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CEB Minutes 08/26/2010 R August 26, 2010 TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD Naples, Florida August 26, 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 (Alternate) Herminio Ortega ALSO PRESENT: Jean Rawson, Attorney for the Board Diane Flagg, Code Enforcement Director J en Waldron, Code Enforcement Specialist Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: August 26, 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 VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WmCH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSffiLE FOR PROVIDING THIS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - A. July 22, 2010 Hearing 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Extension of Time 1. Alan & Margaret Vincent CEVR200800 16165 2. Matthew Searles CESD200900 13598 B. STIPULA TIONS C. HEARINGS 1. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLA TION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLA TION ADDRESS: 3. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLATION ADDRESS: 4. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO.: VIOLA TION ADDRESS: CELU20100001353 GUSTAVO F. ZUMBANA, JULIA ZUMBANA & ANDERSON ZUMBANA INVESTIGATOR RENALD PAUL COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 1.04.01(A) SINGLE FAMILY HOUSE PLUS A GAME ROOM/ STORAGE IN THE BACK THAT IS BEING LIVED IN. PROPERTY IS BEING USED FOR MULTI- FAMILY USE IN SINGLE F AMIL Y ZONED AREA 36384960005 2484 55TH TERRACE SW. NAPLES, FL CESD20100003695 MARIA D. & SERGIO GOMEZ INVESTIGATOR RENALD PAUL COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE II, FLORIDA BUILDING CODE, SECTION 22-22(b)(104.5.1.4.4) PERMIT # 2004030440 FOR THE FENCE AND PERMIT # 2004032107 FOR THE TIKI HUT WERE BOTH ABANDONED AND CO NEVER OBTAINED 36130560002 4983 17TH AVE SW NAPLES, FL CESD20090013598 MATTHEW SEARLES INVESTIGATOR REGGIE SMITH COLLIER COUNTY CODE OF LAWS, CHAPTER 22 BUILDINGS & BUILDING REGULATIONS, ARTICLE II, FLORIDA BUILDING CODE, ADOPTION & AMENDMENT OF THE FLORIDA BUILDING CODE, SECTION 22-26(b)(1 04.1.3 .5), COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTIONS 10.02.06(B)(1)(a), SECTION 10.02.06(B)(I)(e), SECTION 10.02.06(B)(1)(e)(i), FLORIDA BUILDING CODE, 2004 EDITION CHAPTER 1 SERVICE UTILITIES, SECTION 111.1 UNPERMITTED IMPROVEMENTS TO PERMITTED STORAGE BUILDING WITH WATER AND ELECTRIC BUILDING CONVERTED INTO LIVING SPACE 63503160002 3601 ESTEY AVE. NAPLES, FL CESD20090000998 NAPLES AFFORDABLE HOUSING, INC. INVESTIGATOR JOSEPH MUCHA COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a) GARAGE THAT WAS CONVERTED TO LIVING SPACE WITHOUT PERMIT 35643880005 4232 22ND AVE SW. NAPLES, FL 5. CASE NO: OWNER: OFFICER: VIOLA TIONS: FOLIO NO: VIOLATION ADDRESS: 6. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 5. OLD BUSINESS CESD20090013290 MARC L. SHAPIRO PA. TR, COLLIER 51sT TERRACE TRUST INVESTIGA TOR JOSEPH MUCHA COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 1O.02.06(B)(1)(a) GARAGE THAT WAS CONVERTED TO LIVING SPACE AND AN ENCLOSED LAUNDRY ROOM ADDED TO THE REAR OF THE STRUCTURE WITHOUT PERMITS 36313040006 232051 ST TERRACE SW. NAPLES, FL CESD20090012302 LESTER & MARY F. KEMPF INVESTIGA TOR JAMES KINCAID COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a) NO COLLIER COUNTY PERMITS FOR ENCLOSING A SCREENED LANAI/PORCH WITH STUCCO WALLS AND A WINDOW 77260280004 144 6TH ST. NAPLES, 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 NO: VIOLATION ADDRESS: CESD20090002945 LISA DASHER INVESTIGATOR MARIA RODRIGUEZ COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(e)(i), FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER 1 PERMITS, SECTION 105.1 PATIO IN THE REAR OF THE PROPERTY BUILT WITHOUT A COLLIER COUNTY PERMIT 25577800404 3551 CARSON LAKES CIRCLE IMMOKALEE, FL CESD20080015112 MARIE L. GILOT INVESTIGATOR WELDON WALKER COLLIER COUNTY CODE OF LAWS, CHAPTER 22, BUILDINGS & BUILDING REGULATIONS, ARTICLE II, FLORIDA BUILDING CODE, SECTION 22-26(b)(104.1.3.5) CONSTRUCTIONI REMODELING DONE TO MAIN HOUSE AND SHED ON PROPERTY WITHOUT PERMITS 7521240007 1707 6TH AVENUE IMMOKALEE, FL 3. CASE NO: OWNER: OFFICER: VIOLA TIONS: CESD20080014486 CLYDE & SUSAN BRYAN INVESTIGATOR AZURE SORRELS COLLIER COUNTY CODE OF LAWS, CHAPTER 22, BUILDINGS & BUILDING REGULATIONS,ARTICLE II, FLORIDA BUILDING CODE, ADOPTION & AMENDMENT OF THE FLORIDA BUILDING CODE, SECTIONS 22-26(B)(1 04.1.3.5) AND 22-26(B)(1 06.1.2) AND COLLIER COUNTY ORDINANCE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(A) UNPERMITTED ENCLOSURE OF CARPORT TO INCLUDE DECKING AND SCREENING 60583200008 FOLIO NO: VIOLA TION ADDRESS: 54 MOREHEAD MANOR NAPLES, FL B. Motion for Reduction of Fines/Lien 6. NEW BUSINESS 7. CONSENT AGENDA A. Motion for Imposition of Fines/Liens B. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 8. REPORTS 1. Palm Lake, LLC. 9. COMMENTS 10. NEXT MEETING DATE - September 23, 2010 11. ADJOURN August 26, 2010 CHAIRMAN KELLY: Good morning. I'd like to call the Code Enforcement Board meeting to order. Notice: Respondent may be limited to 20 minutes per case presentation, unless the additional time is granted by the Chair. Persons wishing to speak on any agenda item will receive up to five minutes, unless the time is adjusted. 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 persons who decide 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. May I have roll call? MS. WALDRON: Mr. Ken Kelly? CHAIRMAN KELLY: 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 August 26, 2010 MS. WALDRON: And Mr. Herminio Ortega is absent. CHAIRMAN KELLY: Thank you. Do we have any changes to the agenda? MS. WALDRON: We do. Under number four, public hearings/motions, letter A, motions. Motion for extension of time, number two, Matthew Searles, Case CESD20090013598 has been withdrawn. Under letter C, hearings, number one, Case CELU20100001353, Gustavo F. Zumbana, Julia Zumbana and Anderson Zumbana has been withdrawn. Number three, Case CESD20090013598, Matthew Searles, has been withdrawn. Number four, Case CESD20090000998, Naples Affordable Housing, Inc., has been withdrawn. Number six, Case CESD20090012302, Lester and Mary F. Kempf, has been withdrawn. (At which time, Mr. Ortega enters the boardroom.) MS. WALDRON: Under number five, old business, letter A, motion for imposition of fines/liens, number one, Case CESD20090002945, Lisa Dasher, has been withdrawn. Under number six, new business, we do have one addition. This will be to discuss the vehicle for hire task force. And that is all the changes I have. CHAIRMAN KELLY: All right, thank you. Also, for the record, I want to note that we do have a late arrival. And because we have a full quorum, the alternates would be able to participate in discussion but will not have voting rights at this meeting. MR. LEFEBVRE: Mr. Kelly? CHAIRMAN KELLY: Sir. MR. LEFEBVRE: If I may make one suggestion. Looks like we only have one respondent here. And I don't know where she falls in the agenda, but maybe we can move her up and hear her first -- Page 3 August 26, 2010 MR. L'ESPERANCE: I agree. MR. LEFEBVRE: And that way she doesn't have to stay here throughout the -- MR. DEAN: Good idea. CHAIRMAN KELLY: Good idea. No problem. We haven't had a motion yet, so what we'll do is if you don't mind, if we could get your name we can move you up to the front so you don't have to wait around all morning. MS. GILOT: Marie Gilot. MS. WALDRON: It's number two under imposition of fines. CHAIRMAN KELLY: Okay. And since it's your motion, if you want to make it and with the approval. MR. LEFEBVRE: I'd like to make a motion to change the agenda to move Marie Gilot, CESD200800 15112 to the front -- or top of the agenda. MR. DEAN: Second the motion. CHAIRMAN KELLY: And just for clarification, did you want that before motions? MR. LEFEBVRE: Yes, sir. CHAIRMAN KELLY: Okay. MS. WALDRON: Sure. And we also do have an attorney here for number three under imposition of fines. So there are two present. MR. LEFEBVRE: Okay. And we can move that one up also. CHAIRMAN KELLY: Okay, number three under imposition of fines would be Clyde and Susan Bryan. MS. WALDRON: Yes, sir. CHAIRMAN KELLY: And then also on that case there was -- everyone should have gotten a sheet with a revised imposition of fines dec. page. Okay, we do have an amended motion. Do you want to amend your second, Larry? MR. DEAN: Yeah, I'll amend the second.m Page 4 August 26, 2010 CHAIRMAN KELLY: Discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. ORTEGA: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: And the agenda has been accepted with modifications. Next we move on to the minutes of last month's meeting. Any changes or