly reinspection, so I will be checking with him on a specific day every month. CHAIRMAN KAUFMAN: Okay, great. Now -- so Item 6 is done. Number 7, Sue, did you want to make the same motion on that? BOARD MEMBER CURLEY: Yeah. I mean, I hear John, but I think that the work -- one of these isn't any less work than the other. So I want to just keep them running the same amount of time. BOARD MEMBER FUENTES: I agree. BOARD MEMBER CURLEY: So, yes they're the same motion. Ninety days, 59.28 payable -- MS. BUCHILLON: Sue, move your microphone, please. BOARD MEMBER ELROD: Nine months or 90 days? BOARD MEMBER CURLEY: Nine months. CHAIRMAN KAUFMAN: Okay. We have a motion. We have a second. BOARD MEMBER ELROD: Second. CHAIRMAN KAUFMAN: We have 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. January 23, 2025 Page 96 BOARD MEMBER CURLEY: And the operational costs of 59.28 payable within 30 days. CHAIRMAN KAUFMAN: Right. BOARD MEMBER FUENTES: The operational costs are separate for both cases. MR. OSPINA: Yep, two, two. Yep. Thank you to the Board. CHAIRMAN KAUFMAN: Okay. Good luck. MR. OSPINA: Thank you. CHAIRMAN KAUFMAN: How we doing, Terri? THE COURT REPORTER: (Shrugs shoulders.) MS. BUCHILLON: We're still under imposition of fines. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 9, CESD20230007234, Livia Liste. MR. KAMPA: Good morning. CHAIRMAN KAUFMAN: Good morning. Could you put your name on the microphone, each of you. MR. KAMPA: My name is Manuel Kampa (phonetic). CHAIRMAN KAUFMAN: Okay. And your name is? MR. KAMPA: I'm translating for her. MS. LISTE: Livia Liste. 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. KAMPA: 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? MS. LISTE: I do. MR. MIGAL: I do. CHAIRMAN KAUFMAN: Translator? January 23, 2025 Page 97 MR. KAMPA: Yes. CHAIRMAN KAUFMAN: Okay. Rick? MR. MIGAL: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. MIGAL: Good morning. For the record, Rick Migal, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Do you want to read this into the record for us, Rick? MR. MIGAL: Absolutely. Past orders: On January 25th, 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 ordered to correct the violation. See the attached order of the Board, OR6329, Page 1068 for more information. On May 23rd, 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 January 23rd, 2025. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from November 24th, 2024, to January 23rd, 2025, or 61 days, for a total fine amount of $12,200. Fines continue to accrue. Previously assessed operational costs of $59.28 and $59.42 have been paid. Operational costs for today's hearing is $59.49, and the total amount is $12,259.49. CHAIRMAN KAUFMAN: Okay. And you are here to request what? MR. KAMPA: An extension of time. CHAIRMAN KAUFMAN: This case began one year -- almost exactly one year ago. What's been done? January 23, 2025 Page 98 MR. KAMPA: Okay. She submitted the -- all the permitting and started looking for contractors to do the job, and she realized that it was -- it was -- all the estimates was too high for the money that she had available for this job, and then she made changes. They're now on the revision. She submitted again, changed the plans, the original plans, and now we -- she waiting for the -- to be completed to start the job. That's why she is requesting an extension of time for this. CHAIRMAN KAUFMAN: So in one year, she's done just about nothing; is that correct? As far as you have no permits, so no permits were requested other than the fact that you were shopping for somebody, and they were priced too high. MR. KAMPA: She just told me the architect took time to come and bring the new plans and then submit it, and now last month, she submitted the new plans, and it's been on the -- she's just waiting for the answer of the changes that she made. BOARD MEMBER CURLEY: So the permit that she put in originally was accepted? MR. KAMPA: It was accepted. She pay all the inspections back in June, and then after June, when she had all the permit, she start looking for the contractors, and then it took some time for them to come in, give them, and then it's been, like, many of contractors giving -- BOARD MEMBER CURLEY: So the revision to the -- the new revision, is this to mitigate some of the fees to make it a less expensive addition; is that what you -- is that what you were -- MR. KAMPA: Correct. BOARD MEMBER CURLEY: -- shopping to do? MR. KAMPA: And that's something that has been going on right now. BOARD MEMBER CURLEY: Well, I mean, that's fair. January 23, 2025 Page 99 CHAIRMAN KAUFMAN: Rick, do you have any indication of what was submitted and what was approved or not approved? MR. LETOURNEAU: I'm looking at it right now. It's a very comprehensive permit that covers a lot of areas in the permit. It is issued and in good standing right now. So the garage conversion, a laundry room with a rear lanai, install