Loading...
CEB Minutes 05/26/2011 R May 26, 2011 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida May 26, 2011 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 Robert Kaufman Gerald Lefebvre James Lavinski Lionel L'Esperance Tony Marino Ronald Doino Larry Dean (excused) ALSO PRESENT: Jean Rawson, Attorney for the Board Diane Flagg, Code Enforcement Director Jennifer Baker, Code Enforcement Specialist Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA AGENDA Date: May 26, 2011 at 9:00 a.m. Location: 3299 Tamiami Trail East, Naples, FL 34104 NOTICE: THE RESPONDENT MAY BE LIMITED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISIDNG 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 TIDS 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, WIDCH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON wmCH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING TIDS RECORD. 1. ROLL CALL Kenneth Kelly, Chair Robert Kaufman, Vice Chair Gerald Lefebvre James Lavinski Larry Dean Lionel L' Esperance Tony Marino Ronald Doino, Alternate 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - A. April 28, 2011 Hearing 4. PUBLIC HEARlNGS/MOTIONS A. MOTIONS Motion for Extension of Time 1. Kenneth J. Blocker 2. Richard Mercer, Jeffrey & Amy Mercer CESD20100006112 CESD20090000870 B. STIPULATIONS c. HEARINGS 1. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 4. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CESD20110003690 J&C FRANCOIS FMLY LTF PRTNRSHP INVESTIGATOR CARMELO GOMEZ COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 10.02.13(F) ANNUAL MONITORING REPORT HAS NOT BEEN TURNED IN 36319960009 5349 GOLDEN GATE PKWY NAPLES, FL CESD20110000244 QUAIL PLAZA PROPERTY OWNERS ASSOCIATION, INC. INVESTIGATOR JONATHON MUSSE COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02. 13(F) ANNUAL MONITORING REPORT HAS NOT BEEN TURNED IN 68815016001 272 V ALEWOOD DR. NAPLES, FL CESD20100021908 WILLIAM J. FOTRE SR. TR., ITF SUZANNE M. FOTRE TR 4/11 INVESTIGATOR AZURE BOTTS COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 1O.02.06(B)(I)(a) AND FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, SECTION 105.1 ALTERATIONS/ADDITIONS MADE TO EXISTING PERMITTED STRUCTURE TO CONSIST OF BUT NOT LIMITED TO; CONCRETE STAIRS ON THE REAR OF THE GARAGE, GARAGE DOOR REMOVED AND ENCLOSED, SECOND FLOOR OF GARAGE ALTERED WITH INTERIOR WALLS AND EXTERIOR DOOR WITHOUT FIRST OBTAINING ALL REQUIRED BUILDING PERMITS 29830760009 2948 ORANGE STREET NAPLES, FL CEPM20100020593 WILLIAM J. FOTRE SR. TR., ITF SUZANNE M. FOTRE TR 4/11 INVESTIGATOR AZURE BOTTS COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI, SECTIONS 22-231(12)(b), 22-231(12)(m), 22-231(12)(c), 22-231(12)(i), 22-231(12)(p), 22-231(12)(r), 22-231(19), 22-242(f) PROPERTY MAINTENANCE VIOLATIONS CONSISTING OF BUT NOT LIMITED TO: EXTERIOR SURFACES ARE NOT PROTECTED FROM THE ELEMENTS OF WEATHER AND ARE ROTTING IN AREAS, APPEARS TO BE AN INFESTATION OF INSECTS WHICH IS EATING AWAY THE WOOD AROUND THE FRONT DOOR AND FRONT WINDOWS, SEVERAL WINDOWS AND AREAS OF ROOF ARE IN NEED OF REPAIR, SHINGLES ARE MISSING, GUTTERS ARE BROKEN AND HANGING DOWN, AND SEVERAL WINDOWS ARE BOARDED ON AN OCCUPIED STRUCTURE 29830760009 2948 ORANGE STREET NAPLES, FL 5. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 6. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 7. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 8. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CESD20100018711 JULIO IGLESIAS INVESTIGATOR TONY ASARO FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1, SECTION 111.1, COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02.06(B)(I)(a) AND SECTION 1O.02.06(B)(I)(e)(i) SEVERAL UNPERMITTED STRUCTURES ON THE PROPERTY; 1. SWIMMING POOL WITH DECK THAT IS COVERED BY A SCREEN ENCLOSURE NO PERMITS FOR ALL OF IT. 2. CHICKIE HUT WITH ATTACHED SHED WITH A BATHROOM UNPERMITTED. 