modifications? (No response.) MR. KAUFMAN: I'll make a motion we accept the minutes as written. CHAIRMAN KELLY: Okay, we have a motion. Do we have a second? MR. DEAN: I'll second the motion. CHAIRMAN KELLY: Second as written (sic). Any discussion? (No response.) CHAIRMAN KELLY: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. ORTEGA: Aye. MR. LA VINSKI: Aye. Page 5 August 26, 2010 CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: And approved as written. Okay, moving on to public hearings, we're going to go with Mrs. -- is it Gilot? With a good accent. If you'd like to step up to the podium, we'll go ahead and swear you in. (Speakers were duly sworn.) CHAIRMAN KELLY: Mrs. Gilot, could you pull the microphone closer to your mouth; it helps the court reporter. Okay, this is for an imposition of fines. And normally what happens in these cases is we'd like to know from you what the status is. And I assume that you would be therefore asking for a reduction or an abatement. However, our paperwork says that it is not in compliance. And typically we don't allow any abatement of fines if something hasn't been in compliance. So would you like to speak to that for a moment? MS. GILOT: Well, what this, the abatement you say? CHAIRMAN KELL Y: That means that you have fixed or corrected the problems, the original -- what was originally cited, that's all fixed and repaired. MS. GILOT: Okay. I asked on the 25th of March to come in front of the code, because I don't have any money to do it right now. And by that time there was Miss -- I think it's Miss Maria was working with me. This is the letter I wrote to them: I would like to come in front of the code to ask for more time to do it. And that's the reason why I'm here today, because I don't have any money, and I'm not working right now. CHAIRMAN KELLY: Just for procedural issues, let me speak to the inspector real quick. Inspector, it's not in compliance, right? MR. WALKER: That's correct, sir. CHAIRMAN KELL Y: And have you noticed any progress at Page 6 August 26, 2010 all? MR. WALKER: None whatsoever. There has been no -- let me rephrase that. She -- we met with her after our last hearing, myself, Ms. Rodriguez, and Ms. Alamar Finnegan from permitting. We addressed her violation with her and gave her an indication of what she needed to do. At that point she met again with Ms. Alamar from permitting, if I'm not mistaken, a week ago. And Miss Alamar indicated that she had told her exactly what she needed to do again, and that all she needed to do was reap the permit, which she hasn't done to date. CHAIRMAN KELLY: Do you know approximately how much those permit fees would be? MR. WALKER: I'm not specifically sure with regards to the cost of the permits, no. CHAIRMAN KELLY: May I ask you -- MS. GILOT: Sir? CHAIRMAN KELLY: Yes. MS. GILOT: When I went over there, the lady asked me to draw about the shed, to bring' that to her and draw the picture of the shed, because we were talking about the shed, not the other -- this is from the -- CHAIRMAN KELLY: If I may, if you're going to show us those pictures, we need to admit them as evidence. And if we did that, the court reporter would take them from you. So do you have other copies? MS. GILOT: Yes. No, I don't have another copy. CHAIRMAN KELLY: Let me also ask the board, it sounds like we're steering more towards a motion for an extension of additional time. Any thoughts from the board as to whether or not we're willing to entertain that? MR. DEAN: I have one question. MS. GILOT: But they want me to tear the shed down. They said Page 7 August 26, 2010 I build the shed. I did not build the shed, because it is on the papers from the mortgage company. What I did with them is repair them because of the Hurricane Wilma. CHAIRMAN KELLY: We're not technically supposed to see those just yet. Let me talk to the board and see what we'd like to do here. MR. DEAN: I had one question. On the remodeling to your home, is that done or you're still doing it? MS. GILOT: I'm still doing it because I didn't get the permit yet because I don't have any money to do it. MR. DEAN: But I'm -- are you still working on that right now? MS. GILOT: Yes, I do. MR. DEAN: You're building on it, right? MS. GILOT: I'm not building. It already there, sir. MR. DEAN: Thank you. CHAIRMAN KELLY: Gerald? MR. LEFEBVRE: Typically we look more favorably if the operational costs have been paid. In this case they have not been paid, which is in the amount of $80.29. MS. GILOT: Okay, the reason why I did not pay -- MR. LEFEBVRE: I'm not finished, ma'am. MS. GILOT: Oh, excuse me. MR. LEFEBVRE: I am not of the feeling of extending-- granting an extension, due to the fact that the operational costs have not been paid. CHAIRMAN KELL Y: Any other comments from the board? MR. ORTEGA: I have a question. I'm-- MS. GILOT: But when I went over there to pay it-- CHAIRMAN KELLY: Hang on one second. Originally -- to answer your question, it was originally from 30 days from the first order. MS. GILOT: Yes. I went over there to pay it. The lady told me Page 8 August 26, 2010 if I have enough evidence, be better for me not to pay. I told here, I want to pay it. She said, no, because they have to refund me the money. And she told me no. CHAIRMAN KELLY: That's a -- that maybe would be the permitting department, but the code enforcement investigation fees are something that we can't waive, and it's something that would be required regardless. MS. FLAGG: Mr. Chairman? CHAIRMAN KELLY: Yes. MS. FLAGG: Let me offer that if the board decides not to grant a motion for extension, that at the point she comes into compliance, we will on her behalf take it to the Board of County Commissioners and ask them to waive the fines and release the lien. CHAIRMAN KELLY: Okay, that sounds great. Did you want to comment, or -- MR. ORTEGA: Yeah, I'm a little bit confused. You said something about reap? MR. WALKER: Yes. Actually, she applied for a permit, and the actual permit that she applied for was issued and they completed the work, but they failed to call in inspections. MR. ORTEGA: You mean final inspections? MR. WALKER: Final inspections. There was I think two remaining final inspections that were to be done. And all she needed to do -- there was two separate issues, and we're kind of rehearing it again, but there was two separate issues: One was the shed and one was the actual addition to the house. We had spoke to her on both of those issues, one of which she knew that she -- actually both of which she knew that she needed to actually reap the addition as well as get a permit for the shed, because the shed size has increased from the point it was originally put on there. So it was actually expanded. MR. ORTEGA: I see. Thank you. Page 9 August 26, 2010 CHAIRMAN KELLY: Okay. Mr. Kaufman? MR. KAUFMAN: I'd like to -- I think our hands are tied. When I see something as far as that it is not changed, it still doesn't comply and that the operational costs have not been paid, it has always been our duty to impose the fines. So I'd like to make a motion that we impose the fine, knowing that should you bring this into compliance, the head of code enforcement has said that they would on your behalf go to the Board of County Commissioners and ask for the fine to be abated. So that's my motion. MR. LEFEBVRE: I second that motion. CHAIRMAN KELLY: Okay, we have a motion and a second. F or the record, I'll go ahead and read what we're doing. This is CEB Case CESD20080015112, Board of County Commissioners versus Marie Gilot, G- I - L-O- T, respondent. Violations of Florida Building Code, Chapter 22. Location: 1707 6th Avenue, Immokalee, Florida. And the total fines are broken down as item number one and number two, rate of $150 per day for a period between June 26th and August 26th, 2010, for 62 days, for a total of $9,300. And fines continue to accrue. And item number five, operational cost of $80.29 for a total amount of$9,380.29. Any further discussion? MS. GILOT: So when they asked me to come to court in June, I wasn't here, I was on missionary. Why do you have to charge me for that? CHAIRMAN KELLY: One second. Let me finish this vote before we can enter any more public comment. Any further discussion? (No response.) Page 10 August 26, 2010 CHAIRMAN KELLY: All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. ORTEGA: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? Okay. I'm sorry. So you said you were on a missionary trip? MS. GILOT: Yes. CHAIRMAN KELLY: And you weren't here. MS. GILOT: Yes. And I request to come today, and that's why I'm here today. CHAIRMAN KELLY: I appreciate that. And what we have here is we've gone ahead and imposed the fines. And the reason why is because this is what we were