pavers to the rear of the property, and demo laundry room, and addition of new laundry room. So it's quite comprehensive. CHAIRMAN KAUFMAN: So the permit was issued. MR. LETOURNEAU: It is issued right now, yes. MR. MIGAL: It wasn't issued yesterday. MR. LETOURNEAU: Okay. Yeah. It looks like it was updated today, actually, the 23rd. So while we're sitting here, it's been reinstated, yeah. CHAIRMAN KAUFMAN: Okay. So my question then is, when do you think this is going to be done? MR. KAMPA: Okay. She says first she have to wait until everything is approved, of course. She understand what he says, that it's -- today it just got approved, so good news. And she's ready to start the job whenever, you know, this was approved. CHAIRMAN KAUFMAN: From what Jeff has said, this looks like quite a lengthy process to get it all done. MR. LETOURNEAU: Yeah. There's a ton of inspections on this permit. CHAIRMAN KAUFMAN: The work has been done. It's just the inspections haven't been done? MR. LETOURNEAU: I can't say that, but there is a lot of inspections for -- obviously, because there's a lot to inspect. There's numerous items that need to be permitted on this particular one permit. I've, frankly, never seen a permit like this before with that many things on it at one time. January 23, 2025 Page 100 BOARD MEMBER AYASUN: Has work started yet? No. MR. KAMPA: No, because she was waiting for this to be okay, for the okay for the new changes that she made. BOARD MEMBER CURLEY: Yeah. So she resubmitted the permit to get the cost down and to be able to afford it. MR. KAMPA: Correct. BOARD MEMBER CURLEY: And I don't find that the year time that she's taken has been any more than what a normal person would go through, so -- MR. KAMPA: The contractor is ready to start wherever, you know, but she was just waiting for the -- BOARD MEMBER CURLEY: I mean, it may be getting done backwards, but I think she's on the right track. BOARD MEMBER FUENTES: If we give her nine months, will she smile? MR. KAMPA: Nine months? BOARD MEMBER CURLEY: She has to smile, though. BOARD MEMBER FUENTES: She has to smile. MR. KAMPA: Very generous. Very generous. CHAIRMAN KAUFMAN: So you want to make a motion, John? BOARD MEMBER FUENTES: It would be a continuance. I'll talk to the Board first and see if you guys think nine months is -- the permit's in good standing. She's doing what she needs to do to come into compliance. It's always reasonable to understand financial hardship. It's part of what we're supposed to take into account. But she's working on it. We can do a continuance, let the fines keep accruing, and that way we can come back. Give her nine months. Jeff says it's an extensive permit; therefore, it's probably going to take a bit of work. What do you think, Lee? January 23, 2025 Page 101 CHAIRMAN KAUFMAN: Go ahead. BOARD MEMBER RUBENSTEIN: Point of information. CHAIRMAN KAUFMAN: Yes. BOARD MEMBER RUBENSTEIN: Have you bid out this revised job since you changed the plans? Have you rebid it? BOARD MEMBER FUENTES: Lee, she said she did. She changed the -- that she did the revision of the permit to lower the cost. She did do that. BOARD MEMBER RUBENSTEIN: Oh, so you revised down? BOARD MEMBER FUENTES: Yes. MR. KAMPA: Yes. BOARD MEMBER RUBENSTEIN: I'll second your motion. BOARD MEMBER FUENTES: I'll go ahead and make a motion that today's operational costs of $59.49 do get paid within 30 days. We will go ahead and grant a continuance for nine months, okay. In nine months, we hope to have something that you guys can present and hopefully get this abated. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: Actually, Lee seconded. BOARD MEMBER AYASUN: Lee seconded? BOARD MEMBER RUBENSTEIN: I did. CHAIRMAN KAUFMAN: That's like the seal of God. BOARD MEMBER CURLEY: I just have one question for -- CHAIRMAN KAUFMAN: Hold on. BOARD MEMBER CURLEY: -- the county about this. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER CURLEY: So because this is just the unpermitted rear portion, if that part of that permit gets signed off on and, say, she's still working on pavers later, can we pull this case back, or does the whole permit have to be -- January 23, 2025 Page 102 BOARD MEMBER FUENTES: No, the whole permit. MR. LETOURNEAU: At this point, because the order says certificate of completion -- certificate of completion/occupancy, they would need to have that done before we would do the affidavit, yeah. CHAIRMAN KAUFMAN: Okay. All right. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Nine months. You can make a baby in nine months. You can finish a house in nine months. MR. KAMPA: Thank you very much. MS. LISTE: Thank you. CHAIRMAN KAUFMAN: Terri's shaking her head at me. BOARD MEMBER CURLEY: What is this baby thing? CHAIRMAN KAUFMAN: That's my humor. MS. BUCHILLON: Next case, we're still under imposition of fines, No. 10, CELU20230010096, Henal Myrthil. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. JOHNSON: I do. MR. MYRTHIL: I do. MS. MYRTHIL: I do. CHAIRMAN KAUFMAN: Okay. Could you state your name January 23, 2025 Page 103 on the microphone for us, please. MS. MYRTHIL: Metlove Myrthil. MR. MYRTHIL: Henal Myrthil. CHAIRMAN KAUFMAN: Okay. How would you like to read this into the record for us? MR. JOHNSON: Yes, I would like to do that. I thank you. Members of the Code Enforcement Board, John Johnson, Code Enforcement. Past orders of the Board: On June 27th, 2024, the Code Enforcement Board issued a findings of fact, conclusions of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR6382, PG2083 for more information. The violation has not been abated as of January 23rd, 2025. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from October 26th, 2024, to January 23, 2025, 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 are $59.28. Total amount, $9,059.28. CHAIRMAN KAUFMAN: Could you give us a quickie summary on this? MR. JOHNSON: Yes. There is -- this is Investigator Jason Packard's case, but it is -- the property's being used to store, I'll use a technical term, stuff. The stuff is things that the respondent collects to send to Haiti as to try to help the people there in Haiti, so -- and if I speak out of turn, let me know, sir, okay, if I say that wrong. But I believe that's what they're doing. So we're trying to get that cleaned up. It's an illegal land use. It's not allowed to store things like that January 23, 2025 Page 104 prior to shipping. So we've had other cases like this. This is -- this is what this is. CHAIRMAN KAUFMAN: Vehicles? MR. JOHNSON: There's a couple of vehicles. There's -- CHAIRMAN KAUFMAN: Are they registered? MR. JOHNSON: I don't know the answer to that, sir. CHAIRMAN KAUFMAN: Okay. We'll ask the respondent. Okay. MR. MYRTHIL: All vehicle is my -- is registered. The other one is for Haiti. The other vehicle they don't have that. CHAIRMAN KAUFMAN: I'm sorry. I didn't understand you. MS. MYRTHIL: He said all the ones that he owns are registered, but all the other ones are old vehicles that they don't have a tag. They don't -- they're not registered. They're just vehicles that he wants to send back to Haiti. But because of the things that happening right now, we're unable to send anything right now. So we're just asking for some times to get this cleared up. BOARD MEMBER FUENTES: The problem is is that it's been over -- well, it's almost a year now. And this isn't something that requires a permit. This is something that just requires removal. MS. MYRTHIL: I know. We started, but we just haven't get there fully yet. But most of the stuff have been removed. BOARD MEMBER FUENTES: John, you've had this case from the beginning? MR. JOHNSON: No. Investigator Packard has had this case from the beginning. And they have removed a lot of stuff, but there is still stuff, including these vehicles. CHAIRMAN KAUFMAN: Is this a complaint by a neighbor? MR. JOHNSON: Wow. I don't know the answer off the top of my head. I'd have to look that up. If only I had somebody who was running CityView. January 23, 2025 Page 105 MR. IANDIMARINO: I think -- for the record, Tom Iandimarino, director. I think this complaint came in through animal services. They had a hobby breeder permit for hobby breeding animals on the property, and when they were there, it was rather -- you could see all the, as he says, technical term, "stuff," and they called it in. CHAIRMAN KAUFMAN: Okay. Unfortunately, whether you can send it to Haiti or if it goes to Greenland, it doesn't matter. It doesn't belong there. That's the problem. So if you could say we're shipping it out on Thursday, or next Tuesday or whatever, that would go a long way into solving the problem. But to come to the Board when we have the imposition sitting in front of us and not know anything going forward, that's difficult for us. BOARD MEMBER AYASUN: If they were a registered relief agency, it would be different. They could apply for a permit for that, because we've done that before for earthquakes and all that. But I don't know if they are a registered -- they're just doing it voluntarily, yeah. BOARD MEMBER FUENTES: When you say "stuff," what are you referring to? MR. JOHNSON: And I can't speak to that registered thing that you -- BOARD MEMBER FUENTES: John, when you say "stuff," what are you referring to? MR. JOHNSON: I am referring to things like vehicles, storage containers, commercial vehicles. There's other, like -- BOARD MEMBER FUENTES: How does it tie into the animals? MR. JOHNSON: Household -- you know, household items, things like that. BOARD MEMBER FUENTES: But how does it tie into the January 23, 2025 Page 106 animal stuff? MR. IANDIMARINO: It was not tied into the animals. When the animal control officer was there inspecting to determine whether or not they had a -- as far as the animal -- the hobby breeder, they have to do inspections, and upon the inspection, he