3. 3 UNPERMITTED SMALL SHEDS 2 ON THE SOUTH SIDE OF THE PROPERTY 1 ON THE EAST SIDE OF THE PROPERTY. 4. TREE HOUSE WITH ELECTRICITY UNPERMITTED. ALL STRUCTURES ON THE PROPERTY BESIDES THE PRINCIPAL STRUCTURE DO NOT HA VE PERMITS 00097840008 985 HONEYBEE DR. NAPLES, FL CESD20100018717 JULIO IGLESIAS INVESTIGATOR TONY ASARO FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1, COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 1O.02.06(B)(1)(a) AND SECTION 10.02.06(B)(I)(e)(i) BOTTOM FLOOR OF THE STILT HOME. NEW ROOMS WERE ADDED AND NEW WALL AND DOORS. ELECTRICAL WORK DONE WITHOUT COLLIER COUNTY BUILDING PERMITS. 00097840008 985 HONEYBEE DR. NAPLES, FL CENA20100018724 JULIO IGLESIAS INVESTIGATOR TONY ASARO COLLIER COUNTY CODE OF LAWS, CHAPTER 54 ENVIROMENTAL, ARTICLE VI, SECTION 54-181 LITTER CONSISTING OF BUT NOT LIMITED TO; BUCKETS, CONSTRUCTION DEBRIS, OIL CONTAINERS, ETC. 00097840008 985 HONEYBEE DR. NAPLES, FL CESD20090014178 BIG CYPRESS VENTURES, INC. INVESTIGATOR JAMES SEABASTY PERMIT APPLICATION. WHEN REQUIRED. FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER 1 PERMITS, SECTION 105.1 BUILDING AND LAND ALTERATION PERMITS COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02.06(B)(I)(a) SEVERAL ADDITIONS AND AL TERA TIONS BEING MADE WITHOUT A PROPER PERMIT BEING ISSUED AND/ OR POSTED. SEVERAL STRUCTURES AND/ OR ADDlTIONS/ ALTERATIONS ERECTED INCLUDING BUT NOT LIMITED TO; ELECTRIC, PLUMBING WITHOUT FIRST OBTAINING THE REQUIRED COLLIER COUNTY PERMITS. 1158000003 18400 BURNS ROAD OCHOPEE, FL 9. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 10. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 11. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 12. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CESD20100022071 DV PROPERTY INVESTMENT, LLC. INVESTIGATOR AZURE BOTTS 04-41, AS AMENDED LAND DEVELOPMENT CODE, SECTIONS 1O.02.06(B)(I)(a), FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1 ADDITIONS/ALTERATIONS MADE TO THE RESIDENCE WITHOUT FIRST OBTAINING ALL REQUIRED COLLIER COUNTY BUILDING PERMITS. 71630280009 3 KINGS RD. NAPLES, FL CESD20100009548 NEWBERRY TR, RICHARD E COMALEX DEFINE BENEFIT PENSION PLAN TRUST INVESTIGATOR AZURE BOTTS 04-41, AS AMENDED, LAND DEVELOPMENT CODE, SECTIONS 10.02.06(B)(I)(a), 1O.02.06(B)(I)(e), FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1 ALTERATIONS/REPAIRS HAVE BEEN CONDUCTED TO STRUCTURAL, ELECTRICAL, AND PLUMBING IN UNITS A AND B CONSISTING OF BUT NOT LIMITED TO; DRYWALL REMOVEDIREPLACED, SINKS REPLACED, AND OUTSIDE STAIRS REPLACED. WORK WAS STARTED AND CONDUCTED BEFORE OBTAINING ALL REQUIRED COLLIER COUNTY BUILDING PERMITS. 52600440005 3230 THOMASSON DRIVE NAPLES, FL CESD20100010084 MARIA B. GRANADOS INVESTIGATOR TONY ASARO COLLIER COUNTY LAND DEVELOPMENT CODE, ORDINANCE 04-41, AS AMENDED, SECTION 10.02.06(B)(I)(a) GARAGE CONVERTED TO A LIVING SPACE WITHOUT COLLIER COUNTY BUILDING PERMIT(S) 39592680006 4270 8TH ST. NE NAPLES, FL CEV20100018622 KRISTA L. MARCIAL IRIZARRY & JOHN IRIZARRY INVESTIGATOR PATRICK BALDWIN COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 2.01.00(A) MANY UNLICENSED AND INOPERABLE VEHICLES AND TRAILERS ON THE ESTATES ZONED PROPERTY, BLACK MUSTANG, 2 VOLKS BEETLES, VANS, COMMERCIAL TRAILERS AND MORE. 39210380002 105 16TH ST. SE NAPLES, FL 13. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 5. OLD BUSINESS CESD20100021657 FIFTH THIRD MORTGAGE CO. INVESTIGATOR AZURE BOTTS COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE II, FLORIDA BUILDING CODE, ADOPTION AND AMENDMENT OF THE FLORIDA BUILDING CODE, SECTION 22-26(b) (104.5.1.4.4); FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1; 04-41, AS AMENDED, COLLIER COUNTY LAND DEVELOPMENT CODE, SECTIONS 1O.02.06(B)(I)(a) PERMIT 2009100320 EXPIRED AND HAS BEEN CANCELLED LEAVING ADDITIONS/ALTERATIONS ON RESIDENCE UN-PERMITTED AND INCOMPLETE. 74412600008 3420 CALOOSA STREET NAPLES, FL A. Motion for Imposition of Fines/Liens 1. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CEPM20100010050 PHILIP R. BRADLEY IV & NANCY F. BRADLEY INVESTIGATOR MICHAELLE CROWLEY COLLIER COUNTY CODE OF LAWS, CHAPTER 22, BUILDING AND BUILDING REGULATIONS ARTICE VI, SECTION 22-231, SUBSECTION 15 POOL WATER UNMAINTAINED AND DARK IN COLOR 63102120003 4945 BARCELONA CIRCLE NAPLES, FL CEPM20110003398 MELISSA K. & JOSEPH L. BARRS INVESTIGATOR JOSEPH MUCHA COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22-23(2) OCCUPIED STRUCTURE THAT HAD WATER DISCONNECTED BY CITY OF NAPLES UTILITIES DUE TO NON-PAYMENT OF BILL. 26580720004 3815 ESTEY AVENUE NAPLES, FL CESD20100006494 AUDUBON CENTER OF NAPLES, LLC. INVESTIGATOR DELICIA PULSE COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTIONS 1O.02.06(B)( 1 )(a), 1O.02.06(B)(I)( e), AND 1 0.02.06(B)( 1)( e )(i) INTERIOR DOOR THAT WAS INSTALLED THAT REQUIRED BREAKING DOWN THAT PORTION OF THE FIREWALL TO CREATE AN OPENING TO COMBINE UNIT 110 AND 111, WITHOUT FIRST OBTAINING PROPER COLLIER COUNTY PERMITS. 22493000129 15495 TAMIAMI TRAIL N. UNIT 111 NAPLES, FL 4. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 5. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 6. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 7. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CESD20100005001 CARLOS & DIANA O. DELEON INVESTIGATOR JAMES KINCAID FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1 AND SECTION 110.1 AND ORDINANCE 04-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, SECTION 1O.02.06(B)(I)(a) PERMIT # 2000010167 FOR THE ADDITION OF A GARAGE AND FLORIDA ROOM HAS EXPIRED. 62310440000 5210 JENNINGS STREET NAPLES, FL CESD20100008859 JAMES A. & JULIA M. ASKEY INVESTIGATOR TONY ASARO THE COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 1O.02.06(B)(I)(a) MOBILE HOME ON THE PROPERTY WITHOUT COLLIER COUNTY PERMITS 101040008 7920 FRIENDSHIP LANE NAPLES, FL CESD20090018083 MARIO & ROSALBA CHAVEZ INVESTIGATOR JAMES KINCAID FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1, BUILDING AND LAND ALTERATION PERMITS AND ORDINANCE 04-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, SECTION 1O.02.06(B)(I)(a) UNPERMITTED STRUCTURES BUILTIN THE REAR YARD OF RESIDENTIAL PROPERTY. 62043160000 5305 CONFEDERATE DRIVE NAPLES, FL CESD20090019403 SENEN LUGO INVESTIGATOR PATRICK BALDWIN COLLIER COUNTY CODE OF LAWS, CHAPTER 22, ARTICLE II, SECTION 22- 26(b)(104.1.3.5), FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, SECTION 111.1, BUILDING AND LAND ALTERATION PERMITS, AND ORDINANCE 04-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, SECTION 10.02.06(B)(1)(a) UNPERMITTED IMPROVEMENTS TO MASTER BEDROOM AND BATHROOM PRIOR TO OBTAINING COLLIER COUNTY APPROVAL, NECESSARY INSPECTIONS AND CERTIFICATE OF COMPLETION. FENCE WITH EXPIRED COLLIER COUNTY BUILDING PERMIT. 40475200000 4287 12TH AVE N.E. NAPLES, FL FOLIO NO: VIOLATION ADDRESS: CESD20100006466 LISA RENEE PRINCE INVESTIGATOR PATRICK BALDWIN FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1 AND ORDINANCE 04-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, SECTION 1O.02.06(B)(I)(a) AND SECTION 1O.02.06(B)(I)(e)(i) ENCLOSED GARAGE AND ADDED MORE LIVING SPACE TO THE PRINCIPAL STRUCTURE. 41230040006 8. CASE NO: OWNER: OFFICER: VIOLATIONS: 4105 20TH AVE S.E. 