presented with today. If you wanted an extension of time, we had the opportunity to do that by just simply writing a letter and requesting time. But we passed that opportunity and this is what we were presented with. So unfortunately this is what we had to vote on. However, you did have the director of code enforcement stand up on your behalf and say that as soon as this comes into compliance, if it's done in a timely manner, she will approach the Board of County Commissioners who has the right to abate all of the fines on your behalf. Abate means to wipe out or to take off all the fines. So I would suggest that you continue to work diligently as money becomes available. And once everything is okay, have the investigator come out and take a look for you and they'll bring it in front of the Board of County Commissioners to try to get those fines taken off of your home for you. Okay? Page 11 August 26, 2010 Next case. MR. WALKER: Thank you very much. CHAIRMAN KELLY: Thank you, sir. Next case is going to be CEB Case CESD200800 14486, Board of County Commissioners versus Clyde and Susan Bryan, represented by Mr. Rankin. MR. RANKIN: Yes, Your Honor, I'm her Power of Attorney. He's dead. CHAIRMAN KELLY: We have a revised order that states that the respondent is in compliance. You're an attorney, you don't have to be sworn. MR. RANKIN: Yes, Your Honor. That first one was a mistake. And I have paid the fees also. CHAIRMAN KELLY: Okay, great. MR. RANKIN: And-- CHAIRMAN KELLY: I'm sorry, Mr. Rankin, let's get the investigator sworn in. MR. RANKIN: No problem, Your Honor. (Speaker was duly sworn.) CHAIRMAN KELLY: Ifwe can, let's let Collier County read this one in correctly. J en, do you want to read this one in, since it happened so quickly? MS. WALDRON: Ms. Sorrels will. MS. SORRELS: For the record, Azure Sorrels, Collier County Code Enforcement Investigator. Reference to Case No. CESD200080014486, Board of County Commissioners versus Clyde and Susan Bryan. Violations: Collier County Code of Laws, Chapter 22, Building and Building Regulations, Article 2, Florida code -- excuse me, Florida Building Code, adoption and amendment of the Florida Building Code, Section 22-26(B), subsection 104.1.3.5, and Section Page 12 August 26, 2010 22-26(B), subsection 106.1.2, and Collier County Ordinance 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 549 Morehead Manor, Naples, Florida. Folio 60583200008. Description of past order: Unpermitted enclosure of carport to include decking and screening. On November 19th, 2009 the Code Enforcement Board issued a finding of facts/conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 49516, Page 1, for more information. The respondent has complied with the Code Enforcement Board orders as of June 11 th, 2010. The fines and costs to date are described as the following: Order item number one and two, fines at a rate of $200 per day for the period between January 19th, 2010 through June 11th, 2010, 144 days, for the total of $28,800. Order item number five, operational cost of $80.29 have been paid. Total amount to date, $28,800. And if I could just refresh your memory, the last hearing, it was scheduled for an imposition of fines. The county had withdrawn. Mr. Rankin was recently hired by the respondents and he speediously (sic) -- if that's a word -- had abated the violations and brought the property into compliance. CHAIRMAN KELLY: Great. I want to first commend you on the speed at which you read that. I'm sure Cherie's very grateful. And two, would you be able to tell us if the county has any opposition to abatement of the fines? MS. SORRELS: No, we don't have any. MR. LEFEBVRE: I make a motion to abate the fines. MR. KAUFMAN: Second. MR. RANKIN: Thank you, Your Honor. Page 13 August 26, 2010 CHAIRMAN KELLY: Any discussion? MR. DEAN: I have one question. CHAIRMAN KELLY: Okay. MR. DEAN: On the fines it says here 44,000, and the other one it says 28-8. Are we abating 28-8 or are we abating 44,000, as read as 28? MS. SORRELS: We're abating the 28,800. The first copy that you had received was incorrect, sir. MR. DEAN: Oh. MR. LEFEBVRE: The dates changed from June 11 -- or from August -- MR. DEAN: I see that, okay. MR. LEFEBVRE: That's the difference. CHAIRMAN KELLY: All right, any other discussion? (No response.) CHAIRMAN KELL Y: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. ORTEGA: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) MR. RANKIN: Thank you very much. CHAIRMAN KELLY: Great job, Mr. Rankin. MR. RANKIN: And we tried hard. And thank you very much. CHAIRMAN KELLY: Thank you, sir. Okay, now we're going to 4-A, motions. Motion for extension of time. Allen and Margaret Vincent. I believe in your packet you should have a notice, a letter from Mr. Vincent. Page 14 August 26, 2010 MS. O'FARRELL: Good morning. (Speaker was duly sworn.) CHAIRMAN KELLY: Susan, in the letter it speaks to Mr. Vincent working diligently to revegetate and to clear out like he was supposed to. Do you want to confirm that, or-- MS. O'FARRELL: Yes, I can confirm that they have been working. I brought photos, if you'd like to see them. CHAIRMAN KELL Y: Would you like to admit that into evidence, or is the testimony satisfactory? MR. ORTEGA: I have a question. Was this a complaint or was there construction going on while -- why were they made to remove the vegetation, exotic vegetation? MS. O'FARRELL: There was a complaint made by the neighborhood of the adjacent property. MR. LEFEBVRE: Has he stated a time frame for an extension? MS. O'FARRELL: I believe they were asking for three months. I wanted to let you know, though, that on the 11 th I was on the property up to my ankles in water, so it was very wet, and we might want to consider giving them a little more time. MR. LEFEBVRE: Maybe to the end of the year? Would that be sufficient, you think, or a little further? MS. O'FARRELL: Yeah, or a little further after that, maybe. MR. LEFEBVRE: Six months? MS. O'FARRELL: What a great idea. MR. KAUFMAN: Originally this was given six months. MS. O'FARRELL: Yes, they've had another extension of time already, yes. MR. KAUFMAN: So originally it was given six months, and during that six months they've been working on this property? MS. O'FARRELL: After the CEB board asked me to go out and mark all the trees, I went out and marked all the trees on the property, and they began removing the trees. I'm not sure when exactly. But Page 15 August 26, 2010 they had not completed before the rainy season started, and so there was a lot of resprouting of the Brazilian pepper. And actually the melaleuca was resprouting as well, so they hadn't completely finished cutting down all of the trees and they had the resprouts to deal with as well. So that's why they were asking for more time. CHAIRMAN KELLY: For the record, I show the original order would have been up August 24th, which was yesterday. MS. O'FARRELL: Right. CHAIRMAN KELLY: And I don't see an extension. So this I guess would be the first extension that they're requesting. And the original was a six-month time frame. So is there a motion or a feeling, discussion? MR. LEFEBVRE: I make a motion to extend another six months, the period another six months. CHAIRMAN KELLY: Another six months from today? MR. LEFEBVRE: From today. CHAIRMAN KELLY: Do we have a second? MR. KAUFMAN: Second. CHAIRMAN KELLY: Seconded by Mr. Kaufman. Any discussion? (No response.) CHAIRMAN KELL Y: All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. ORTEGA: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELL Y: Any opposed? (No response.) CHAIRMAN KELLY: Great. Thank you, Ms. O'Farrell. Page 16 August 26, 2010 MS. O'FARRELL: Thank you. CHAIRMAN KELLY: That ends the motions. Now we'll move on to C, hearings. Number two, Maria and Sergio Gomez. The respondents I don't believe are here. (Speaker was duly sworn.) CHAIRMAN KELLY: Good morning, Mr. Paul. MR. PAUL: Good morning. MS. WALDRON: This is in violation of ordinance Collier County Code of Laws, Chapter 22, Article 2, Florida Building Code, Section 22-26.B, 104.5.1.4.4. Description of violation: Permit No. 2004030440 for a fence and Permit No. 2004032107 for the tiki hut were both abandoned and C.O. never obtained. Location/address where violation exists: 4983 17th Avenue Southwest, Naples, Florida, 34116. Folio 36130560002. Name and address of owner/person in charge of violation location: Sergio and Maria D. Gomez, 4983 17th Avenue Southwest, Naples, Florida, 34116. Date violation first observed: March 26th, 2010. Date owner/person in charge given Notice of Violation: April 3rd,2010. Date on/by which violation to be corrected: April 30th, 2010. Date of reinspect ion: July 6th, 2010. Results of reinspection: The violation