saw shipping containers and other items stored on the property with a lot of garbage and stuff sitting around, of which they wish to send to Haiti. They're using the property as a staging area to load these containers to then ship them over to the -- to Haiti. BOARD MEMBER FUENTES: Got it. Sorry. (Simultaneous crosstalk.) BOARD MEMBER RUBENSTEIN: How many vehicles? I'm sorry. Go ahead. BOARD MEMBER FUENTES: No. If you want to talk about it. CHAIRMAN KAUFMAN: Where does the stuff that's -- this stuff come from? Is it just dropped off there? Do you pick it up and put it there? MR. MYRTHIL: All the stuff they was talking, it wasn't mine. It was for my neighbor. But because they see all them inside -- inside because I'm there, I'm included. But it wasn't mine. BOARD MEMBER RUBENSTEIN: How many vehicles around the property, and how many storage containers? MR. MYRTHIL: This one is my truck. That one is my daughter -- my son truck, and then that -- all this part you see over there, they were removed long time ago. Only this container is there, and then this mobile home, it was how someone sleeping there, but he don't sleep in there yet -- again. After that, I don't have him there. BOARD MEMBER FUENTES: To the Board, I guess I find it a little difficult to grant time when there's no permits required. January 23, 2025 Page 107 MR. MYRTHIL: I have that truck -- BOARD MEMBER FUENTES: Something that could have just been removed. MR. MYRTHIL: -- and that truck behind the container is ready to go to Haiti, but they have something in the tire, it cannot move. They go and fix the wheel before he going. BOARD MEMBER FUENTES: And this case is from 2023. CHAIRMAN KAUFMAN: Well, it sounds like it needs to be removed, period, or the fines have to be -- MR. MYRTHIL: All this is small tent [sic] removal really. BOARD MEMBER CURLEY: I have a question, sir. Is there a way you can move the vehicles that aren't licensed and registered somewhere else and have those containers moved somewhere else? MR. MYRTHIL: But this container -- BOARD MEMBER CURLEY: No, no, let me finish, please. Not here, because that's the only option, or we're going to fine you $9,000, and then you're going to keep getting fined $100 a day until this is cleaned up. It's really expensive. Ten thousand dollars would be much better served for your cause than a fine. MR. MYRTHIL: But that picture I think is an old picture because -- BOARD MEMBER CURLEY: I'm not looking at that picture. I'm just asking you. You told me that there was four cars there, or vehicles, that didn't -- that didn't belong to you and weren't being used. MR. MYRTHIL: Yeah. BOARD MEMBER CURLEY: Those four cars must -- and you were told this a year and a half ago -- be moved. And there's no other option for us. Giving you more time is not going to work, because you've had a year and a half, and you've not done anything. MR. MYRTHIL: Yeah. I'm going to try to move all this -- it January 23, 2025 Page 108 belong -- it don't have tag right now because -- it's just take a little bit of time. BOARD MEMBER RUBENSTEIN: Do you have any type of -- right here. Do you have any type of contract with any type of shipping company to remove all this stuff at a given time in the next 30 days, 60 days? Have you made arrangements to get this removed? MR. MYRTHIL: Maybe 90 days. BOARD MEMBER RUBENSTEIN: No. Do you have a contract with a company to come and remove the trailers and the vehicles? MR. MYRTHIL: We driving to Miami. BOARD MEMBER RUBENSTEIN: Do you have a contract with somebody? MR. MYRTHIL: Yeah, a shipping container. BOARD MEMBER RUBENSTEIN: And when are they supposed to pick that up? MR. MYRTHIL: No. We pay people to put it over there. MS. MYRTHIL: They're basically going to get towed over there to Miami. BOARD MEMBER FUENTES: Lee, I'll make a motion. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER FUENTES: I'm going to make a motion that the county does impose its fines at this time and that today's operational costs do get paid within 30 days. BOARD MEMBER CURLEY: Yeah, I'll second that. CHAIRMAN KAUFMAN: 59.28. BOARD MEMBER FUENTES: I don't see it. CHAIRMAN KAUFMAN: Don't see what? BOARD MEMBER FUENTES: Today's operational costs of 59.28 do get paid within 30 days. But, yes, at this point the county January 23, 2025 Page 109 will be imposing its fines. 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: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. JOHNSON: Thank you. MR. MYRTHIL: Thank you. CHAIRMAN KAUFMAN: I would suggest -- you say you take this stuff and you bring it to Miami? MR. MYRTHIL: Yes. CHAIRMAN KAUFMAN: Do it tomorrow. MR. MYRTHIL: Not tomorrow. CHAIRMAN KAUFMAN: Well -- BOARD MEMBER CURLEY: Every day you're being fined $100. CHAIRMAN KAUFMAN: It's an expensive place to park. BOARD MEMBER CURLEY: I don't think he quite understands the implications of the -- CHAIRMAN KAUFMAN: Okay. You can explain that to him out in the hall. MR. JOHNSON: Yep. CHAIRMAN KAUFMAN: Okay. How's your hip? MR. JOHNSON: (Indicating.) CHAIRMAN KAUFMAN: Good. January 23, 2025 Page 110 MS. BUCHILLON: We have a change to the agenda, first of all. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Under imposition of fines, No. 2, CEVR20220000759, C&J Wrestling Hauling Corp, has been withdrawn. CHAIRMAN KAUFMAN: Okay. BOARD MEMBER ELROD: Make a motion to accept the change of the agenda. BOARD MEMBER AYASUN: Second. BOARD MEMBER CURLEY: Second. CHAIRMAN KAUFMAN: 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Next -- we're still under imposition of fines, No. 11, CEPM20220002333, Treetops of Naples. 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. MR. JOUBERT: I do. CHAIRMAN KAUFMAN: Good morning. MR. MUSSE: Good morning. January 23, 2025 Page 111 CHAIRMAN KAUFMAN: Would you like to read this into the record for us? MR. MUSSE: Yes, sir. 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 ordered to correct the violation. See attached order of the Board, OR6382, Page 2091 for more information. The violation has not been abated as of January 23rd, 12025. Fines have accrued at the rate of $200 per day for a period from September 26th, 2024, to January 23rd, 2025, 120 days, for a total fine amount of $24,000. Fines continue to accrue. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing, $59.35. Total amount, $24,059.35. CHAIRMAN KAUFMAN: Thank you, Jonathan. Could you give us your name on the microphone, please. MR. JOUBERT: Yes. Yes, my name is Arthur Joubert, and I'm the president of the Treetops of Naples condo association. CHAIRMAN KAUFMAN: Okay. I do remember this case vaguely. MR. JOUBERT: Oh, okay. CHAIRMAN KAUFMAN: It's your turn. MR. JOUBERT: I wasn't aware that we were accruing penalties. I apologize. We have worked on it. There's three -- there's three condo units there. Two of them, the permits have been closed out, and all the work has been done. And on the third one, which was 5221, the work has been done, and on the final inspection, there was a question on whether or not it needed fire stop. And I actually have -- it's on January 23, 2025 Page 112 Jonathan's notes that come from the Code Enforcement that if it's a ground floor, it doesn't need it. And as a part of my doing this -- I've only been on the condo board since last January 27th. And I've got a lot of things straightened out over the way, and even working on this one. What happened was it was so little, and it seemed so easy to do, I had sent a couple of contractors out there to speak -- to speak with Ms. Stacia Bradley -- because it's tough to get in there. She works -- she works, like, seven days a week. And kept getting mixed messages back. And I finally -- I was looking at what you -- in conversation with you on this report -- and actually, on CF -- CFPE, Steven Covacks, that's your -- I guess your Code Enforcement division plan examiner. He says if it's a first floor, it doesn't need it. So I guess I've wasted my time for six months trying to straighten it out. So I have a meeting on Monday with Mrs. Stacia Bradley. BOARD MEMBER FUENTES: Arthur, I'm sorry, could you repeat that. The first floor does not what? CHAIRMAN KAUFMAN: Fire stop. MR. JOUBERT: Fire stop. These are all ground floor. But they're not slabs. They're -- you know, they're framed. BOARD MEMBER FUENTES: Yeah. MR. JOUBERT: So kind of sit here with egg on my face, because I come from a construction background, which is why I joined the board. I volunteered to the board because we were in such a mess. And the -- I've owned a condo there for five years, and somehow in the past couple of years, they spent all the reserves, so they don't have any money, and we had to have drastic raises. So I really worked hard on getting all these code -- code things. I communicate all the time with -- and there's been a couple of other -- excuse me -- a couple of other code enforcers that I've taken January 23, 2025 Page 113 care of. So this thing here, I'm going to meet on Monday and try to get a determination on whether or not we do need -- we do need this. So I would like to respectfully request -- I mean, our people would go into heart attack if I tell them that we have to pay $29,000. We just don't have any money. And just so you understand, I've owned the condo for five years. My son lives there. And in five years, we've had four condo associations. And after four months, I became so pesky on getting things settled. The last condo association manager was Associa Gulf Coast, and they really did nothing, which is part of the reason I volunteered. And we now have a competent -- it's Ability Management. They got our books straightened away. We had to increase our condo fees by 50 percent. We're in tough shape. But I'm going to hang in here until everything gets squared away, another couple years. Because I'm retired, but I'm working on this