CEB Minutes 05/27/2010 R
May 27, 2010
TRANSCRIPT OF THE MEETING OF THE
CODE ENFORCEMENT BOARD
Naples, Florida
May 27, 2010
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: Kenneth Kelly
Larry Dean
Ron Doino (Alternate)
Robert Kaufman
James Lavinski
Gerald Lefebvre
Lionel L'Esperance
Tony Marino
Herminio Ortega (Absent)
ALSO PRESENT:
Jean Rawson, Attorney for the Board
Diane Flagg, Code Enforcement Director
Jen Waldron, Code Enforcement Specialist
Page 1
CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA
AGENDA
Date: May 27,2010 at 9:00 a.m.
Location: 3301 Tamiami Trail East, Building F, Naples, FL 34104
NOTICE: THE RESPONDENT MAYBE LIMITED TO TWENTY (20) MINUTES FOR CASE
PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING
TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS
ADJUSTED BY THE CHAIRMAN.
ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS
RULES OF ORDER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD
ALL STATEMENTS BEING MADE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER
COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING
THIS RECORD.
1. ROLL CALL
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES-
A. April 22, 2010 Hearing
4. PUBLIC HEARlNGS/MOTIONS
A. MOTIONS
B. STIPULATIONS
C. HEARINGS
1.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLA TION
ADDRESS:
3.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
4.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO.:
VIOLA TION
ADDRESS:
CESD20090015779
ALEXANDER & JOANKA C. D1AZ DOMINGUEZ
INVESTIGA TOR JONATHON MUSSE
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION
10.02.06(B)(I)(a) UNPERMITTED ELECTRICAL BOXES AND OUTLETS IN DWELLING
62635080006
669 99 T11 AVE N. NAPLES, FL
CESD20100002534
HERBERT A, SALGA T, JR.
INVESTIGATOR RENALD PAUL
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-4 I, AS AMENDED, SECTION
1O.02.06(B)(1 lea) DETACHED GARAGE WAS CONVERTED TO LIVING SPACE AND AN
OFFICE WITHOUT PERMITS
38226080009
5941 CEDAR TREE LANE NAPLES, FL
CESD20090017585
MARIA ALMA PLUNKETT
INVESTIGATOR MARIA RODRIGUEZ
COLLIER COUNTY LAND DEVELOPMENT, 04-41, AS AMENDED, SECTION
10.02.06(B)(I)(a) A CARPORT AND A SHED CONSTRUCTED WITHOUT PERMITS
128480007
1809 IMMOKALEE DR. IMMOKALEE. FL
CESD20090017586
MARIA ALMA PLUNKETT
INVESTIGATOR MARIA RODRIGUEZ
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION
10.02.06(B)(1)(a) A CARPORT AND A ROOM ADDED TO THE PRIMARY STRUCTURE
WITHOUT FIRST OBTAINING A COLLIER COUNTY PERMIT
128520006
1901lMMOKALEE DR.IMMOKALEE, FL
5.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO:
VIOLATION
ADDRESS:
5, OLD BUSINESS
CESD20090018373
MIKE & MARY RUTH LUCERO
INVESTIGATOR MARIA RODRIGUEZ
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION
10.02.06(B)(I)(a) A PERMITTED SCREEN PORCH ENCLOSED INTO LIVING SPACE
WITHOUT FIRST OBTAINING A PERMIT
66881320008
31 I 6T11 ST. IMMOKALEE, FL
A. Motion for Imposition of Fines/Liens
1.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
2.
CASE NO:
OWNER:
OFFICER:
VIOLA TIONS:
FOLIO:
VIOLATION
ADDRESS:
3.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO:
VIOLATION
ADDRESS:
CESD20090009150
EJ PROPERTIES, LLC.
INVESTIGATOR ED MORAD
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION
1 0.02.06(B)(1 lea) FAILURE TO OBTAIN BUILDING AND LAND ALTERATION PERMITS,
INSPECTIONS AND CERTIFICATE OF OCCUPANCY AS REQUIRED
125520009
407 3RD ST. IMMOKALEE, FL
CEPM20090009462
RONALD M, MEDEIROS
INVESTIGATOR AZURE SORRELS
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI,
SECTIONS 22-231(12)(m) AND 22-23 I (12)(b) PROTECTIVE COATING OF EXTERIOR WALLS
ON SECOND FLOOR IS PEELING AND CHIPPING. WALLS HAVE SEVERAL HOLES IN
THEM AND IT APPEARS THAT A PEST IS EATING A WAY AT THE WOOD.
52340400004
8 PELICAN ST. W. NAPLES, FL
CESD20090010557
PETITOLES SAINT JEAN
INVESTIGATOR CAROL SYKORA
COLLIER COUNTY ORDINANCE, 04-41, AS AMENDED, SECTION 10.02.06(B)(I)(a)
BUILDING & LAND ALTERATION PERMITS AND COLLIER COUNTY CODE OF LA WS
AND ORDINANCES CHAPTER 22 ARTICLE II, SECTION 22-26(b) 104.5.1.4.4 PERMIT
#2007061296 FOR A SCREEN POOl. ENCl.OSURE EXPIRED WITHOUT OBTAINING
Al.l. INSPECTIONS AND CERTIFICATE OF COMPLETION
54901800009
105 DORAl. CIRCl.E NAPLES, FL
4.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO:
VIOLATION
ADDRESS:
5.
CASE NO:
OWNER:
OFFICER:
VIOl.ATIONS:
FOLIO:
VIOLATION
ADDRESS:
6.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO:
VIOLATION
ADDRESS:
7.
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO:
VIOLATION
ADDRESS:
CESD20090012961
J, PEACEFUL, LC.
INVESTIGATOR RON MARTINDALE
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION
1O.02.06(B)(I)(e) ALERATIONS TO STRUCTURE WITHOUT FIRST OBTAINING REQUIRED
PERMIT, SUBSEQUENT INSPECTIONS OR ISSUANCE OF CERTIFICATE OF OCCUPANY/
COMPLETION
68391446166
7770 PRESERVE LANE NAPLES, FL
2007110819
SCOTT A. LAMP
INVESTIGA TOR AZURE SORRELS
COl.LIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTIONS
I 0.02.06(B)( I )(e)(i), COLLIER COUNTY CODE OF l.A WS, CHAPTER 22, ARTICLE II,
SECTIONS 22-26(b)(104.1.3.5) AND FLORIDA BUILDING CODE, 2004 EDITION,
CHAPTER I, SECTION 105.1 UNPERMITTED CONVERSION OF AN EXISTING
PERMITTED BARN TO LIVING SPACE, CONSISTING OF COMPLETE ENCLOSURE OF
BARN, ADDING ELECTRICAL AND PLUMBING, INSTALLAT10N OF A/C UNIT, AND
INTERIOR WALLS ERECTED
00727960009
1000 BAREFOOT WILLIAMS RD. NAPLES, FL.
2007080099
CARLOS PEREZ
INVESTIGATOR KITCHEl.L SNOW
COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTIONS
10.02.06B(I)(a), 10.02.06B(I)(e) AND 1O.02.06B(I)(e)(i) CONSTRUCTIONI REMODELING
DONE TO FIRST AND SECOND FLOOR WITHOUT FIRST OBTAINING A VALID COLLER
COUNTY BUILDING PERMIT
76720002]47
3573 ENTERPRISE AVE NAPLES, FL
CESD20090001470
TRlClA JENKS
INVESTIGATOR CHRISTOPHER AMBACH
COLLIER COUNTY CODE OF LA WS, CHAPTER 22, BUILDINGS & BUILDING
REGULATIONS, ARTICLE II, FLORIDA BUILDING CODE, SECTIONS 22-26(b)
(104.1.3.5), FLORJDA BUILDING CODE, 2004 EDITION, CHAPTER I, SECTIONS
105.1, AND COLLIER COUNTY ORDINANCE, 04-41, AS AMENDED, THE LAND
DEVELOPMENT CODE, SECTIONS 10.02.06(B)(I)(a) AND 10.02.06(B)(I)(e)(I)
GARAGE BUILT ON PROPERTY WITHOUT COLLIER COUNTY PERMITS
37115960008
830 3RD ST N.W. NAPLES, FL
B. Motion for Reduction of Fines/Liens
6. NEW BUSINESS
7. CONSENT AGENDA
A, Motion for 1m position of Fines/Liens
B. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive
Summary.
8, REPORTS
9, COMMENTS
10. NEXT MEETING DATE - June 24th, 2010 (located at Community Development & Environmental Services
2800 N. Horseshoe Dr, Naples, FL 34104, Conf, Room 609/610)
11. ADJOURN
May 27,2010
CHAIRMAN KELL Y: Good morning. I'd like to call today's
meeting of the Code Enforcement Board for May to session.