remains. I'll now turn it over to Investigator Renald Paul. MR. PAUL: How are you doing? For the record, Renald Paul, Collier County Code Enforcement Investigator. I'd like to present at this time evidence and Exhibits B-1 and 2. MR. KAUFMAN: Motion to accept. MR. LEFEBVRE: Second. CHAIRMAN KELLY: Motion and a second. Page 1 7 August 26, 2010 Any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. ORTEGA: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) MR. PAUL: As you'll see in the first picture, just shows a picture from the street, the fence that they have on the property, which is one of the violations. And the second photograph, I know it's a little rough to see, it's a little dark, that's the tiki hut, if you can see it in the back. Yeah, back there is the tiki hut. This case began on 3/26 of2010. We had gotten a complaint that there were unpermitted things on the property. I'd gone out, observed they did have a fence and a tiki hut, and I did research. After researching the two permits, found that the prior owners had applied for the permits but had never gotten any inspections or certificate of completion. At that time I completed a Notice of Violation which I did attempt to serve to the property owner, but no one was home so it was sent certified mail. The certified mail was returned signed by the property owner. And on 4/16 of2010, I received a phone call from a Daniel Gomez, which is the son of the property owner. And what he pretty much said was his parents were losing the house and they were going through a foreclosure at this time. And that's pretty much what they Page 18 August 26, 2010 were waiting on, on the foreclosure and when they needed to leave the premIses. I did several reinspections. No permits have ever been applied for. The bank does not have title at this time to this property. There was a final judgment that had gone through, but we're still waiting on the title at this time. The notice of hearing was posted at the property on 8/6 of2010. All affidavits completed. And we're here today. And I was out there yesterday and the violation remains. MR. KAUFMAN: Motion to find them in violation. MR. DEAN: Second. CHAIRMAN KELLY: Motion and a second by Mr. Dean. Any discussion? MR. LEFEBVRE: I have a question, procedural question. Jean? MS. RAWSON: Yes. MR. LEFEBVRE: Being that there's been a final judgment issued and still the bank does not take title, do they have to be noticed of the hearing? MS. RAWSON: I'm sure that they will be noticed of the hearing, because I think Diane probably works closely with all the banks on these foreclosures, so I'm sure they're going to know about it. But right now it's -- this lien is going to be against the title holder, which is still the respondent Gomez. CHAIRMAN KELLY: Any further discussion? (No response.) CHAIRMAN KELLY: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. Page 19 August 26, 2010 MR. ORTEGA: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Okay, a violation exists. Do you have a recommendation? MR. PAUL: Yes, I do. We ask that the respondents pay all operational costs in the amount of $81.15 incurred in the prosecution of this case within 30 days of this hearing. We ask that the respondents to -- is required to obtain any and all permits as required by Collier County for any and all additions to the residence or obtain permits for removal of all additions to this property, and obtain all required inspection and certificate of completion within "X" amount of days of this hearing or be fined "X" amount of dollars for each day the violation remains unabated. The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation 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 to the property owner. CHAIRMAN KELLY : Very good. Anyone want to try? MR. KAUFMAN: Let me give it a shot. Let me fill in the blanks. To be brought into compliance in 60 days, and a fine of$100 a day subsequent to bringing it into compliance. CHAIRMAN KELLY: We have a motion. Do we have a second? MR. LA VINSKI: Second. Page 20 August 26, 2010 CHAIRMAN KELLY: Do we have any discussion? MR. LEFEBVRE: I think 60 days may be a short period, considering that the bank does not have title and that the current owners obviously are not going to take care of the problem. I think 60 days may be a short period. MR. DEAN: Yeah, but I think a short period, doesn't it give them a notice? And if you give them longer, we're anticipating something that might never happen. That's why I like short notice, it puts everybody on notice what's happening. MR. LEFEBVRE: Well, I think it's inevitable that the bank is taking it. I mean, it's in foreclosure. And typically there's a lag period before they take title to the property. Just my thoughts. MR. DEAN: I know, but I don't know that for sure. I know what I'm reading and what I'm hearing, but -- MR. KAUFMAN: I don't think it matters whether it's 60 days or 360 days. MR. DEAN: Well, it does matter, because it puts somebody on notice that there's a problem. What if you have a buyer for the home and they don't know about the problem? MR. KAUFMAN: I'm agreeing with you. MR. LEFEBVRE: It will come up in the title search. CHAIRMAN KELLY: Any other discussion? MR. LEFEBVRE: Diane has something. MS. FLAGG: Mr. Chairman, I would just offer that we try to push these through, if the banks don't react. Once we put a lien on it, it shows up in the public record and it gives the buyer ample warning that there's something going on, which then the bank does correct it. We still have a few banks that like to play the game a little bit. CHAIRMAN KELLY: So are you saying that the order itself won't necessarily be recorded? MS. FLAGG: The order will be recorded. But once it's recorded then there's an actual-- so if they don't -- if the buyer does not do a Page 21 August 26, 2010 code lien search -- which is not required; we recommend it strongly, but if they don't do it and there's nothing in the public record, it's not going to show up. Once the order is recorded, then it will show up when they do the title search. CHAIRMAN KELLY: Any other discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. ORTEGA: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? MR. LEFEBVRE: (Indicating.) CHAIRMAN KELLY: And it carried -- oh, one opposition? MR. LEFEBVRE: Yes. CHAIRMAN KELLY: By Gerald. All right. It does pass, though. Great. Thanks, Mr. Paul. MR. PAUL: Thank you. CHAIRMAN KELLY: Next case, Case No.5, Mark Shapiro, Attorney, Trust, Collier 54th Terrace Trust. (Speaker was duly sworn.) MS. WALDRON: This is in reference to violation of ordinance Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1 )(a). Description of violation: Garage that was converted to living space and an enclosed laundry room added to the rear of the structure without permits. Location/address where violation exists: 2320 51 st Terrace Southwest, Naples, Florida, 34116. Folio 36313040006. Page 22 August 26, 2010 Name and address of owner/person in charge of violation location: Mark L. Shapiro, P A Trust, Collier 51 st Terrace Trust, 2320 51st Terrace Southwest, Naples, Florida, 34116. Date violation first observed: August 10th, 2009. Date owner/person in charge given notice of violation: Note of violation posted at the property and the Collier County Courthouse on October 22nd, 2009. Date on/by which violation to be corrected: November 22nd, 2009. Date of reinspection: June 14th, 2010. Results of reinspection: Violation remains. N ow I'd like to turn it over to Investigator Mucha. MR. MUCHA: Good morning. For the record, Joe Mucha, Collier County Code Enforcement. I have eight photographs taken on August 10th, 2009 by myself that I'd like to submit into evidence. MR. KAUFMAN: Motion to accept. MR. LA VINSKI: Second. MR. LEFEBVRE: Second by Mr. Lavinski. Any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. ORTEGA: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) MR. MUCHA: This is just a picture of what the house looks like Page 23 August 26, 2010 from the street. That far wall there is actually -- on the other side is where the garage door is. So you can see that they enclosed -- put a wall up in the garage. This is an electrical panel that is in the garage. Cover was taken off of it. This is kind of like a little makeshift sink that was in the garage. Some cabinets. This is a bathroom that was installed inside the garage. And it also had a shower facility as well. This is an enclosed laundry room that was added onto the back of the house. It was not up to code. And this is just taken to show actually it's been used as a laundry room. This case initiated on August 10th of 2009 as a -- we actually received a complaint from the resident that was living there that she