pretty hard. I have always met with, talked to, communicated with anyone from -- from the Code Enforcement. It's a fact of life. We have to do it. They have a job to do. So I think Jonathan will tell you in his -- and what doesn't help is as I look through the history, probably in the last four years, we've had three or four different code enforcement officers. And it's tough for them, because they have to pick it up and take a look through it. But in looking through this, this was all the things -- I've probably solved seven or eight other big problems with permits and got them issued. It's just this last one, I need a couple of months, and I'm hoping I can do it in that, because where I live, I had to get a fence replacement, and it took me four months to get a permit. It took the contractor four months to replace a fence in the same place, so... January 23, 2025 Page 114 CHAIRMAN KAUFMAN: Let me ask this, so you have one unit -- 5225, is it? MR. JOUBERT: 5221. CHAIRMAN KAUFMAN: 5221. That's the only one that's outstanding now that hasn't been done? MR. JOUBERT: That is correct. Jonathan is the one that put that in his last e-mail to me. MR. MUSSE: Yeah. So I can pull up the permit. Just to give you a little backstory, this case had several units at one time, I think up to, like, six cases at -- six units with subfloors that were damaged, that were failing. And I will say he is right about the other property managing companies. They were not helpful. And when Bud got in here, he really helped me out and got the ball rolling and moving along. This particular unit has always been difficult. They were always almost done with the permitting. And I can show you a snippet of what the permit looks like right now. So here's a permit. It was issued on May 13th, 2022. The status is "inspections commenced." Now, it's possible because, due to the executive order, that it's not in "expired" status right now. So it hasn't officially been expired. The expiration date, however, was scheduled for November 7th. They don't owe any fees. There's three conditions. One, they need a fire certificate; two, they need a fire -- to schedule a fire inspection. And this one is more -- I think it's on information on every -- every permit that gets pulled. If you want any changes or extensions, something like that, for the permit. These are the remaining inspection for this permit. That's what's preventing it from being finaled. BOARD MEMBER FUENTES: I'd like to throw in something here as well. I'm a little familiar with this one because I served -- I January 23, 2025 Page 115 no longer own the company, but I was Treetops' public adjuster for one of their losses. What he says about the money disappearing, that's true. CHAIRMAN KAUFMAN: Let me see if I can make this thing better. This thing is going to be done in the next 60 days, you think? MR. JOUBERT: Oh, less than that. Believe me, just what -- I have all that information from you, Jonathan. I have a meeting on Monday. CHAIRMAN KAUFMAN: I'll believe you. Let me go to my next part. Jeff, could you pull this thing and just bring it back in two months? Because it's still not been abated, and in two months that should be changed probably to "has been abated," and then we can do what we need to do to ameliorate the fines. MR. LETOURNEAU: Yeah. The county requests to withdraw this case at this time. CHAIRMAN KAUFMAN: Okay. Great. MR. LETOURNEAU: I think you guys have to vote on that, though. BOARD MEMBER FUENTES: Sure. I'll make a motion that the county withdraws its case at this time. BOARD MEMBER AYASUN: Second. 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) January 23, 2025 Page 116 CHAIRMAN KAUFMAN: It carries unanimously. Thank you. I understand. MR. JOUBERT: Thank you, Mr. Chair. CHAIRMAN KAUFMAN: I was the head of a condo association myself, and if they didn't kill me, I'd kill them. MR. JOUBERT: My wife still looks at me every day and says, "What in God's name have you done?" BOARD MEMBER RUBENSTEIN: How many units are -- MR. JOUBERT: We're only 60 units. CHAIRMAN KAUFMAN: Are you sure you're not married to me? MR. JOUBERT: But this is like a real working man's and woman's -- this is their life. I tell you, I can't believe I didn't get shot when we had to raise the fees. But Ability Management, they have thousands of units that they manage. He manages the condo where I live. He did this -- he didn't want to manage this. He said, "Bud, I'd do it, but I really don't want to do it." But he said, "I'm going to do it," because I'm here. He said, "I'll do it because of you." And he said, "I've dealt with you for the last year." So I'm going to finish this and straighten this condo unit out if it's the last thing I do. But I promise you, if it can be done in 60 days -- and if you can give me that information, that check sheet -- because I'm going to be out there Monday, and then I'll just work with Code Enforcement and the inspection department. CHAIRMAN KAUFMAN: Okay. Terrific. MR. JOUBERT: Okay. Thank you very much -- MR. MUSSE: Thank you. MR. JOUBERT: -- Mr. Chairman and the Board. MS. BUCHILLON: Next Case -- CHAIRMAN KAUFMAN: Yes. January 23, 2025 Page 117 MS. BUCHILLON: -- No. 12, CELU20230001418, Jose R. Espinoza and Miguel Espinoza. BOARD MEMBER CURLEY: Did you say 12, Helen? CHAIRMAN KAUFMAN: Yes, imposition of fines. MS. BUCHILLON: Imposition of fines. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. MARINOS: I do. MR. CAVALONE: I do. MR. RAMIRO: I do. CHAIRMAN KAUFMAN: Could you put your name on the microphone for us, please. MR. CAVALONE: My name is Juan Cavalone (phonetic). CHAIRMAN KAUFMAN: Okay. MR. RAMIRO: Jose Ramiro. 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. CAVALONE: I do. CHAIRMAN KAUFMAN: Do you want to read this into the record for us? MR. MARINOS: Yes, sir. Past orders: On October 24th, 2024, 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, OR6417, Page 371 for more information. The violation has been abated as of January 8th, 2024. Fines have accrued at a rate of $500 per day for the period from November 24th, 2024, to January 8th, 2025, 46 days, for a total fine January 23, 2025 Page 118 amount of $23,000. Previously assessed operational costs of $59.28 have been paid, the operational costs for today's hearing is $59.28, for a total amount of $22,059.28. The gravity of the violation is not health and safety. Any actions taken by the violator to correct: They removed all materials and prohibited outdoor storage to a site intended for such use. Any previous violation committed by the respondent: N/A. And any other relevant factors: N/A. CHAIRMAN KAUFMAN: Okay. So could you remind me, this was a $500-a-day fee, which is generally a high fine for us to impose. MR. MARINOS: Yes, sir. This is an unimproved agriculturally zoned property down off of Frangipani. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: Ivy Way. They had not known that they were not allowed to lease space for a roofing company. A couple different roofing companies would go out there and store pallets of material. All neatly packed and everything, but still pallets of outdoor construction material just down the site. BOARD MEMBER FUENTES: I remember it was on a vacant lot. MR. MARINOS: On a vacant lot, yes, sir. BOARD MEMBER FUENTES: Yeah. It was so much that we decided that -- I don't even think they showed up that time. I think we wanted to get their attention, so we imposed. MR. MARINOS: We originally had some trouble getting contact with the property owner. There were some miscommunications. Once we did come in contact, they seemed to fairly swiftly get rid of the remaining materials. January 23, 2025 Page 119 CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion on this? BOARD MEMBER FUENTES: Mr. Chair, I'll make a motion to reduce the county's fines to $1,500 to be paid within 30 days, along with today's operational costs of $59.28. The total would be $1,559.28 to be paid in 30 days. CHAIRMAN KAUFMAN: We have a motion. We have 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 CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. MR. RAMIRO: All right. MR. CAVALONE: Okay. CHAIRMAN KAUFMAN: Okay. MR. MARINOS: Thank you. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: Next case, we're still under imposition, No. 16, CEPM20230001023, Vincent Lennon and Ruth A. Lennon. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MR. HOLMES: I do. MR. ANDINO: I do. MR. MIGAL: I do. MR. CHISHOLM: I do. January 23, 2025 Page 120 CHAIRMAN KAUFMAN: Could you state your name on the record for us, please. MR. CHISHOLM: Gerardo Chisholm. MR. MIGANA: And Juan Migana. CHAIRMAN KAUFMAN: Okay. And you are? MR. CHISHOLM: We're -- this is the case with the -- CHAIRMAN KAUFMAN: Broken window, yeah. MR. CHISHOLM: -- broken window at the gas station. I've been here a couple of times already. CHAIRMAN KAUFMAN: I remember. MR. CHISHOLM: So we're here to -- CHAIRMAN KAUFMAN: You got the window done? MR. CHISHOLM: Everything is done. CHAIRMAN KAUFMAN: Okay. Do you want to read this case into the record for us? MR. HOLMES: Good afternoon. For the record, Investigator Ricardi Andino, for Collier County Code Enforcement. CHAIRMAN KAUFMAN: And you're new? MR. ANDINO: Yes, sir. CHAIRMAN KAUFMAN: Welcome. MR. ANDINO: Thank you. BOARD MEMBER FUENTES: You look like my brother. That's weird. MR. ANDINO: Past order: On August 24th, 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, OR6290, Page 409 for more information. On May 23rd, 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. January 23, 2025 Page 121 The violation has been abated as of October 18, 2024. Fines and costs to date are as follows: Part B, fines have accrued at a rate of $50 per day for the period from September 24th, 2023, to October 18, 2024, for a total of 391 days, for a total fine amount