Notice: Respondent may be limited to 20 minutes per case
presentation, unless the additional time is granted by the board.
Persons wishing to speak on any agenda item will receive up to five
minutes, unless the time is adjusted by the Chair.
All parties participating in the public meeting are asked to
observe Roberts Rules of Order and speak one at a time so that the
court reporter can record all statements being made.
Any persons who decide to appeal a decision of the board will
need a record of the proceedings pertaining thereto and therefore may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is to be based. Neither Collier County nor the Code
Enforcement Board will be responsible for providing this record.
May I have roll call.
MS. WALDRON: Mr. Ken Kelly?
CHAIRMAN KELLY: Yep, here.
MS. WALDRON: Mr. Robert Kaufman?
MR. KAUFMAN: Here.
MS. WALDRON: Mr. Gerald Lefebvre?
MR. LEFEBVRE: Here.
MS. WALDRON: Mr. James Lavinski?
MR. LA VINSKI: Here.
MS. WALDRON: Mr. Tony Marino?
MR. MARINO: Here.
MS. WALDRON: Mr. Larry Dean?
MR. DEAN: Here.
MS. WALDRON: Mr. Lionel L'Esperance?
MR. L'ESPERANCE: Here.
MS. WALDRON: Mr. Ron Doino?
MR. DOINO: Here.
Page 2
May 27, 2010
MS. WALDRON: And Mr. Herminio Ortega has an excused
absence for today.
CHAIRMAN KELL Y: Thank you.
Next, move on to approval of agenda. Is there any changes?
MS. WALDRON: There are a few changes to the agenda.
Under number four, Public Hearings/Motions, letter B, we have
two additions to stipulations. The first will be number three from
hearings, Case CESD20090017585, Maria Alma Plunkett.
And the next one will be number four from hearings, Case
CESD20090017586, Maria Alma Plunkett.
And under number five, old business, letter A, Motion for
Imposition of Fines/Liens, number one, Case CESD20090009150, EJ.
Properties, LLC, has been withdrawn.
And number four under Imposition of Fines, Case
CESD20090012961, J. Peaceful, LC, has been withdrawn.
CHAIRMAN KELL Y: Is that it?
MS. WALDRON: Yes, sir.
CHAIRMAN KELL Y: With that, I'll entertain a motion to
accept the agenda.
MR. KAUFMAN: So moved.
MR. LEFEBVRE: Second.
CHAIRMAN KELLY: We have a motion and a second. All
those in favor?
MR. DEAN: Aye.
CHAIRMAN KELLY: Aye.
MR. LEFEBVRE: Aye.
MR. MARINO: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
Page 3
May 27,2010
CHAIRMAN KELL Y: And it passes.
Now, onto approval of minutes from April 22nd. Is there any
changes to the minutes?
MS. WALDRON: No changes.
CHAIRMAN KELLY: Okay, any questions from the board?
(No response.)
CHAIRMAN KELL Y: If not, entertain a motion.
MR. DEAN: Motion to approve the minutes.
MR. LEFEBVRE: Second.
CHAIRMAN KELLY: Motion and a second.
All those in favor?
MR. DEAN: Aye.
CHAIRMAN KELLY: Aye.
MR. LEFEBVRE: Aye.
MR. MARINO: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: And it passes.
Now, public hearings.
Under stipulations, B, we have number one, Plunkett, Case
CESD20090017585.
(Speakers were duly sworn. Interpreter Irma Ratlifsa was duly
sworn. )
CHAIRMAN KELLY: Before we start case presentation, for the
record, since we do have one of our active members absent today, one
of our alternates will have full voting rights. And since Tony Marino
has seniority, he will be the one that will have the voting rights. Ron
will be able to participate in all discussions, just won't be able to vote.
Sorry about that. Thank you.
Page 4
May 27,2010
MS. RODRIGUEZ: For the record, Maria Rodriguez, Collier
County Code Enforcement.
It is agreed between the parties that: The respondent shall pay
operational cost in the amount of $80.29 incurred in the prosecution of
this case within 30 days of this hearing.
Abate all violations by: Must apply and obtain a Collier County
building permit or demolition permit and request required inspections
to be performed and passed through a certificate of
completion/occupancy within 120 days of this hearing or a fine of
$200 per day will be imposed until the violation has been abated.
Respondent must notify code enforcement within 24 hours of
abatement of the violation and request the investigator to perform a
site inspection to confirm compliance. That if the respondent fails to
abate the violation, the county may abate the violation and may use
the assistance of the Collier County Sheriffs Office to enforce the
provision of this agreement, and all costs of abatement shall be
assessed to the property owner.
CHAIRMAN KELLY: Good, thank you.
Good morning. Do you agree to everything that you signed in
the stipulation?
MS. PLUNKETT: Yeah.
CHAIRMAN KELLY: And you understand you have 120 days
to finish the work?
MS. PLUNKETT: Yeah.
CHAIRMAN KELL Y: Is there any questions from the board?
MR. KAUFMAN: I make a motion we approve the stipulation as
written.
MR. LEFEBVRE: Second.
CHAIRMAN KELL Y: Motion and seconded.
Any discussion?
(No response.)
CHAIRMAN KELLY: All those in favor?
Page 5
May 27, 2010
MR. DEAN: Aye.
CHAIRMAN KELLY: Aye.
MR. LEFEBVRE: Aye.
MR. MARINO: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KELL Y: Any opposed?
(No response.)
CHAIRMAN KELLY: Okay, that's case number one. We have
one more.
Is this a duplex; is that what it is, or two separate homes?
MS. RODRIGUEZ: They're two separate homes.
(Speakers were duly sworn.)
MS. RODRIGUEZ: For the record, Maria Rodriguez, Collier
County Code Enforcement.
It is agreed between the parties that the respondent shall pay
operational costs in the amount of $80 incurred in the prosecution of
this case within 30 days of this hearing.
Abate all violations by: Must apply for and obtain a Collier
County building permit or demolition permit and request required
inspections to be performed and passed through a certificate of
completion/occupancy within 120 days of this hearing or a fine of
$200 per day will be imposed until the violation has been abated.
Respondent must notify code enforcement within 24 hours of
abatement of the violation and request the investigator perform a site
inspection to confirm compliance.
That if the respondent fails to abate the violation, the county may
abate the violation and may use the assistance of the Collier County
Sheriffs Office to enforce the provisions of this agreement, and all
costs of abatement shall be assessed to the property owner.
CHAIRMAN KELLY: Thank you.e
Page 6
May 27,2010
Again, I'm sorry; do you understand and agree to this stipulation
as well?
MS. PLUNKETT: Yes.
CHAIRMAN KELLY: Okay, great.
Any questions from the board?
MR. DEAN: I have one.
CHAIRMAN KELLY: Yes, sir.
MR. DEAN: Carport room added and primary--
CHAIRMAN KELL Y: You need to get on the mic.
MR. DEAN: I'm sorry.
Is the room occupied that was added?
THE INTERPRETER: Yes.
MR. DEAN: See, I have a problem with that. Because you've
added probably electrical and things like that, and we have an added
room primary structure without a permit. And how safe is it? That's
my problem.
So I'm asking you, what do you think about this?
MS. RODRIGUEZ: I did not go in the room. She said that it
was a bedroom that they added. I'm assuming that it does have
electrical. And I do believe that it is a safety issue, although I can't
verify that; I haven't been in the building.
CHAIRMAN KELLY: Is this a similar addition or add-on or
change to the last case that we just had?
MS. RODRIGUEZ: No, the other case was just the shed. This is
an actual addition that was added onto the house.
CHAIRMAN KELLY: Any other concerns from the board? Is
there anyone that shares Mr. Dean's concern?
MR. KAUFMAN: I share the concern. And I think in the past
didn't we manage to get somebody from code enforcement to go out
there, just to make sure that it was safe?
MS. FLAGG: The building department would go out and checkYit out.
Page 7
May 27, 2010
MR. KAUFMAN: Can we make that part of the stipulation?
MS. FLAGG: Yes.
CHAIRMAN KELL Y: Do you have a time frame, Mr.
Kaufman?
MR. KAUFMAN: Probably within the next -- since it's a safety
issue, if we can request that they would be out there within the next
week to 10 days, I think that would be sufficient.
MR. L'ESPERANCE: Is that reasonable, Diane?
MS. FLAGG: Yes.
MR. L'ESPERANCE: I would echo that concern also.
MR. LEFEBVRE: The concern I have is being it is a room,
there's going to be impact fees. And the question I have, is the
respondent going to be able to -- if she does go ahead and get it
C.O.'d, does she have the money to pay the impact fees?