had some issues. Her water was shut off and there was also some other issues that she had. So while I was there to inspect the property maintenance issues, that's when I observed that the garage had been converted to living space. And also, based on what the laundry room that was attached looked like, I was pretty sure that that wasn't going to be permitted as well. And I did my research and could not find permits for either conversion or addition. MR. KAUFMAN: So this was reported by the renter? MR. MUCHA: Yes, there was a renter at the time. And also when I did my research, I found that the property was in foreclosure. And the renter was kind of in limbo, she wasn't paying the rent, and I think she was kind of just holding on, staying there as long as she could. So I was kind of waiting to see what was going to happen with her. MR. LEFEBVRE: When was the last time you were at the Page 24 August 26, 2010 property again? MR. MUCHA: I was actually at the property yesterday. MR. LEFEBVRE: Is the tenant still in place? MR. MUCHA: No, no, the property vacant. The property has actually been vacant since November of2009. And that's kind of-- I'm going to get into that real quick. I ended up having to post the property on October 22nd, 2009, as previously stated. I sent the Notice of Violation, certified mail and it was returned unclaimed so I posted the property on October 22nd, 2009. And at that time the tenant was still there, or it appeared that she was still there. I couldn't confirm or deny that it was vacant. But when I went back in November, I went -- I made a site visit on November 24th, 2009 and I was able to confirm that the property was vacant. And at that time, because of the property being in foreclosure, the case was referred to the foreclosure team to try and see if we could get the bank to come in and get some compliance. But I guess because with it being interior violations, the bank was unable to -- you know, because they don't have title, they're not going to be able to get permits or, you know, get a demo permit and do the things that needed to be done. So the case was actually returned back to me in June of this year, June 11th, 2010. I made a site visit on June 14th, 2010, confirmed that the property was still vacant. So at that time I elected to forward the case to the Code Enforcement Board. I made a visit on August 4th, 2010, posted a notice of hearing. Property is still vacant. Made a site visit yesterday, property is still vacant. No permits have been applied for. Remains in the same state. MR. LEFEBVRE: What's the status of the bank's-- MR. MUCHA: It's still in notice of lis pendens. MR. LEFEBVRE: Wow. Thank you. Page 25 August 26, 2010 MR. ORTEGA: Has there been any communication between you and the owner? MR. MUCHA: No, sir. MR. ORTEGA: Never? MR. MUCHA: I attempted to -- I sent a note of violation certified mail, and I've dealt with Mr. Shapiro in the past, and I just haven't had much success. MR. ORTEGA: Are we talking about the same Shapiro, the attorney? MR. MUCHA: Yes, sir. MR. KAUFMAN: The panel that's missing from the electrical box, the electric is turned on in that house? MR. MUCHA: It was at the time when the tenant was there. I believe it's no longer turned on. It's been vacant since November of last year. MR. KAUFMAN: I'd like to make a motion that we find them in violation. MR. DEAN: I'll second the motion. CHAIRMAN KELLY: Any discussion? (No response.) CHAIRMAN KELLY: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. ORTEGA: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Okay. Do you have a recommendation? MR. MUCHA: Yes, sir. My recommendation is Code Page 26 August 26, 2010 Enforcement Board orders the respondent to pay all operational costs in the amount of $80.57 incurred in the prosecution of this case within 30 days, and to abate all violations by: Hiring a general contractor licensed in Collier County to obtain all applicable permits, inspections and certificates of occupancy/completion for all unpermitted improvements made to the structure, or remove all unpermitted improvements made to the structure and restore to a permitted state within blank days or a fine of blank per day until violation is abated. The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation 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 to the property owner. MR. KAUFMAN: I'd like to add one thing to your proposal, and that is I don't think you specifically mentioned that the panel that's in the garage be covered. I don't think that might have been part of the original problem, but it is the biggest problem in that house right now. If they turn the electric on, you put your hand in, you die. So I'd like to include that as part of the remediation. MR. MUCHA: Yes, sir. MR. KAUFMAN: And I'd like to fill in the blanks on your proposal, and I'd like to make a fine of $200 a day and it be remediated within 60 days. CHAIRMAN KELLY: We have a motion. Do we have a second? MR. LA VINSKI: Second. CHAIRMAN KELLY: Seconded by Mr. Lavinski. Any discussion? MR. LEFEBVRE: Yes. Question. Are we allowed to request that the respondent do something that has not been found as a Page 27 August 26, 2010 violation? Because the panel is not -- did you find that specifically as a violation? MR. MUCHA: That was just -- I took that picture at the time because there was somebody that was in there. I mean, this case here is more in regards to the permit. MR. LEFEBVRE: The enclosed garage and the laundry room -- MR. MUCHA: Yes, sir. MR. LEFEBVRE: -- not specifically the electrical panel. Which was probably there prior to the garage being, I mean, obviously -- MR. MUCHA: Yes, sir. MR. LEFEBVRE: -- enclosed. MR. KAUFMAN: I think if you bring a licensed contractor in and he would see or she would see an exposed panel like that, that is part of their license to abate that problem. CHAIRMAN KELLY: Is the electrical panel in the garage? MR. MUCHA: Yes, sir. CHAIRMAN KELLY: And is it possible that they needed to gain access to the electric panel in order to do the garage conversion by possibly adding more electrical outlets or something to that effect? MR. MUCHA: That's possible. CHAIRMAN KELLY: So it could be part of the -- it could have been part of the violation, if that's the case. MR. LEFEBVRE: I'm just worried that the respondent can say you're trying to tell me to do something that I was not noticed for. MS. RAWSON: Well, they were noticed basically for converting the living space in the laundry room and an addition in the garage, so that might have been a part of it. You know, I don't think there's a real problem if you tell them to close that panel, especially if you're going to give them 60 days to get a licensed contractor. MR. L'ESPERANCE: May I bring up something we have to consider here. I don't think we have been getting much of a response from Page 28 August 26, 2010 respondents yet. I think we may have to take it upon ourselves, if it's possible, to gain access to the property with permission, just to put the panel back on. MR. LEFEBVRE: The property's currently vacant, so I don't think it's an issue now. MR. DEAN: Well, if the property's locked, it's an issue. You have to gain proper access to the property, with permission if it's locked. CHAIRMAN KELLY: If this goes past the 60 days, the county has the option to use the Collier County Sheriffs Office to assist in taking care of these issues and abating all the violations, correct? MS. FLAGG: Correct. CHAIRMAN KELLY: So we would have access at that time then. Okay. All right, we have a motion and a second. Is there any further discussion? (No response.) CHAIRMAN KELL Y: All those in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. ORTEGA: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Did you get that, Jean, the $200 a day, 60 days and the patched panel. MS. RAWSON: I got it. CHAIRMAN KELLY: All right, that concludes all of our hearings. Thank you, Mr. Mucha. Page 29 August 26, 2010 MR. MUCHA: Thank you. CHAIRMAN KELLY: Under new business, we have the item of a new task force that's being created. I was asked by the Collier County Licensing Department to possibly ask for a volunteer from this board to sit on a new CAB, Citizen Advisory Board. MS. WALDRON: No, CAB is a different thing. This is just a task force for the vehicle for hire. It's more of a forum, not an actual board. CHAIRMAN KELL Y: That would have been really funny, though, you know, if it's the limo for hire and the name of the board was the CAB. Anyways, so we need one person to help sit on that task force. MR. DOINO: I'll do it. CHAIRMAN KELLY: And it was specifically asked actually for somebody who is very familiar with that industry. And that was Mr. Marino, who