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 9. COMMENTS 10. NEXT MEETING DATE - June 23, 2011 11. ADJOURN May 26,2011 CHAIRMAN KELLY: Good morning. I'd like to call the Code Enforcement Board of Collier County for May 26,2011, to order. Notice: The respondent may be limited to 20 minutes for case presentation unless additional time is granted by the board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the chair. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. May I have roll call. MS. BAKER: Mr. Ken Kelly? CHAIRMAN KELLY: Here. MS. BAKER: Mr. Robert Kaufman? MR. KAUFMAN: Here. MS. BAKER: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MS. BAKER: Mr. Tony Marino? MR. MARINO: Here. MS. BAKER: Mr. James Lavinski? MR. LA VINSKI: Here. MS. BAKER: Mr. Lionel L'Esperance? MR. L'ESPERANCE: Here. MS. BAKER: Mr. Ron Doino? MR. DOINO: Here. MS. BAKER: Mr. Larry Dean has an excused absence for today. CHAIRMAN KELLY: Due to the absence, Ron, our alternate, Page 2 May 26,2011 will be a full voting member. And in reference to Mr. Dean's absence, I just want to let everyone know that Mr. Dean's wife passed away rather suddenly, and he's not here today, obviously, but I just wanted him to know that our thoughts and prayers are with him and his family. Moving on to the agenda. Are there any changes for today? MS. BAKER: Yes, sir. Under A -- under No.4, public hearings, motions, Letter A, motions, we have a motion for continuance that we would like to add. This will be Big Cypress Ventures, Inc., Case CESD20090014178. Under Letter B, stipulations, we have three stipulations. The first one will be No.3 from hearings. William J. Fotre, Sr., Trust, ITF Suzanne M. Fotre Trust, Case CESD20100021908. The second will be No.4 from hearings, William J. Fotre, Sr., Trust, ITF Suzanne M. Fotre Trust, Case CEPM20100020593. The third will be No. 11 from hearings, Maria B. Granados, Case CESD20 1 000 1 0084. Under Letter C, hearings, No.2, case CESD20110000244, Quail Plaza Property Owners Association, Inc., has been withdrawn. Number 9, Case CESD20100022071, DV Property Investment, LLC, has been withdrawn, and No. 10, CESD20 1 00009548, Newberry Trust, Richard E. Comalex, Defined Benefit Pension Plan Trust has been withdrawn. And that is all the changes I have. CHAIRMAN KELLY: Okay. With that, do I hear a motion to accept the agenda? MR. KAUFMAN: Motion to accept agenda as modified. MR. LEFEBVRE: Second. CHAIRMAN KELLY: Motion and a second. All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. Page 3 May 26,2011 MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: And it carries unanimously. Moving on to the approval of the minutes from the last meeting, April 28, 2011, are there any changes or questions? (No response.) CHAIRMAN KELLY: Seeing none, I'll accept a motion to approve. MR. KAUFMAN: Motion to approve. MR. LEFEBVRE: Second. CHAIRMAN KELLY: Motion and a second. Any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: And it carries unanimously. N ow moving on to public hearings and motions. Motions, Letter A; motions for extension of time. Page 4 May 26, 2011 Case No.1 is going to be Kenneth J. Blocker CESD20100006112. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KELLY: Good morning. MR. FREEMAN: Good morning. CHAIRMAN KELLY: Typically, since you would be the one requesting the extension of time, if you can just tell us in plain language what's going on, what's the reason behind the request, and what we can do to help. MR. FREEMAN: Okay. We finally got the plans submitted and the SIP submitted to the county, and -- CHAIRMAN KELLY: Sorry. I forgot to ask you to state your name for the record. MR. FREEMAN: Okay. My name is Ernest Freeman, Freeman and Freeman Construction. I'm representing