MS. RODRIGUEZ: It's not a large room. I don't think she's
going to go over the first tier so, you know, she may just be charged
like $100 or something. It's not much. If she wants to leave it; I don't
know if she does or not.
MR. LEFEBVRE: Are your intentions to remove it or to go
ahead and get the certificate of occupancy for it?
THE INTERPRETER: No, she's going to remove it.
MR. KAUFMAN: Thank you.
CHAIRMAN KELLY: Very good.
Mr. Kaufman, if you'd like to take a stab at it.
MR. KAUFMAN: I'd like to amend the existing stipulation as
written to include an inspection by the building department within the
next 10 days.
MS. RODRIGUEZ: Can I interrupt real quick? If they're going
to demo it, why would they need an inspection? I mean, people have
to move out anyway.
MR. KAUFMAN: Well, then it would be either inspected in 10
days or not be occupied in 10 days.
Page 8
May 27,2010
THE INTERPRETER: Okay.
CHAIRMAN KELLY: Okay, so we understand that what we're
suggesting is that no one lives in that room.
THE INTERPRETER: It's not occupied anyway, so she's not
going to --
CHAIRMAN KELLY: Oh, it's not occupied. Okay, excellent.
MR. KAUFMAN: So if we include that -- those words that I
espoused, that it either be not occupied or inspected within 10 days, as
part of the stipulation agreement.
THE INTERPRETER: Excuse me, I had a question. She wants
to know (sic) that the room was already built when she bought the
house. That's why she -- she wanted to make it clear.
CHAIRMAN KELLY: We understand. And that happens quite
frequently in our county.
Unfortunately what happens is the violation goes with whoever
owns the property now. So you may have civil recourse against the
person that sold it. We have to work with the property owner of
today.
So we don't think she did anything wrong, it's just now we do
have to correct the problem, whoever made it.
THE INTERPRETER: Okay.
CHAIRMAN KELLY: So you understand that nobody will live
in that room?
THE INTERPRETER: Right.
CHAIRMAN KELL Y: Excellent.
We have a motion, do we have a second?
MR. LEFEBVRE: Second.
CHAIRMAN KELLY: It's seconded.
Any further discussion?
(No response.)
CHAIRMAN KELLY: All those in favor?
MR. DEAN: Aye.
Page 9
May 27, 2010
CHAIRMAN KELL Y: Aye.
MR. LEFEBVRE: Aye.
MR. MARINO: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELL Y: Great. So good luck. And if you have
any problems, please come back and let us know before the time
expIres.
THE INTERPRETER: Thank you.
CHAIRMAN KELL Y: Thank you.
That is the end of our public hearings/motions. Now moving on
to hearings, Part C.
Jen?
MS. WALDRON: Yes, sir.
CHAIRMAN KELLY: If you want to read the first case.
MS. WALDRON: Sure. Number one; first case will be
CESD20090015779, Alexander and Joanka C. Diaz Dominguez.
(Speakers were duly sworn.)
MS. WALDRON: This is in reference to violation of Collier
County Land Development Code 04-41, as amended, Section
1 0.02.06(B)(1)( a).
Description of violation: Unpermitted electrical boxes and
outlets in dwelling.
Location/address where violation exists: 669 99th Avenue North,
Naples, Florida, 34104. Folio 62635080006.
Name and address of owner/person in charge of violation
location: Alexander Dominguez and Joanka C. Diaz Dominguez, 669
99th Avenue North, Naples, Florida, 34108.
Date violation first observed: October 1 st, 2009.
Page 10
May 27,2010
Date owner/person in charge given Notice of Violation: March
10th, 2010.
Date on/by which violation to be corrected: March 20th, 2010.
Date of re- inspection: March 22nd, 2010.
Results of re-inspection is the violation remains.
Now I'd like to turn it over to Investigator Jonathan Musse.
MR. MUSSE: Good morning. For the record, Investigator
Jonathan Musse, Collier County Code Enforcement.
This is in reference to Case No. CESD20090015779, for
unpermitted electrical boxes and outlets installed at 669 99th Avenue
North, Naples, Florida, 34108. Corresponding folio is 62635080006.
Notice of Violation was returned unclaimed on March 4th, 2010.
Therefore, Notice of Violation was served on March 10th, 2010, by
posting in the Courthouse and property.
At this time I'd like to turn the case over to Steven Athey, the
initial investigator on the scene.
(Speaker was duly sworn.)
THE COURT REPORTER: Please spell your name for the
record.
MR. ATHEY: A-T-H-E-Y.
For the record, Investigator Steve Athey, Collier County Code
Enforcement.
On August 18th, 2009, I receive a phone call from the Collier
County Sheriffs Department, who was executing a search warrant on
a grow-house at 669 99th Avenue, Naples Park.
I was allowed entry by the Sheriffs Department. It was still an
active crime scene, and this is the first time anyone from Code
Enforcement was allowed to enter the dwelling.
I entered and took 15 photographs, which I have copies of and
would like to introduce as composite Exhibit A.
MR. KAUFMAN: Motion to approve the pictures.
MR. LEFEBVRE: Second.
Page 11
May 27,2010
CHAIRMAN KELLY: Motion and second. Any discussion?
(No response.)
CHAIRMAN KELL Y: All those in favor?
MR. DEAN: Aye.
CHAIRMAN KELLY: Aye.
MR. LEFEBVRE: Aye.
MR. MARINO: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
MR. ATHEY: And if you'd like, we can go through the
photographs so you can get a broad overview of what the inside of the
dwelling looked like.
This is the actual front of the house, just to verify which dwelling
it is.
You can see the electrical work, the ductwork that's inside the
dwelling. Most of the electrical work was done in the two rear
bedrooms and the hallway leading to the bedrooms, with an addition
of an additional air conditioning unit placed in the kitchen. You'll see
a photograph of that.
You can see some additional outlets that were installed illegally.
That is in the hallway between the bedrooms.
Batteries that were used to power the lighting and irrigation
systems that they used.
More ductwork. That is the air conditioner unit that was placed
in the kitchen.
Ductwork in the hallway between the bedrooms.
More ductwork.
Irrigation system that was in one of the bedrooms.
Pots used to grow the plants stacked in a spare room.
Page 12
May 27, 2010
Miscellaneous items used for growing that were discarded by the
Sheriffs Department.
The actual pots that they used to grow the plants in one of the
bedrooms.
This is the other bedroom.
Packing, growing material, miscellaneous items.
And the actual plants that had been bagged up by the Sheriffs
Department, Narcotics Unit.
Electrical items that were discarded by the Sheriffs Department,
thrown into the pool to destroy them for further use.
And I believe that's it for the photographs.
And that was the extent of my involvement. I took the pictures
and Investigator Musse took over the case at this point.
MR. L'ESPERANCE: One question. Are the dates accurate that
are on the photographs that we're looking at?
MR. ATHEY: Absolutely.
MR. L'ESPERANCE: Thank you.
CHAIRMAN KELLY: Any further questions?
MR. KAUFMAN: All this to grow tomatoes.
I'd like to make a motion that a violation exists.
CHAIRMAN KELL Y: Do we have a second?
MR. LEFEBVRE: Second.
CHAIRMAN KELLY: Any further discussion?
(No response.)
CHAIRMAN KELL Y: All in favor?
MR. DEAN: Aye.
CHAIRMAN KELLY: Aye.
MR. LEFEBVRE: Aye.
MR. MARINO: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LAVINSKI: Aye.
Page 13
May 27,2010
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELL Y: Does the county have a
recommendation?
MR. MUSSE: The County recommends respondent to pay all
operational costs in the amount of $80.57 incurred in the prosecution
of this case within 30 days and abate all violations by: Obtaining a
Collier County building permit or demolition permit for any
construction additions or remodeling; to obtain all inspections,
certificate of completion within "X" amount of days of this hearing or
a fine of "X" amount of dollars per day will be imposed until the
violation is abated.
The respondent must notify code enforcement investigator when
the violation has been abated in order to conduct a final inspection to
confirm abatement.
If the respondent fails to abate the violation, the county may
abate the violation and may use the assistance of the Collier County
Sheriffs Office to enforce the provisions of this order, and all costs of
abatement shall be assessed by the property owner.
CHAIRMAN KELL Y: Do we know anything about the property
owner? Have you made contact with them at all?
MR. MUSSE: Well, the property owner is in jail.
CHAIRMAN KELLY: Okay.
MR. MUSSE: And his wife, she's hearing impaired and I'm
having trouble getting in contact with her; we can't find her.
MR. DEAN: So nobody lives in the home right now?
MR. MUSSE: No one lives in the home.
MR. LEFEBVRE: Is it in the process of being foreclosed on?