happens to do that for a living. MR. DOINO: I do too. CHAIRMAN KELLY: Oh, do you as well? MR. LEFEBVRE: They both do. CHAIRMAN KELLY: I'm sorry . Well, in that case, it turns into a voting situation. So we have two nominations then? MR. KAUFMAN: Why don't we ask the two individuals who would like to serve first. CHAIRMAN KELLY: We have two of them. MR. MARINO: Yeah, I've been approached and volunteer to serve because I was chairman for the committee for the four years, so CHAIRMAN KELLY: Okay. MR. DOINO: I've been on the board, too. CHAIRMAN KELLY : You guys aren't making this easy. MR. KAUFMAN: Do you have any TV ads? Page 30 August 26, 2010 MR. DOINO: Anybody got a coin? MR. LEFEBVRE: How much money do you have to spend? MR. DEAN: Highest bidder? CHAIRMAN KELL Y: All right, one at a time, one at a time. It turns it into a situation where we like literally would have to vote, unless one of you guys step down and just granted the seat. MR. LA VINSKI: And possibly we can just give it to whoever's been on this board the longest as a seniority issue. CHAIRMAN KELLY: We could do that, or we could submit both names and let the person on the task force decide. MR. DEAN: Good idea. CHAIRMAN KELLY: Maybe they'll need two seats to be filled and then you both get to serve. Would you please forward the two names and let Mike know that this is who the board would then support. Is that good? All right, let's call it to a vote and make sure we're going to forward these two names. All in favor of forwarding both people, signify by saying aye. MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. ORTEGA: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Done. MR. LEFEBVRE: You might want to state the names. CHAIRMAN KELLY: Oh, I apologize. MR. DEAN: Go ahead, they'll fill it in. CHAIRMAN KELLY: Next on the agenda is the consent Page 31 August 26, 2010 agenda, and there were three items that were being forwarded to the county attorney's office for foreclosures. That would be the Zonia Lambert Trust, Naples Property Services, LLC, and Guadalupe Campbell. And then under reports, Section 8, we have an attorney, who was here just a second ago and stepped out, that's going to give us a report on the Palm Lake LLC, which I believe is that mobile home park that we heard last month. And here he comes. CHAIRMAN KELLY: Because we have the investigator here, let's get her sworn in so that she can participate. (Speaker was duly sworn.) CHAIRMAN KELLY: Since we had asked for a report, if you want to go ahead and let us know what's transpired, we'd appreciate it. MR. ERICKSON: Okay. Here's -- it's about been about a month since our last meeting. We have dealt with everything in a general sort of way. And let me explain what has taken place. It's my understanding that the immediate electrical problems were resolved. And I spoke with Ms. Sorrels yesterday, and apparently the code enforcement is satisfied that those are taken care of. And additionally, we have applied for and I spoke with the electrician, I believe it's Jack Nipper of Coastal Electric I believe is who he's with, has sought and obtained -- he went -- and this is the type of problem that we're obviously going to be running into. He applied for a permit to correct all the electrical problems in the park and came back having to get 13 permits; 13 separate permits to get this done. It is my understanding he did just yesterday or the day before obtain the 13 permits. And so he's working on the electrical. And again, I point that out because very clearly in my mind the Page 32 August 26, 2010 electrical is certainly the obligation of the park owner. We run into problems as we get into -- we also, as far as the litter in the park, we have been no -- we have notified the residents that we're cleaning up the litter and we are putting a dumpster out to collect the litter. And I believe we have until September 20th to get that corrected. And so my expectation is that that issue will be resolved by the September 20th. Again, that's clearly a park issue that does require cooperation with the residents, because a lot of the litter and abandoned items are on the residents' proper -- units and it belongs to them. But I think we should be able to work through that. I would like to point out to the board that coincidentally just about two weeks ago the State of Florida did their -- or I believe they come once or twice a year to inspect these parks. And I was kind of surprised that the inspector gave a bill of health to the park. Did have a few things such as -- you know, noted like four items: Debris behind unit 19, an old mattress at unit 12, an old couch at unit 57, beer cans at unit 57, and too much trash around the park. Those were the four items listed on this bill of health from I'll say a sister agency that inspects these parks. MR. KAUFMAN: So it wasn't a clean bill of health -- MR. ERICKSON: No it wasn't a-- MR. KAUFMAN: -- it was just a bill of health. MR. ERICKSON: Right, it's a bill of health, not a clean. But for this park, to walk away with this type -- with just these objections from the state, certainly it was satisfactory to us in that these things can be taken care of. And I point that out to note that obviously this is under the jurisdiction of the state health department and they are -- and they have routinely inspected it, and this is the type of things they found. MR. LEFEBVRE: Mr. Chairman, I'd like to inquire as to whether or not it's possible for this board to receive a copy of that. Page 33 August 26, 2010 MR. ERICKSON: I have no objection providing a copy of it to the board. MR. LEFEBVRE: Thank you. MR. ERICKSON: The items that we -- the park manager has also notified -- and this is where it gets to the more serious problems. I have engaged the services of Rick McCullough, a general contractor, to assist us on this, and he and I went out and inspected the park last Saturday. And in the meantime, the park manager had gone around and spoken to I believe just about everybody in the park. He was given a list of the specific obj ections from code enforcement as to each unit that has to be addressed. And at that park, I'll bet you it's 75 percent of the units have been added onto within the last 15, 20 years. And it appears -- someone told me, I don't know if it's true, but there's been no permit pulled at this park for anything since the 1970's. And if that is in fact true, that means that everything that's been done at this park by the various residents has been done without a permit and is probably no great surprise to any of us. But that is what we're dealing with. The owner, he does -- he's English speaking, but he does have a person in the park who's his coordinator who's Spanish speaking and English speaking, is his translator and works apparently quite well at this stage, and he is communicating with the park people. But that is something that we see that there's -- this is going to be a big problem. And this is what we're going to be addressing more definitively in the next month is that we've -- we've got a couple problems here. One is that a lot of the people that were told of these things, several people are moving out. And that is a concern I have is whether these people first of all have the money to make the repairs and do what needs to be done. Basically what's being asked of these people is -- most of these people have turned -- the most common violation appears to be Page 34 August 26, 2010 converting a Florida room into a den or an actual living space room. And that's what's happened in most of these. So most of these people are actually being asked to take away about a third of their living space. And that's obviously going to be very problematic but something that we recognize has to be dealt with. MR. L'ESPERANCE: Are these tenants or are these owners? MR. ERICKSON: I don't know the -- my understanding, and this is a rough estimate, my expectation is we're going to find that about 50 percent of people in the park own their unit and maybe fifty percent rent. But that's a very speculative number on my part. But that's how I understand it to be along those lines. MR. L'ESPERANCE: Those that are moving out, are they tenants or are they owners? MR. ERICKSON: I believe they're mostly tenants. MR. ORTEGA: But there is an owner somewhere. MR. ERICKSON: We're talking -- you know what? Some of these things, there's -- some of these, apparently that's what the other issue which comes up September 20th also, is there's -- I believe there's about five RV's in the park that don't have licenses. Most of those nobody even knows who would apply for a license. These are RV's that people left at some point and vacated and just left the RV's behind is my