Mr. Blocker. I have an authorization document to represent Mr. Blocker. Who do I need to give it to? CHAIRMAN KELLY: Excellent. If you -- Jen will take it, and we'll just add it to the permanent record. Is that a copy? MR. FREEMAN: Yes. CHAIRMAN KELLY: Okay, good, because it will become part of the record. MR. FREEMAN: Okay. CHAIRMAN KELLY: I'm sorry. Please continue. MR. FREEMAN: Not a problem. Like I was saying, we've got all the documents and everything into the county, and we just need an extension of time. We're going to request 120, if that will be okay, just so the county -- I got enough time between getting the permit approved and the SIP as well. CHAIRMAN KELLY: Excellent. Is there any objection from the county? MR. SNOW: We have no objection of any time that would Page 5 May 26, 2011 extend to this respondent. CHAIRMAN KELLY: Any questions from the Board? MR. KAUFMAN: On the letter, it says that the county won't accept the drawings -- well; actually it says "want except the drawings." That's probably a typo. MR. FREEMAN: Yeah. My typing isn't that good sometimes. MR. KAUFMAN: You type with your thumbs? Is that still the case or -- ? MR. FREEMAN: No. Everything has been submitted. We have the SIP. And some issues just came up with the SIP. The engineer had coordinated some things with the fire department and different things to get this SIP approved that I had no knowledge of because I -- you know, of course, I don't do SIPs. And it was one of those things that -- she had to gather all the information. And I'm pretty sure you guys are aware that our fire department is having some problems in Immokalee as well. So there's some things about getting that together, but we've gotten it all submitted. And Mike Levy over there with the county has already submitted -- I have a copy of that documentation if you'd like. CHAIRMAN KELLY: Does anyone want to enter that or see it? (No response.) CHAIRMAN KELLY: No need. MR. FREEMAN: Okay. MR. LEFEBVRE: Make a motion to extend 120 days. MR. KAUFMAN: Second. CHAIRMAN KELLY: Motion and a second. Any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. Page 6 May 26,2011 CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. MR. MARINO: Any opposed? (No response.) CHAIRMAN KELLY: And it carries unanimously. Very good. Thanks for coming. MR. FREEMAN: Thank you. MR. SNOW: We thank the board. CHAIRMAN KELLY: Thank you. Okay; moving on to the next case. Motion for extension of time. Number 2, Richard Mercer, Jeffrey and Amy Mercer. I hope I said your last name right. MR. MERCER: Mercer. CHAIRMAN KELLY: Mercer. I apologize. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KELLY: All right. Again, since you're the one that's requesting the extension, if you can tell us what we can do to help or what's going on. MR. MERCER: My name is Richard Mercer. We're requesting 30 days extension for a building permit by affidavit and CO by affidavi t. We were previously granted another extension for time to do the construction, which the construction is finished. All the improvements are done. They've been certified by our engineer, the inspections have been certified, and the CO affidavit is all prepared. We have all those documents prepared. Two weeks ago we attempted to submit them to the Building Department for final approval of the CO. It was rejected because there was a fairly large amount of fees that they were requiring to be paid which didn't seem right. Page 7 May 26, 2011 So it took us a while to get to the bottom of why they were requesting inspection fees, and finally yesterday we got word that that was an error, that we did not have to pay those inspection fees. So it's -- the plans are ready to go back in for the final CO. We've