of $19,550. Part C, fines have accrued at a rate of $50 per day for the period from September 1st, 2023, to October 5th, 2024, for a total of 401 days, for a total fine amount of $20,050. Previously assessed operational costs of $59.28, $59.35, and $59.49 have been paid. Operational costs for today's hearing, $59.70. For a total amount of $39,659.70. The gravity of the violation is not health and safety. Any actions taken by violator to correct: They obtained the permit, Permit No. PRSD20220735256. Finaled on October 18, 2024. There were no previous violations committed by the respondent, and no other relevant factors. BOARD MEMBER FUENTES: So I remember this one. Thank you for fixing it. It was kind of fast. MR. CHISHOLM: Yeah. We -- so this is -- I brought my facility maintenance guy. I mean, we brought -- he used to work for me a long time ago, and now he's the big boss. But anyway, we needed to get these things expedited. So we got a chance to hire him, and that's what kind of actually speeded us up. So that's why -- so we really -- I was in contact with Mr. Bradley there, and he -- you know, he helped us out and gave me the correct guidance to get where we needed. BOARD MEMBER FUENTES: Really? MR. CHISHOLM: So we got it done. We just stepped in, and we made it happen. BOARD MEMBER FUENTES: Bradley? No. January 23, 2025 Page 122 I'm going to go ahead, and I'll make a motion to deny the county its fines, however that today's operational costs of 59.70 do get paid within 30 days. But we will go ahead and deny the county its full fines. Thank you for doing that, and you guys are good to go. BOARD MEMBER ELROD: I'll second that. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER 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. Thank you. MR. CHISHOLM: Thank you. BOARD MEMBER FUENTES: Helen, we're good. MS. BUCHILLON: One second. BOARD MEMBER FUENTES: Oh, no. MS. BUCHILLON: We don't have any more respondents here, but I'm just making sure I don't have anything else besides the order to rescind. CHAIRMAN KAUFMAN: Terri, are you going to be able to make it? THE COURT REPORTER: (Nods head.) CHAIRMAN KAUFMAN: I think you got everything, Helen. MS. BUCHILLON: I think so. Yeah, it's all good. All we January 23, 2025 Page 123 have left is the order to rescind. CHAIRMAN KAUFMAN: Yes. Someone make a motion to take care of this memo to Jeff Klatzkow. BOARD MEMBER CURLEY: Yeah. I'll make a motion to approve the January 23rd, 2025, memorandum to the County Attorney for the five properties listed. BOARD MEMBER FUENTES: 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. CHAIRMAN KAUFMAN: (No verbal response.) BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. We are -- MS. BUCHILLON: No, no, no. CHAIRMAN KAUFMAN: Not adjourned. MS. BUCHILLON: We did not vote on the order that needs to be rescinded. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: It's Case CENA20240005005, Richard Lash and Shirley Watson. CHAIRMAN KAUFMAN: Okay. Make a motion to rescind that order. BOARD MEMBER ELROD: Second. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: All those in favor? January 23, 2025 Page 124 MR. NOELL: Can -- just for the purposes of the order that I'm going to draft, can you provide testimony -- can I ask the investigator to provide testimony as to the grounds for rescinding the order? 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. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. This property was taken and presented before the Board not realizing there was a lis pendens on file seeking to foreclose on the property. So it was a boo-boo on my part. MR. NOELL: No. And I appreciate the county coming forward and being transparent with it. And so, yeah, legally that would have no force or effect since a lis pendens was recorded. But in an abundance of caution, if the Board wants to, you know, make a motion to approve rescinding it, I can draft the order. CHAIRMAN KAUFMAN: Okay. Do you want that motion? BOARD MEMBER ELROD: So draft. CHAIRMAN KAUFMAN: What you said, I move that. BOARD MEMBER AYASUN: Second. CHAIRMAN KAUFMAN: And it's seconded. All those in favor? BOARD MEMBER ELROD: Aye. BOARD MEMBER RUBENSTEIN: Aye. BOARD MEMBER AYASUN: Aye. CHAIRMAN KAUFMAN: Aye. BOARD MEMBER FUENTES: Aye. BOARD MEMBER CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) January 23, 2025 Page 125 CHAIRMAN KAUFMAN: It carries unanimously. BOARD MEMBER AYASUN: And no penalties for you. MR. MUSSE: No more. No more. CHAIRMAN KAUFMAN: You don't make any mistakes, Jonathan. MR. MUSSE: All the time. MS. BUCHILLON: Are we adjourned? CHAIRMAN KAUFMAN: We're adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12: 14 p.m. CODE ENFORCEMENT BOARD RT F AN, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER These minutes approved by the Board one. o27,z zcas presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL REPORTER, FPR-C, AND NOTARY PUBLIC.