understanding. MR. L'ESPERANCE: So your client is now the de facto owner of these particular units? MR. ERICKSON: De facto, but not legal. That's one of the issues that I've dealt with in the past as a lawyer is getting titles in these things. And every time I deal with it, I find it a very cumbersome process. And that's what we're going to be looking at next. MR. L'ESPERANCE: Is he renting these properties to tenants then? MR. ERICKSON: I'm not sure -- I don't know ifhe's just renting Page 35 August 26, 2010 the lot rents, I'm not sure what the status is on that, who's renting what on that. I don't really have -- I haven't looked into that. But the other thing to keep in mind is that in all likelihood, you know, if this park were to shut down, probably less than five percent of the trailers would be moved out of the park. These are the type of things that cannot be moved. They've been there so long. I know, I was involved in the Greystone Park, and almost no trai -- that park was in much better shape than this park, and there was almost no trailers moved out of that park, because these things just simply can't be -- it simply can't be done. What I believe we are going to be doing, there are about, what I observed, about four or five trailers in the park, mobile homes, trailers, that are severely damaged, nobody living in them, and appear to be beyond repair. My suggestion is that those are the first ones we're going to address to try to get those cleared out. The park did -- I mean, when you walk around the park, it's a standard mobile home park. There's a -- Saturday afternoon there was a birthday party for kids going on in the park. I mean, if you would walk around, it looks like a typical neighborhood park, people coming and going. And so, I mean, there are people -- you know, definitely it's their home and has to be -- this has to be dealt with. So what we're looking at now is we are addressing it, each issue as they come up and as we're going along. My question of request to the board is that obviously it appears to me, as I was getting ready for this hearing and looking at it, I noticed that we've got several deadlines coming up September 20th, and then additional deadlines October 20th. And the board made it clear that they'd be receptive to requests for extensions of fines upon a proper showing. My expectation is I'm going to be coming before this board as these deadlines approach and giving a report similar to this report as to what's being done and to show that things are being done. And-- CHAIRMAN KELLY: If I may, may I stop you for just a Page 36 August 26, 2010 moment? MR. ERICKSON: Yes. CHAIRMAN KELL Y: The ones that are coming up here on the 20th of September, that's three days prior to our next meeting. So rather than going into violation, if we want to maybe look at those right now while we have the board here, if your GC wants to speak to the time frames that are needed, maybe we'll entertain an extension right now today so that you don't expire that time. It's easier to do it before than it is after. MR. ERICKSON: Okay. Well, the ones that the GC would be involved -- I think the ones that we have for September 20th is the tags. MR. KAUFMAN: Vehicles. MR. ERICKSON: Vehicle tags, which are -- the GC would not be involved with, and the litter. And that's really -- I believe those are the two -- let's see if we have a -- CHAIRMAN KELLY: Unfortunately I don't have a copy of the original order. MS. WALDRON: And Mr. Chair -- MR. ERICKSON: And the electrical. We have the electrical, the litter and the tags are the three that are coming up September 20th. MS. WALDRON: The way that we've done this in the past, it's okay if it's three days over their time frame, you can still give them that extension, you still have the authority to do that. And then we will have all the paperwork ready for you in front of you so you can look at it for the cases that they are requesting additional time for. Because they were multiple cases on this. CHAIRMAN KELLY: Excellent. MR. LEFEBVRE: I just would be very apprehensive at looking at extending it prior to the date, especially three plus weeks. This case, we did spend a lot of time on it and gave very careful thought on time frames, and definitely want to see some progress on the issues. Page 37 August 26, 2010 That's why we gave him 60 days, is to make sure that they do get this corrected. So we want to impress upon him that it is of extreme importance to get this corrected. MR. ORTEGA: I thought -- I could be wrong, but I thought we were giving an opportunity to come back to us and say well here's what we're doing, how much time we're going to need. CHAIRMAN KELLY: In a sense that's why I was asking. But Gerald, you make a very good point, we want to continue to keep the pressure on. We appreciate you being here, we appreciate the effort thus far and the fact that the 13 permits have been pulled. But when you mention birthday party, normal park, everybody coming and going and still having electrical problems that exist, that's what I believe's making the board a little nervous. MR. ERICKSON: I understand. CHAIRMAN KELLY: So you heard the comments. MR. ERICKSON: And I agree with Mr. Lefebvre, that's why I think it's appropriate to -- because we will make more progress by September, and so -- and obviously need to make more progress by September. And I don't know where that -- we just obtained the electrical permits yesterday, so I'm hopeful that the electrical will no longer be an issue. I'm hopeful that most of the stuff other -- I know the tags on the RV's are going to be an issue unresolved. And I'm not sure where we're going to be, but I don't mind having a deadline as of September 20th to have a have a finite plan as to that at this point. And at that time we will also have a better idea of where we're at with the unpermitted structures. CHAIRMAN KELLY: Investigator Sorrels, would you like to schedule a meeting prior to our next board meeting? It doesn't necessarily have to be with any representative, just maybe just a walk-through so you can give us an idea of the progress as well? Page 38 August 26, 2010 MS. SORRELS: Absolutely. CHAIRMAN KELL Y: Okay, great. Because I feel as though we may be asked for an extension of time. We want to see -- you know, we want something to gauge that by to see how much time is fair. MS. SORRELS: Okay, not a problem. CHAIRMAN KELLY: Sound good? MR. ERICKSON: Yeah, that's what I -- that's what I'm anticipating. That's what -- you know, my view on this in analyzing this situation is that closing down parks, you know, the statute requires if a park owner wants to close down the park, he has to provide the residents 60 days no -- or six months notice. The Florida legislature is very clear that, you know, mobile homes and these type of things have to be moved, you know, more gradually than just your typical landlord/tenant situation. And that's what I understand we're dealing with. And I understand that this is going to -- that this has to be dealt with by the owner. I don't know if we're going to be asking for assistance or some leeway or what leeway we're going to be asking for. I'm not prepared to ask for that yet. At some point I will be, and it mayor may not be granted. But at this time I'm taking them step-by-step with these deadlines, and I think the deadlines remain appropriate and we certainly can continue living by them at this point. CHAIRMAN KELLY: Excellent. Any questions from the board? MR. DEAN: Let me make one quick comment. I understand what you're saying about six months, Florida statute and all that. But my concern as a board member is I don't like the electrical problem you had. There's a post there, if I remember from the last meeting, and you had exposed wires, and then you're telling me about a kid's birthday party. I don't care about the six months, I Page 39 August 26, 2010 care about that getting fixed. And that to me is a big issue. MR. ERICKSON: I understand. And that's why again I had no objection to the seven-day limitation on correcting the initial electrical problem. That obviously needed to be done. And hopefully when I come back here on the -- just after the 20th, the electrical will be all done. MS. SORRELS: Mr. Kelly, if I may? CHAIRMAN KELLY: Sure. MS. SORRELS: Just to reiterate what Mr. Erickson has already explained to you, just so I can confirm, I had made a site visit on 7/30 of 2010 and I did verify that the four immediate safety hazards concerning the electrical had been abated. The covers had been replaced on the disconnect switches that were exposed. The other two locations, one on the south side by the fence, they had actually taken the electrical, cut it off, capped it off