got the affidavits all prepared. It takes five days, I'm told, for them to go through that permit process. I'm just asking for 30 days in case there's a hiccup in that process. But we're ready to go. Construction's been finished. CHAIRMAN KELLY: Okay. Investigator, any issues with that? MR. MUCHA: No, sir. CHAIRMAN KELLY: Great. Any questions from the Board? MR. KAUFMAN: Motion to extend the date on this for 30 days. MR. MARINO: I'll second it. CHAIRMAN KELLY: Motion and second. Any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Very good. And Wanda, she is awesome. MR. MERCER: Yes, she is. Thank you. CHAIRMAN KELLY: Thank you. All right. The last -- oh, I'm sorry. Motion for continuance. Number 1, Big Cypress Ventures, Incorporated, CESD20090014178. Page 8 May 26,2011 Good morning. MS. GOLETTI: Good morning. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KELLY: Good morning. Can I have you state your name and -- MS. GOLETTI: Sure. CHAIRMAN KELLY: -- relation to Big Cypress. MS. GOLETTI: No problem. My name is Yolanda Goletti (phonetic). I am the representative for John McGee, president of Big Cypress National -- or Big Cypress Ventures, Inc. I'm here to represent them and request an extension for a very lengthy problem that we have there. CHAIRMAN KELLY: Okay. Just for the record, if you wouldn't mind stating just quite simply that you're here on his behalf and that he has given you permission to speak for him. MS. GOLETTI: Correct. He has. I have submitted a certified-- or excuse me -- an authorized letter, notarized, stating that I'm able to speak on his behalf. CHAIRMAN KELLY: Okay, great. And did you want to talk a little bit about the process and how much time you think you'll need? MS. GOLETTI: Originally -- okay. This is a very funny case because of the location of the property. It's located in the Big Cypress, so we have a -- Collier County and the Feds and the National Preserve all involved in it. So originally we had requested two months or 60 days, but the amount has -- if it's okay with everybody, I would like to extend that to 120 days to give us some time to process all the paperwork that's required for the Building Department. It's a very old structure. It's been there over 30 years, so it's taken a little bit longer than what we expected. CHAIRMAN KELLY: Okay. Any objections from the county? MR. SEABASTY: No, sir. Page 9 May 26,2011 CHAIRMAN KELLY: Any questions from the Board? MR. KAUFMAN: Yeah. I see this goes back to September 3rd of'09. MS. GOLETTI: Yes, that's correct. MR. KAUFMAN: About 20 months ago. What's been done since then to now? MS. GOLETTI: There's been numerous meetings between ourselves and the Big Cypress National Preserve, and unfortunately what their requirements are for the properties out there and the Collier County requirements for the code don't coincide. So it's taken a long time to get together with all the different departments in the sense of structural, zoning, the Big Cypress, to come to an agreement of what everybody would want. And it -- literally it has taken this long. We just had a meeting, a final meeting, which depicted what we need to do to keep everybody happy, which was back in March of 2011. That's why we're -- we're actually in the final stages. We obtained the services of an engineer to go ahead and prepare what the county wants, and the Big Cypress National Preserve agreed and said that they were fine with that. So that's where we're at now. But it's taken that long to get everyone together and agree on something, unfortunately. MR. LEFEBVRE: Is this a house? What is this? MS. GOLETTI: It's a modular home, and it's on almost three acres in the middle of the woods out there. And the problem that