MR. MUSSE: There was a final judgment on the foreclosure for
this property. But the banks won't really take over the property until a
certificate of title, because there's evidence of people going in and out
of the house. I guess, assuming, to clear out some of the ductwork,
Page 14
May 27,2010
AC ductwork that was in there. But other than that, that's why the
banks won't take over.
CHAIRMAN KELL Y: Is that a separate case or --
MR. MUSSE: I'm sorry?
CHAIRMAN KELLY: Is there a separate case?
MR. MUSSE: There's been multiple cases on this property as far
as litter, pool. The pool case just actually went to OSM about a month
ago, and the litter was cleared up.
MR. MARINO: I have a question. Is all this stuff still intact in
this house; air conditioning system, electrical, all still there?
MR. MUSSE: I haven't been able to get inside the property, and
so I'm assuming that it is still intact.
MR. LEFEBVRE: Has the bank been aware of this case?
MR. MUSSE: They have been aware, and they just said we can't
do anything unless it's either vacant or certificate of title.
MR. KAUFMAN: I'd like to take a shot at the agreement that
you have here and fill in the blanks.
Because it is an electrical situation with safety being involved, I
recommend that -- and it is unoccupied. I recommend that we issue 30
days as the date that it has to be completed and the fine of $500 a day.
CHAIRMAN KELL Y: We have a motion. Do we have a
second?
MR. LA VINSKI: Second.
CHAIRMAN KELL Y: Seconded by Mr. Lavinski.
Any discussion?
MR. LEFEBVRE: Yeah, I think $500 a day may be much. With
the bank in the process of the final judgment been issued, the title has
not. With a fine of $500 a day, the bank may not take title to the
property ifthere's real large fines sitting on the property. And this
may sit there for quite some time. So that's kind of my worry.
CHAIRMAN KELLY: Diane?
MS. FLAGG: Just a quick comment. There is an opportunity
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May 27,2010
here for the county to abate. And in grow-houses we typically demo
because ofthe mold that occurs as a result of the grow-house.
So the reason the bank hasn't addressed this is because there's
evidence of people going in and out, and the bank won't go into a
property ifthere's people in the property. They only address it if it's
vacant.
So I wouldn't be concerned about, you know, anything other than
the County may abate or the bank if they get certificate of title would
abate.
CHAIRMAN KELL Y: Any other comments?
(No response.)
CHAIRMAN KELL Y: We have a motion and a second. All
those in favor?
MR. DEAN: Aye.
CHAIRMAN KELLY: Aye.
MR. LEFEBVRE: Aye.
MR. MARINO: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KELL Y: Any opposed?
(No response.)
CHAIRMAN KELLY: And it passes.
Very good, thank you.
MR. MUSSE: Thank you.
CHAIRMAN KELL Y: Moving on to the next case, Herbert
Salgat, Jr.
Is Mr. Salgat here?
MR. PAUL: No, he's not. He's not going to show up.
(Investigator Renald Paul was duly sworn.)
MS. WALDRON: This is in reference to Case
CESD20100002534. Violation of Collier County Land Development
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May 27, 2010
Code 04-41, as amended, Section 10.02.06(B)(1)(a).
Description of violation: Detached garage was converted into
living space and an office without permits.
Location/address where violation exists: 5941 Cedar Tree Lane,
Naples, Florida, 34116. Folio 38226080009.
Name and address of owner/person in charge of violation
location: Herbert A. Salgat, Jr., 5941 Cedar Tree Lane, Naples,
Florida, 34116.
Date violation first observed: February 25th, 2010.
Date owner/person in charge given Notice of Violation: March
30th, 2010.
Date on/by which violation to be correct: April 10th, 2010.
Date ofre-inspection: April 19th, 2010.
Results ofre-inspection: The violation remains.
I would now like to turn it over to Investigator Renald Paul.
MR. PAUL: Good morning. For the record, Renald Paul,
Collier County Code Enforcement Investigator.
This is in reference to Case No. CESD20100002534 dealing with
violations of Collier County Land Development Code 04-41, as
amended, Section 1O.02.06(B)(1)(a), violation of: Detached garage
was converted to living space and an office without permits.
Location/address is 5941 Cedar Tree Lane, Naples, Florida,
34116.
Service was given on March 30th, 2010.
I'd like to present case evidence in the following exhibits:
Exhibits B-1 through 4, C-1 through 8, and D 1.
MR. DEAN: Motion to accept the exhibits.
MR. LEFEBVRE: Second.
CHAIRMAN KELLY: Motion and second.
All those in favor?
MR. DEAN: Aye.
CHAIRMAN KELLY: Aye.
Page 17
May 27,2010
MR. LEFEBVRE: Aye.
MR. MARINO: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN KELLY: Opposed?
(No response.)
MR. PAUL: And this -- the first picture just shows the detached
garage. And that's the tenant's car in front of it.
Second picture just shows the main house and the detached
garage.
This is the inside of the detached garage as you walk in.
And that's just another picture. The door that you see towards the
back, that's how you enter into the efficiency.
CHAIRMAN KELLY: So as of right now, there's no violations
here? Is this a violation that we're looking at?
MR. PAUL: No, this is not a violation, this is just the first part of
it. I took the other pictures on a different day, that's why I have
different exhibits.
MR. KAUFMAN: Can I ask how you were granted admittance
to this?
MR. PAUL: I spoke with the tenant on-site and he allowed me
inside the residence.
MR. KAUFMAN: Thank you.
MR. PAUL: And as you can see, once we entered the residence,
they've got a kitchen inside, they've got a refrigerator, bathroom, two
bedrooms inside the efficiency.
And it just shows that there is somebody definitely living at the
residence.
That's just one of the bedrooms.
That's the second.
And that's just the rear of the property.
Page 18
May 27, 2010
This case began on February 22nd of2010. I was on-site after
receiving an anonymous complaint. I knocked on the door but no one
was home at that time. And that's when I took the first group of
photographs that you see. I ordered the files on the property, the
original files for the residence.
On 3110 of2010, I received the paperwork back, found that the
original permit, Permit No. 1998091725 showed that there was a
house and a detached garage, and there was no effic -- there shouldn't
have been any efficiency or office.
On 3/12 of2010, I returned to the property with another
investigator, Carmelo Gomez. We spoke with the tenant at that time
and we had explained to him why we were out on the property. He
did say that the owner of the property did not reside at the residence at
that time. He did allow us to take photographs, and we were able to
go walk through the property.
MR. L'ESPERANCE: May I ask a question? Is there a second
renter or tenant to the main house?
MR. PAUL: There is another renter in the main house --
MR. L'ESPERANCE: Thank you.
MR. PAUL: -- but it's not the property owner.
MR. KAUFMAN: Is there one electric meter, did you notice, for
both facilities?
MR. PAUL: No, I didn't observe that.
CHAIRMAN KELLY: Are both residents listed in the rental
program?
MR. PAUL: No, they're not. They don't have a rental
registration.
MR. MARINO: The -- I have a question. The pictures you just
showed us was the detached garage --
MR. PAUL: Yes, those were just the detached garage.
MR. MARINO: -- bedroom, the bathroom, all that was in that
one section, that half of the garage?
Page 19
May 27, 2010
MR. PAUL: Correct.
At that time I sent out a Notice of Violation to the property
owner. I wasn't able to serve it to them. The Property Appraiser's site
says he lives on-site, but he doesn't, so it was sent certified mail.
The certified mail return receipt was returned. It was signed by
the property owner.
On 4112 2010, after research, found that there were no permits
applied for at that time, so I continued to monitor.
On 4116 of2010, the property owner gave me a phone call. He
did state to me that he was trying to short sale the property, and at that
time he couldn't afford to fix this problem. He said he was just going
to allow the bank to take the property.
I did notify him of our procedure and that ifhe didn't take care of
the issue that this would go to a hearing and he said okay.
On 4119 of2010, after research, found there was no change, no
permits applied for, nothing.
On 5/6 of201O, I posted the property with the notice of hearing
and the Courthouse and completed all affidavits. And as of yesterday,
the violation still remains.
CHAIRMAN KELL Y: Any questions from the board?
MR. KAUFMAN: Motion to find them in violation.
CHAIRMAN KELLY: Do we have a second?
MR. MARINO: I'll second it.
CHAIRMAN KELLY: Seconded.
Any discussion?
(No response.)
CHAIRMAN KELL Y: All those in favor?
MR. DEAN: Aye.
CHAIRMAN KELLY: Aye.
MR. LEFEBVRE: Aye.
MR. MARINO: Aye.
MR. L'ESPERANCE: Aye.
Page 20
May 27, 2010
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELL Y: Does the county have a
recommendation?