properly and that way it's not exposed to anybody. And then the other one that's on the entrance on the left-hand side, it was kind of the same thing, wires were up out of the ground, no con -- it wasn't in the conduit, and those have been removed properly, capped off to where it would be no safety hazard to anyone. I also have spoken with Mr. Nipper with Coastal Electric. He did obtain his 13 permits to replace the plywood, the PVC and the four-by-fours on August 24,2010. I have also -- in that conversation with Mr. Nipper, him and I agreed that once he had the permits issued, him and myself would meet on the property and make sure that we walked the property together to make sure all the electrical issues were addressed. MR. DEAN: Thank you. MS. SORRELS: You're welcome. MR. LEFEBVRE: Just a comment. You mentioned that you have to give six months notice for people to vacate the mobile home park if it was to be closed down. Page 40 August 26, 2010 From last month, if I remember, there was no mention -- or I think I asked that question, does he intend to keep the use of the mobile home park, and that was a definite yes. MR. ERICKSON: I've spoken with him, and I think he's in the process of trying to sell the property. He sees this as a -- I mean, this is going to be -- we don't know whether this park can be brought up to code. MR. LEFEBVRE: Because that's not what -- I mean, if I remember, and correct me if I'm wrong, but the -- you were pretty adamant that no, he wants to keep this operational. MR. ERICKSON: Well, at this point he wants to keep it operational. Again, I think I was clear that I had not had extensive discussions with him at all as to what he wanted to do at that time. I've discussed more. But my understanding is he recognizes he's got a serious problem here that has to be dealt with, and he's got a mortgage on the property that has to be paid. So I mean, it's a difficult situation. But it obviously has to be addressed. Whether it's been left alone for too long, 15 years, whatever, there comes a time when it has to be addressed, and that is obviously now. CHAIRMAN KELL Y: Any further questions? (No response.) CHAIRMAN KELL Y: Thank you for your time. Appreciate your report. See you next month. MR. ERICKSON: All right, thank you. MS. SORRELS: Thank you, gentlemen. CHAIRMAN KELLY: Thanks. And if he was able to provide that copy of the Florida State report, if you could get that and just put it in with our packet next month. MR. ERICKSON: You want me to -- how do I get that copy to you? CHAIRMAN KELLY: Anything you submit now would Page 41 August 26, 2010 become evidence and you wouldn't retain a copy of it. So if you want to -- MR. ERICKSON: Okay. I'll just send it to the code enforcement. CHAIRMAN KELLY: Great. MS. WALDRON: She'll get it. CHAIRMAN KELLY: Okay, great. Our next meeting is September 23rd, if there's no further discussion. MS. FLAGG: There is. Under --let me just give you a quick report. The code enforcement foreclosures teams through this past Sunday, August 22nd. The costs that have been paid by the banks to abate code violations is now at $1.7 million that the banks have expended. And they have abated 1,318 code cases. The Blight Prevention Program just last week saved the county $14,800. So they're averaging between 10 to 20,000 every week that the foreclosure team is saving the county by not having to abate these code violations. In addition, the economic -- back in March of this year, the Collier County foreclosure task force made a recommendation to the Board of County Commissioners -- made three recommendations. One of the three was to develop an economic recovery task force. What we realized as the foreclosure task force is that the first wave of the foreclosures that we were dealing with in Collier County were folks that perhaps overextended themselves, loans were coming due, they were secondary, you know, they had a primary but they were investors, et cetera. Now what we're seeing in terms of foreclosures is folks are losing their homes because they lost their job. The root cause of the foreclosures is job loss. So we as a community need to work together to identify what it's Page 42 August 26, 2010 going to take to create jobs. So we've pulled together members of lots of different agencies, the county's economic development individual, the EDC members of the foreclosure task force, lots of different members of the community, to come together to form an economic recovery task force. There are multiple SW AT teams that have been identified for the task force. One is outgoing media messaging, and that -- the Chamber's working on that, along with the tourist development folks. So we have -- we've pulled lots of different agencies together. They're working -- they're going to be working on a video to go out to businesses nationally and internationally to talk about the successes that are occurring in Collier County. We've also developed a business identification SWAT team, and it's being broken down into subcommittees. One as job search initiative where we have an individual who is training people on how to transition to other jobs. A finance grant subcommittee, a business climate survey subcommittee, a cycling tour subcommittee, where they're going to be putting a cycling tour together and then marketing it to national and international companies to come to Naples for cycling. There's also a budget acceleration SWAT team, training for job SWAT team and a commercial retrofitting SWAT team. And actually that SW AT team has had -- because we were looking for quick successes, that SWAT team, led by Brad Schiffer, who's on the Planning Commission, he and his SWAT team have put together and, looked at the process for getting permits. As a result, there is a company that's going to come in and create between 100 and 120 new jobs. And the goal for the whole permitting process is to get them out in 15 business days. And they're making quite a bit of progress on that. So the way it worked it is the way it's supposed to work. The architect brought it to the business, to this SWAT team, the Page 43 August 26, 2010 commercial retrofitting SWAT team and say, hey, I've just been contacted, we have a project. And so the SWAT team got together, talked about it, and then they were assigned an individual to walk it through the permitting process. So it's a task force that is really focused on addressing the root cause of what we're facing in Collier County, which is job loss. Because as a result of job loss is the -- the end result is foreclosures. The bad news is we're approaching 20,000 foreclosures since January of2008. We -- and if you're interested, I can have Jen fax you or e-mail you the most recent chart. Because we track that. We track the number of foreclosures that have been filed and we graft it out. And we're not seeing -- until we get jobs in Collier County, the foreclosures are going to continue. So we know that we have to address the job issue so that we can stop the foreclosure issue. That's it. CHAIRMAN KELLY: Do you have any questions of Diane? MR. DEAN: Very nice. CHAIRMAN KELLY : Very good. MR. ORTEGA: If I start now, it will never end. CHAIRMAN KELLY: That's awesome, it really is. Do you have any more information on that task force? Do we talk to Tammie at the EDC or -- MS. FLAGG: No, I can give you the information. The EDC is a very important partner, but we have multiple partners with the task force. And it's going in a lot of different areas. So any information that you need, we have the SWAT team listing and the chairs of each of the SWAT teams and what their particular mission is. And then we meet globally. All the SWAT teams and members come together and we meet once a month to go over progress. And we've had I believe two global meetings and a lot of progress has been made just in the two meetings, two months. CHAIRMAN KELLY: Excellent. Page 44 August 26, 2010 All right, if there's any other comments -- MR. DEAN: Motion to adjourn. CHAIRMAN KELLY: Motion to adjourn. MS. WALDRON: I have one thing. The September 23rd meeting will be at the growth management planning and regulation, which is 2800 North Horseshoe Drive, in conference room 609-610. MR. L'ESPERANCE: You sign these? MR. DEAN: I have a motion. MS. WALDRON: If anyone has their -- MR. LA VINSKI: Second. CHAIRMAN KELLY: All in favor? MR. LEFEBVRE: Aye. MR. DEAN: Aye. CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. ORTEGA: Aye. MR. LA VINSKI: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Opposed? (No response.) ***** Page 45 August 26, 2010 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:12 a.m. CODE ENFORCEMENT BOARD KEN KELL Y, 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 46