MR. PAUL: Yes, we do. County asks that the owner pay the
operational costs in the amount of $80.57 incurred in the prosecution
of this case within 30 days of the hearing.
Abate all violations by: Respondent is required to obtain any and
all permits as required by Collier County for any and all
improvements and alterations to the residence or obtain permits for
removal of all unpermitted improvements to this property and obtain
all required inspections and certificate of completion within "X"
amount of days of this hearing or be fined "X" amount of dollars a day
for each day the violation remains.
Respondent must notify Code Enforcement within 24 hours of
abatement. And that if the respondents fail to abate the violation, the
county may abate the violation and may use the assistance of the
Collier County Sheriffs Office to enforce the provisions of this
agreement, and all costs of abatement shall be assessed to the property
owner.
CHAIRMAN KELLY: Do we have any questions or discussion?
(No response.)
CHAIRMAN KELLY: I'll offer up that concern about a health
and safety issue, since there's active tenants.
MR. LEFEBVRE: I have a question. Does zoning allow a
guesthouse to be occupied by a tenant?
MR. PAUL: Yes, they do. As long as there's no profit. You
can't actually rent out a guesthouse. If let's say the tenant of the main
house has house guests or a family member, they can allow them to
stay in the guesthouse, but they can't actually rent it out and profit
Page 21
May 27, 2010
from it.
MR. L'ESPERANCE: Do we know if this tenant is paying rent?
MR. PAUL: As of right now, the last conversation I had with the
owner, he stopped paying him rent.
MR. MARINO: I have a question. If the homeowner decided
that he's got a short sale and he doesn't really care, from what I can
understand, can't we just go ahead and code -- like you said, just put
an order to demolish the property? Nobody wants it, he can't sell it,
the bank won't take it. Or am I wrong in understanding that?
MS. FLAGG: In a short sale what that means is that the owner is
negotiating with the bank to -- on a price that the bank would accept to
wipe out the loan. So it's not that the bank doesn't want it, they're just
in a period of negotiation.
MR. MARINO: Okay. Thank you.
MR. KAUFMAN: In this particular case -- we heard one earlier
where the violation stays with the property. It's very important for us
as a board to make sure that this property doesn't go to somebody who
doesn't know that there is a violation there and they wind up before
the board really innocent but having bought a property that was in
violation.
So this is just another example of trying to do the right thing to
protect future buyers of this property.
CHAIRMAN KELLY: I concur with Mr. Kaufman's opinion.
MS. FLAGG: We monitor that very closely. And Mr. Dean has
the brochure I think with him that we make contact with the banks, we
ask the banks for who is buying the property. Then we make contact
with potential buyers of the property, to make sure they understand the
importance of obtaining a code property inspection and code lien
search prior to closing on the property.
Because if there are any violations, they can use the costs to
correct those violations in their negotiation with the bank.
MR. LEFEBVRE: And this would obviously show up in a lien
Page 22
May 27,2010
search once we -- we already have an order.
MS. FLAGG: Correct. Any -- the lien searches that we provide
for the community actually show even ifthere's just been a code case
opened up, we report that also. So as soon as it comes to our attention,
it hits our records and then is reflected on a lien search.
CHAIRMAN KELLY: Is that voluntary or mandatory now?
MS. FLAGG: The lien search and code property inspections
both are voluntary. However is not voluntary for a realtor to provide
that brochure to their clients to make sure that -- NAB OR, Naples
Area Board of Realtors, has been very cooperative in making sure that
realtors pass that out to their clients.
CHAIRMAN KELLY: Okay. Well, if there is no further
discussion, maybe we'll take a stab at a motion.
MR. KAUFMAN: I'll take a stab, if you want.
Thirty days of the hearing, that's one of the blanks I'd like to fill
in, 30 days. And a fine of $250 a day. However, I think that needs to
be some notification, I'm not quite sure how to pull this off, to the
tenant that's there who is not paying rent anyhow, to vacate the
property because of a safety and health aspect of electrical and
plumbing in the property without any inspection.
CHAIRMAN KELLY: How long would you give the tenant in
your motion?
MR. KAUFMAN: The same; 30 days should be sufficient.
MR. L'ESPERANCE: Mr. Chairman, I have a question for
Diane, maybe she can answer this.
Do we have the wherewithal -- this board have the power to
request eviction of a tenant?
MS. FLAGG: We can always ask the tenant to abate. There is an
order requiring them to leave, so we'll produce for the tenant a copy of
your order that they need to vacate within 30 days.
MR. L'ESPERANCE: So it would be voluntary on their part.
MS. FLAGG: Well, we're usually pretty effective in making sure
Page 23
May 27,2010
your orders are followed.
MR. L'ESPERANCE: Thank you.
MR. LEFEBVRE: Would there be a fine attached to that 30-day
window for the tenant to vacate?
MR. KAUFMAN: I don't think we can fine the tenant. We'd
have to fine the owner.
MR. LEFEBVRE: Right, that's correct.
MR. KAUFMAN: I don't think that would be required at this
point in time. I think $250 a day, tenant vacates the property. It looks
as though -- this is a side to the motion -- that the property is in the
works for a short sale, and hopefully this will be resolved and the next
person who purchases the property will either abate the fine or at least
be aware of the violation.
CHAIRMAN KELL Y: So to clarify, your motion is to accept a
recommendation from the county with 30 days and $250 per day on
the abating the violation. And then in addition, outside of the actual
fine period, but still with the same 30 days, to ask the tenant who's
occupying the structure to vacate.
MR. KAUFMAN: That's correct.
One last thing, is the main house is also occupied --
MR. PAUL: That's correct.
MR. KAUFMAN: -- but there's no violation there.
MR. PAUL: Correct.
MR. KAUFMAN: That complicates things a little bit. But the
30 days for the tenant in the detached conversion garage needs to be
part of the motion.
CHAIRMAN KELLY: Okay. Jean, do you understand?
MS. RAWSON: I think I got it. Thank you.
CHAIRMAN KELLY: All right, we have a motion. Do we have
a second?
MR. MARINO: I'll second it.
CHAIRMAN KELLY: Seconded.
Page 24
May 27,2010
Any discussion?
(No response.)
CHAIRMAN KELL Y: All those in favor?
MR. DEAN: Aye.
CHAIRMAN KELLY: Aye.
MR. LEFEBVRE: Aye.
MR. MARINO: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: And it carries. Thank you, Mr. Paul.
MR. PAUL: Thank you.
CHAIRMAN KELLY: Okay, next is Mike and Mary Ruth
Lucero.
MS. WALDRON: And Mr. Chair, we did get a stipulation for
this case.
CHAIRMAN KELLY: Okay, great.
(Speakers were duly sworn.)
MS. RODRIGUEZ: For the record, Maria Rodriguez, Collier
County Code Enforcement.
It is agreed between the parties that the respondent shall pay
operational costs in the amount of $80.57 incurred in the prosecution
of this case within 30 days of this hearing.
Abate all violations by: Applying for and obtaining a Collier
County building permit for such improvements, or a demolition permit
to restore building to its original permitted state, and request required
inspections to be performed and passed through a certificate of
completion/occupancy within 180 days of this hearing or a fine of
$200 per day will be imposed until the violation has been abated.
Respondent must notify Code Enforcement within 24 hours of
Page 25
May 27, 2010
abatement of the violation and request the investigator perform a site
inspection to confirm compliance.
That if the respondent fails to abate the violation, the county may
abate the violation and may use the assistance of the Collier County
Sheriffs Office to enforce the provision of this agreement, and all
costs of abatement shall be assessed to the property owner.
CHAIRMAN KELL Y: Do you understand and agree to the
agreement?
MR. LUCERO: Yes, sir.
MS. LUCERO: Yes, sir.
CHAIRMAN KELLY: Thank you.
Do you have any questions?
MR. KAUFMAN: I have a question. Is this a screen porch, like
a screen enclosure with a slab, or is this something different than that?
MS. RODRIGUEZ: It was a screen porch that was enclosed.
There's a slab there.
MR. KAUFMAN: The reason I asked is because the 180 days
seems to be, if it's --
MS. RODRIGUEZ: The reason that I gave them 180 days is
because she has two sons that are disabled, so financially she couldn't
afford it.
CHAIRMAN KELL Y: Any other questions from the board?
(No response.)
MR. KAUFMAN: Motion to accept the stipulation as written.
MR. DEAN: I'll second the motion.
CHAIRMAN KELLY: Motion and a second.
Any discussion?
(No response.)
CHAIRMAN KELLY: All in favor?
MR. DEAN: Aye.
CHAIRMAN KELL Y: Aye.
MR. LEFEBVRE: Aye.
Page 26
May 27, 2010
MR. MARINO: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELL Y: Very good. If you have any problems
completing it within six months, please let us know ahead of time.
MR. LUCERO: Thank you.
CHAIRMAN KELLY: Okay. Now, we're moving on to old
business. Old business case one has been withdrawn. Case two would
be Medeiros. This is for imposition of fines.
(Speakers were duly sworn.)
MS. SORRELS: Good morning. For the record, Azure Sorrels,
Collier County Code Enforcement.
This is in reference to CEB case -- Case No.
CEPM20090009462, Board of County Commissioners versus Ronald
Medeiros.
Violation is Collier County Code of Laws and Ordinances,
Chapter 22, Article 6, Sections 22-231, paragraph 12, subsection M.
And 22-231, paragraph 12, subsection B.
Location: Eight Pelican Street West, Naples, Florida, Folio No.
52340400004.
The description is a protective coating of exterior walls on
second floor is peeling and chipping. Walls have several holes in them
and it appears that a pest is eating away at the wood.
Past orders: On March 25th, 2010, the Code Enforcement Board
issued a findings of fact, conclusion of law and order. The respondent
was found in violation of the referenced ordinances and ordered to
correct the violation. See attached Order of the Board OR 4551, Page
1817 for more information.
The respondent has not complied with the CEB orders as of May
Page 27
May 27, 2010
27th, 2010.
The fines and costs to date are described as follows: Order item
number one and four, fines at a rate of $200 per day for the period
between April 25th, 2010 to May 27th, 2010, 33 days, for the total of
$6,600. Fines continue to accrue.
Order item two and five, fines at a rate of $200 per day for the
period between April 25th, 2010 to May 27th, 2010, 33 days, for the
total of $6,600. Fines continue to accrue.
Order item number three and six, fines at a rate of $200 per day
for the period between April 25th, 2010 to May 27th, 2010, 33 days,
for the total of $6,600. Fines continue to accrue.
Order item number nine, operational costs of $80.86 have not
been paid.
Total amount to date, $19,880.86.
CHAIRMAN KELL Y: Clarification. Order number nine, they
have not been paid.
MS. SORRELS: Have not been paid.
CHAIRMAN KELLY: Okay. Because our paperwork says have
been.
MS. SORRELS: Sorry, apologies.
MS. RAWSON: What were the costs?
MS. SORRELS: The costs were for $80.86.
MR. KAUFMAN: Have you had any contact with the owner?
MS. SORRELS: I have not, sir. This property is in foreclosure,
has a lis pendens filed against it.
MR. KAUFMAN: Motion to impose the fine.
CHAIRMAN KELL Y: We have a motion to impose. Second?
MR. LA VINSKI: Second.
CHAIRMAN KELLY: Second by Mr. Lavinski.
Any discussion?
(No response.)
CHAIRMAN KELL Y: All in favor?
Page 28
May 27,2010
MR. DEAN: Aye.
CHAIRMAN KELLY: Aye.
MR. LEFEBVRE: Aye.
MR. MARINO: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: Very good.
MS. SORRELS: Thank you, gentlemen.
CHAIRMAN KELL Y: Next we have Mr. Saint Jean.
(Speakers were duly sworn.)
MS. SYKORA: This is in reference for imposition of fines and
lien on CEB Case No. CESD20090010557.
For the record, my name is Carol Sykora, S-Y-K-O-R-A, Collier
County Code Enforcement Investigator.
The Board of County Commissioners versus Petitoles Saint Jean.
Violation: Collier County Ordinance 04-41, as amended,
Sections 1O.02.06(B)(1)(a), building and land alteration permits. And
Collier County Code of Laws and Ordinances, Chapter 22, Article 2,
Section 22-26B, 104.5.1.4.4.
Location of the violation: 105 Doral Circle, Naples, Florida.
Folio No. 54901800009.
Description of violation was Permit No. 2007061296 for a screen
pool enclosure expired without obtaining all inspections and certificate
of completion.
The past order on September 24th, 2009, the Code Enforcement
Board issued findings of fact, conclusion of law and order. The
respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See attached Order of the Board OR
4499, Page 2132 for more information.
Page 29
May 27,2010
An extension of time was granted on January 28th, 2010. See
attached Order of the Board OR 4537, Page 1718.
The respondent has not complied with the CEB orders as of May
27th, 2010.
The fines and costs to date are described as the following: Order
item number two, fines at a rate of $200 per day for the periods
between April 29th, 2010 to May 27th, 2010; 29 days, for the total of
$5,800. Fines continue to accrue.
Order item number one, operational costs of $86.43 have been
paid. The total amount to date, $5,800.
CHAIRMAN KELL Y: Investigator Sykora, just for clarification,
when was the last time you visited the property to confirm that it was
not in violation?
MS. SYKORA: It's not in -- the property -- the permit history
still shows that it's not complied with. However, the respondents are
here, and I believe they have hired someone to handle the situation
correctly.
CHAIRMAN KELL Y: Would you like to tell us what you're
doing right now? Maybe we can help understand what's going on.
MS. SAINT JEAN: Well, I have someone there for me and I
can't find him. I call the company every day, someone to just come
over, just do a measure. I don't hear any. That's why every time I
have the time to do it, the time is passed.
And this week I -- last week I went to see Mrs. Carol, how can I
find someone to do it for me. I find someone, he's telling me he's not
going to do it last week and this week, he going to do it next week for
me. He going to give me a permit next week. He going to start it, try
help me get everything. He going to start it next week.
MR. KAUFMAN: Were you the or--
MS. SAINT JEAN: But I try myself, call in Yellow Page, call
the company, can help me to do the permit. They coming over. They
tell me in three days I'm coming back to you, and you call, there no
Page 30
May 27,2010
answer. Every week I try, try. Three months pass.
MR. KAUFMAN: Were you the original people who pulled the
original permit to get this work done originally?
MS. SAINT JEAN: Yeah, me and my brother.
MR. KAUFMAN: And the company -- you did that yourself or
you hired a company to do it?
MS. SAINT JEAN: I had a company. I didn't want to make a
mistake, I hire a company to do it.
MR. KAUFMAN: And the pulled the permit -- just so I
understand this, they pulled a permit, they did the work, and they
never got the final inspection.
MS. SAINT JEAN: No.
MR. KAUFMAN: And that's where we are today.
MS. SYKORA: The final inspection, they did not have the
proper paperwork out to be signed off upon, so they failed it. And
there's a $75 charge there.
They also needed -- they had the notice of commencement, they
filed that. They also needed a spot survey, and that wasn't given.
I had spoke with the contractor and he advised that because they
owed him money, that's why he dropped the ball on the permit.
However, she has had a lot of problems trying to find and afford
someone to finish this.
CHAIRMAN KELL Y: Is there a case against the contractor for
having an open permit?
MS. SYKORA: No, I don't believe they started a case due to the
fact there was money owed.
CHAIRMAN KELLY: Okay. Any other questions from the
board?
(No response.)
CHAIRMAN KELLY: In most cases we would probably see a
motion for extension of time if there was active work being done. We
did see the one, but here we are faced with an imposition of fines.
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May 27, 2010
And typically the board does not go lenient on these. We can't pass
through, we have to make a ruling on it today unless it's withdrawn.
So what --
MS. SYKORA: I saw the paperwork that this contractor
provided her, so I believe that this time it's going to be handled.
MR. KAUFMAN: Is it possible that we could ask the County to
table this until the next meeting to see what progress is being done?
MS. SYKORA: I have no objections to that at all.
MS. FLAGG: The County will withdraw till next month.
CHAIRMAN KELLY: Director, if you'd like, if we amended the
agenda to help out and keep everything legal, since they're here we
might be able to entertain a motion for extension of time, which would
put it past this, and that would give them legal reasons to continue
without having fines accrue. If that's an interest to the board.
MR. MARINO: I have a question. The reason the permit didn't
go through is because the contractor was owed some money; is that
what you said?
MS. SYKORA: I believe so. That's what the contractor advised
me.
MR. MARINO: Did he state to you how much was owed and--
MS. SYKORA: No, he didn't.
MR. MARINO: -- or a reason why it wasn't paid?
MS. SYKORA: No, he did not.
MR. LEFEBVRE: Let's ask the respondents.
Do you in fact owe the contractor money? And if you do, what
is the --
MS. SAINT JEAN: Well, he did it almost (phonetic) for $7,000.
389 left. But every time I called him, he said he's up north.
Now when I called them, he say you're supposed to pay $4,000
now to have it.
But I asked someone last week, he's going to do it for me for less
money.
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May 27,2010
MR. KAUFMAN: I'd like to make a motion. Do you think 60
days would give you enough time to get a hold of the contractor and
get this all resolved?
MS. SAINT JEAN: Yes, yes.
MR. KAUFMAN: And if we grant you an extension of time of
60 days, if that motion passes and you have a problem, you will come
back to us before that extension of time?
MS. SAINT JEAN: Before the time, yes. I'm going to contact
Mrs. Carol.
CHAIRMAN KELLY: Just for formality reasons, are you then
asking for an extension of time of 60 days?
MS. SAINT JEAN: No, 60 days is enough.
CHAIRMAN KELL Y: Sixty days is enough. But you are
asking for an extension of time? Yes. Say yes.
MS. SAINT JEAN: It going to be enough for me. I'm going to
do it. Too much trouble.
MR. KAUFMAN: I'd like to make a motion that we grant an
extension of 60 days time to get a certificate of completion on this job.
CHAIRMAN KELLY: Mr. Kaufman, is that from today?
MR. KAUFMAN: From today.
CHAIRMAN KELLY: Do you have a --
MR. LEFEBVRE: Would it be from today or from when--
CHAIRMAN KELLY: Better from today, to make sure that we
don't have to do the calculations and mess it up.
Is there a second?
MR. MARINO: I'll second that.
CHAIRMAN KELLY: It's seconded.
Is there any discussion, questions, anything further?
MR. LEFEBVRE: Well, I just want to state that we usually give
one extension. And as you can see we really thought about giving a
second one, quite a bit of thought about it. We will not -- if you go
past the 60 days, I know I can speak for myself, I will be hard pressed
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May 27,2010
to give an extension past 60 days. So you will have 60 days to get it
done.
MS. SAINT JEAN: Yeah.
CHAIRMAN KELL Y: Very good. Any other discussion,
questions?
(No response.)
CHAIRMAN KELL Y: All those in favor?
MR. DEAN: Aye.
CHAIRMAN KELLY: Aye.
MR. LEFEBVRE: Aye.
MR. MARINO: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN KELLY: Any opposed?
Very good.
MS. SYKORA: Thank you so much.
CHAIRMAN KELLY: Okay. Next, Mr. Lamp. 1. Peaceful was
withdrawn, so it will be Case No.5, Scott Lamp. Is the respondent
here?
And for the board, there was an amended -- I think it was an
amended notice that was given to us at the beginning of the meeting.
MR. LA VINSKI: Affidavit of non-compliance.
(Speakers were duly sworn.)
MS. SORRELS: For the record, Azure Sorrels, Collier County
Code Enforcement.
This is in reference to Case No. 2007110819, Board of County
Commissioners versus Scott A. Lamp.
Violations: Collier County Land Development Code 04-41, as
amended, Sections 1O.02.06(B)(1 )( e) and (i), Collier County Code of
Laws, Chapter 22, Article 2, Sections 22-26, paragraph B. 104.1.3.5
and Florida Building Code 2004 Edition, chapter one, Section 105.1.
Page 34
May 27,2010
Location of violation: 1000 Barefoot Williams Road, Naples,
Florida. Folio No. 00727960009.
Description of violation: Unpermitted conversion of an existing
permitted barn to living space, consisting of complete enclosure of
barn, added electrical and plumbing, installation of AC unit and
interior walls erected.
Past orders: On May 28th, 2009 the Code Enforcement Board
issued a findings of fact, conclusion of law and order. The respondent
was found in violation of the referenced ordinances and ordered to
correct the violation. See the attached Order of the Board OR 4460,
Page 2924 for more information.
An extension of time was granted on November 19th, 2009. See
the attached Order ofthe Board OR 4515, Page 3493.
The respondent has not complied with the CEB orders as of May
27th, 2010.
The fines and cost to date are described as the following: Order
item number two, fines at a rate of $100 per day for the period
between May 19th, 2010 to May 27th, 2010, nine days, for the total of
$900. Fines continue to accrue.
Order item number one, operational cost of $88.43 have been
paid. Total amount to date: $900.
MR. KAUFMAN: Have you had any contact with the
respondent?
MS. SORRELS: Yes, I have. Mr. Lamp and I spoke over the
phone and he indicated to me that he has still been underneath the
direction of his attorneys not to do any work which would consist of
abating the violations due to the fact that there's legal issues with the
mortgage company and his mortgage. They have been working with
the legal issues trying to fix the mortgage and what other legalities
there may be.
I did explain to him that the imposition of fines -- we would go
through with the imposition of fines. Ifhe chose -- he has stated that
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May 27,2010
if they do not resolve the issues, he will probably let the property go
into foreclosure. If they do resolve the issues, he will abate the
violations at that time. And I informed him that he would have an
opportunity to come back in front of the board and ask for fines to be
reduced or whatever you would grant to him.
MR. LEFEBVRE: Make a motion to impose the fines.
MR. KAUFMAN: Second.
CHAIRMAN KELLY: Motion and a second. Any discussion?
(No response.)
CHAIRMAN KELL Y: All those in favor?
MR. DEAN: Aye.
CHAIRMAN KELLY: Aye.
MR. LEFEBVRE: Aye.
MR. MARINO: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELLY: Passes.
MS. SORRELS: Thank you, gentlemen.
CHAIRMAN KELL Y: Thank you.
Next case is Carlos Perez.
(Speakers were duly sworn. Interpreter Jesus Fernandez, Jr. was
duly sworn.)
MR. SNOW: If! may offer a little bit of history for the board to
remember what happened on this.
This was a case in the industrial park in the condominium where
they had had -- done an illegal office.
Since the -- from the inception of the code case, there was since
another tenant that purchased it and didn't agree with what was going
on in that condo association. He had -- actually the condo association
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May 27, 2010
was being sued to figure out exactly what they were allowed to do
within that association, because he wanted to store cars there.
If you remember correctly, we brought him in for imposition of
fines. Mr. Perez brought his attorney with him and we didn't do it at
the time, we extended him time to go ahead and come into
compliance.
He eventually did come into compliance after the attorney and
after the litigation had been finished, everything was done.
Unfortunately after he came into compliance -- or right before he
came into compliance he was not able to permit anything because he
had spent so much on attorney's fees in trying to figure out what he
needed to do. But he came into compliance as soon as he could.
That being said; let me read the board's order for imposition of
fines. And obviously the county would like to give a recommendation
before we're done.
This concerns Case No. 2007080099, Collier County Ordinance
04-41, as amended, the Land Development Code, Section
1 0.02.06(B)(1)( a), 1O.02.06(B)(1)( e) and 1 0.02.06(B)(1)( e )(i).
The location is 3573 Enterprise Avenue, Naples, Florida. Folio
Number 76720002147.
And the description of violation is construction remodeling done
on first and second floor without first obtaining valid Collier County
building permits.
Past order: On August 22nd, 2008 the Code Enforcement Board
issued a finding of fact, conclusion of law and order. The respondent
was found in violation of the referred (sic) ordinances and ordered to
correct the violations. See the attached Order of the Board OR 4389,
Pages 1143 for more information.
The respondent has complied with the CEB orders as of
September 30th, 2009.
The fines and costs are dated as described as following: Orders
number three and six, fines at the rate of $200 per day for a period
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May 27,2010
between November 21st, 2008 and September 30th, 2009, 314 days,
for a total of $62,800.
Order number eight, operational costs of 88.43 have been paid.
And the total amount to date is $62,800.
CHAIRMAN KELL Y: And do you have a recommendation.
MR. SNOW: Yes, sir. Mr. Perez has done so much to try to
come into compliance. It was an extreme financial hardship on him
and his wife. And he's since had to close that one down because he
couldn't afford to get it permitted. This case has been long running
and he has tried to comply and he did comply when he could, so we
would recommend waiver.
MR. LEFEBVRE: I make a motion to abate all fines.
MR. KAUFMAN: Second.
CHAIRMAN KELLY: Any discussion?
(No response.)
CHAIRMAN KELLY: All those in favor?
MR. DEAN: Aye.
CHAIRMAN KELLY: Aye.
MR. LEFEBVRE: Aye.
MR. MARINO: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN KELL Y: Any opposed?
(No response.)
CHAIRMAN KELLY: No fines. Thank you very much.
MR. SNOW: I thank the board.
MR. DEAN: You got a good investigator there.
CHAIRMAN KELLY: Supervisor, isn't it?
And last case of the day, Tricia Jenks.
(Speakers were duly sworn.)
MR. AMBACH: Good morning. For the record, Christopher
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May 27,2010
Ambach, Collier County Code Enforcement.
This is in reference to Case No. CESD20900001470. Violations
are as follows: Collier County Code of Laws, Chapter 22, Building
and Building Regulations, Article 2, Florida Building Code, Sections
22 through 26-B, 104.1.3.5. Florida Building Code, 2004 Edition,
chapter one, Sections 105.1, and Collier County Ordinance 04-41, as
amended, the Land Development Code, Section 1O.02.06(B)(1)(a),
and 10.02.06 (B)(1)(e)(i).
Location: 830 Third Street Northwest, Naples, Florida. Folio
No. 37115960008.
Description: Garage built on property without Collier County
permits.
Past orders: On November 19th, 2009 the Code Enforcement
Board issued a finding of fact, conclusion of law and order. The
respondent was found in violation of the referenced ordinance and
ordered to correct the violation. See the attached Order of the Board
OR 4516, Page 6 for more information.
The respondent has not complied with the CEB orders as of May
27th, 2010.
The fines and costs to date are described as the following: Order
one -- excuse me, order item number one and number two, fines at a
rate of $200 per day for the period between May 19th 2010 and May
27th, 2010, nine days, for a total of$1,800.
Order Item No.5, operational costs of $83.15 have not been paid.
Total amount to date: $1,883.15.
MR. LEFEBVRE: Make a motion to impose the fines.
MR. KAUFMAN: Second.
CHAIRMAN KELLY: Any discussion?
(No response.)
CHAIRMAN KELLY: All those in favor?
MR. DEAN: Aye.
CHAIRMAN KELL Y: Aye.
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May 27,2010
MR. LEFEBVRE: Aye.
MR. MARINO: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LAVINSKI: Aye.
CHAIRMAN KELLY: Any opposed?
(No response.)
CHAIRMAN KELL Y: And it passes. Thank you.
MR. AMBACH: Thank you.
CHAIRMAN KELL Y: That's the end of our motions and public
hearings.
Moving on to reports. Diane, do you have a report?
MS. FLAGG: I do.
Through May 23rd of this month the banks have spent
$1,553,000 to abate code violations in Collier County for -- they've
abated 1,136 code cases. And the weekly savings to the County and
the taxpayers by the banks abating rather than the county having to
abate was $7,565 for last week.
In addition, the Board of County Commissioners has amended
the Code Enforcement Resolution that discusses fines and liens, and
it's written now in a format to further incentivize banks and
community members to come into compliance.
In summary, what it is is that the current owners would receive a
waiver of the fines and release of the lien once compliance is
achieved. Under this new program where buyers and sellers are
advised of code violations, that once they take title, whether it be the
bank or community member, since the resolution has passed, which
was May 25th, this week, once they take title, they will have to pay
the fines. But what it does is it gives the community member and the
bank an incentive to abate the violation before they take title.
So as you can tell by the report, we continue to get tremendous
success with the banks in abating violations before they take title, as
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May 27,2010
soon as we contact them for the most part. They've done a terrific job.
The only time, as you saw in one of the cases, if there's somebody in
the property, the bank won't go into that property until they have title.
But otherwise they're doing a great job of abating in the lis pendens
phase before they take title.
So as a result of this, the investigators have spent a lot of time
following up with property owners of old cases that never came into
compliance. The end result is, is that they are now starting to achieve
compliance with those old cases. Some of these cases are 10 years
old. And these cases are now coming into compliance and then we're
taking these cases to the board.
So the good news is that we're getting compliance on current
cases and now we're achieving compliance on old cases.
The rental registration program, the board also discontinued.
And the reason that that was discontinued was that the cost to handle
the program, administer the program exceeded the revenue. So we did
a cost benefit analysis, took that to the board and they discontinued the
program.
Since last month the department continues to provide meet and
greet events where the investigators go out with teams, and also the
Sheriffs deputies and utilities department, the whole community task
force team membership, they go out and do meet and greets.
And then they've had also several cleanups in various areas of the
community. One of the communities in the Immokalee community,
they just recently did a cleanup and filled nine dumpsters full of
debris, tires, construction material, old appliances, and really did a
great job in cleaning up that community. They've also had a
significant cleanup in East Naples and Golden Gate Estates and North
Naples. So the cleanups continue to be extremely successful.
The theory of the cleanup is that the code investigator, Sheriffs
deputies, utility folks, all the community task force team members go
out, identify an area in the community that needs to be cleaned up.
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May 27,2010
And rather than handing out citations or notices of violation, they go
shoulder to shoulder with the community member and get the area
cleaned up. And then all that material in the dumpsters are dumped at
no charge to the community member because it's arranged through our
contract with Waste Management.
MR. LEFEBVRE: Now, ifthere's a violation and a fine that is
on a property, you go to closing, so on a closing statement it shows
that Collier County gets paid "X" amount of money. What happens if
that violation's not taken care of? The fines --
MS. FLAGG: The fines are going to continue -- they would have
to pay the fines at the point that they took title to the property. So if a
lien has been imposed, if it's at the point that a lien has been imposed,
they would have to pay the fine at the point they took title.
So that's why there's further incentive to do that lien search and
that code property inspection, to identify what exactly is on that
property before you actually take title. So if it's going to cost $10,000
to bring the property into compliance, that you use that to negotiate
your price with the bank.
I wish I could bring you good news in regard to foreclosures but,
you know, as we have discussed before, there's a significant, what we
call a shadow inventory. The shadow inventory is where lis pendens
has been filed and/or the bank has taken title but the property has not
been put on the market. So there is still a significant number of
properties that are in bank ownership that have not been put on the
market.
So if you're seeing prices of properties increase, there may be
some artificial basis to that; because there's still a significant number
of properties out there.
In addition, there's also a significant number of properties that
folks have not made their mortgage payment for six months, a year,
two years, and the banks haven't filed a lis pendens on it yet. So
remember, the bank files a lis pendens, then they go through the
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May 27,2010
process and then they take title anywhere from a year to a year and a
half or longer.
So there's a wide range of what is happening in the market. And
obviously our goal is just to reach that bottom line, which is when you
drive down the street in Collier County you can't tell the difference
between a foreclosed property and an owner occupied property.
Because we know if we keep the aesthetics of Collier County sound,
that Collier County will be one of the first areas to recover when
recovery occurs.
MR. L'ESPERANCE: Director, do you have any approximate
numbers on those topics you've just mentioned?
MS. FLAGG: Numbers in terms of the number of foreclosures
filed, or in the foreclosure process exceeds 17,000 in Collier County.
We have -- we're monitoring 1,200 vacant homes through the
community caretaking list.
And obviously when the teams go out and do what they call a
vacant home sweep, they add and subtract from the list of the homes
sold and it comes off the community caretaking list.
However, typically what they find when they go out and do these
sweeps, they get home sweeps as they're adding to the community
caretaking list. The reason that we monitor the vacant homes is
because we know that crime and unusual activities can occur in
vacancies, so we maintain a community caretaking list for each
district. There's five code districts and they distribute that list to the
Sheriffs Office and the task force members so everyone knows where
these vacant homes are to keep an eye on them.
MR. L'ESPERANCE: You've answered my next question
already. Thank you.
CHAIRMAN KELLY: Any other questions?
(No response.)
CHAIRMAN KELL Y: Fantastic work, Director. Very nice.
MS. FLAGG: It's a great team.
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May 27,2010
CHAIRMAN KELL Y: For sure.
Our next meeting date is going to be June 24th. And a reminder
to everyone, the location's at Community Development and
Environmental Services, 2800 North Horseshoe Drive, and that is in
Conference Room 609-610.
MR. KAUFMAN: Will they have coffee?
MR. LEFEBVRE: There's a lot of new members. Are there
going to be any code of ethics training that usually is put on? Is it
once a year the county puts it on?
CHAIRMAN KELL Y: You mean the Sunshine Law?
MR. LEFEBVRE: Yeah.
MS. FLAGG: The County does offer Sunshine training. Would
you all like --
MR. LEFEBVRE: I think we have several times, but there are
several new members and I think that would be a good --
MS. FLAGG: We can take care of that.
MR. L'ESPERANCE: That would be a good idea.
CHAIRMAN KELLY: Larry?
MR. DEAN: I make a motion to adjourn.
MR. KAUFMAN: Second.
CHAIRMAN KELL Y: All in favor?
MR. DEAN: Aye.
CHAIRMAN KELL Y: Aye.
MR. LEFEBVRE: Aye.
MR. MARINO: Aye.
MR. L'ESPERANCE: Aye.
MR. KAUFMAN: Aye.
MR. LA VINSKI: Aye.
CHAIRMAN KELLY: Opposed?
No comment.
See you next month.
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May 27, 2010
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 10:16 a.m.
CODE ENFORCEMENT BOARD
KENNETH KELLY, Chairman
These minutes approved by the board on
presented or as corrected
as
Transcript prepared on behalf of Gregory Reporting Service, Inc.,
by Cherie' R. Nottingham.
Page 45