started was the Big Cypress doesn't allow an increase of occupancy. And, unfortunately, there was only one gentleman that lived out there for over 30 years. So when we purchased the property, they had their codes and then Collier County had, obviously your guy's codes, more of a single- family residence, and that's where the discrepancy kind of happened, so -- Page 10 May 26,2011 MR. LEFEBVRE: And you feel comfortable with -- that 120 days will be enough? MS. GOLETTI: Yes, yes. CHAIRMAN KELLY: Anything further? (No response.) CHAIRMAN KELLY: Would somebody like to make a motion? MR. KAUFMAN: I'll make a motion that we extend it 120 days. MS. GOLETTI: Thank you. MR. LEFEBVRE: Second. CHAIRMAN KELLY: Motion and second. Any further discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: And it carries unanimously. MS. GOLETTI: Thank you. CHAIRMAN KELLY: Thank you for coming. MR. SEABASTY: Thank you. CHAIRMAN KELLY: Thank you, sir. Now moving on to the stipulations. First one is Fotre, CESD20100021900. (The speakers were duly sworn and indicated in the affirmative.) MS. RAWSON: Is that not 908? CHAIRMAN KELLY: I apologize, it is. Page 11 May 26,2011 MS. BAKER: Yes, ma'am. MS. RAWSON: Just to keep the record straight. CHAIRMAN KELLY: Thank you. I can't read my own handwriting. MS. BOTTS: Good morning, gentlemen. For the record, Azure Botts, Collier County Code Enforcement Investigator. This is in reference to Case No. CESD201 00021908. Mr. Tucker, the representative for Mr. Fotre, is here and has agreed and signed a stipulation, and agrees to pay the operational costs in the amount of $82 incurred in the prosecution of this case within 30 days of this hearing, abate all violations by: Respondent must obtain all required Collier County building permits or demolition permit, the required inspections, and Certificate of Completion within 120 days of this hearing or a $200-per-day fine will be imposed for each day the violation remains. Respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. If the respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff s Office to ensure the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KELLY: Okay. Thank you. Good morning, sir. MR. TUCKER: Good morning. Bill Tucker, for the record. I represent Mr. William Fotre Trust, and I have a Letter of Authorization, which I'll give them over there. And, in essence, we agree to all the stipulations. In this one particular one, with the 908 last three, there is an issue of some concrete steps. I just want to make it public record that we've agreed with the stipulation agreement that the concrete steps associated in this violation are not part of this investigation, and I think they agree to that. Page 12 May 26, 2011 MS. BOTTS: That is correct. The concrete stair was determined by the building official, Gary Harrison, that it was not going to be an . Issue. CHAIRMAN KELLY: Okay. MR. TUCKER: So we accept the stipulations as we signed. CHAIRMAN KELLY: No, I'm glad that you brought that point up. Jean, is there anything special, since the original charging documents mention the stairs, however, it's not mentioned in the stip? MS. RAWSON: Well, it's not in the charging document, and it's also not in the stipulation. So, you know, I don't know. You -- he's voluntarily saying he's going to do it, but I don't know whether we need to put it in the order. MS. BOTTS: That would be incorrect. He's not doing anything with the stairs. The stairs are existing, and the -- Gary Harrison's not requiring them to be permitted or feels that it is an issue to question the permit issue with it. CHAIRMAN KELLY: Would our public comment, now, here as part of the record be enough, or does signing the stipulated agreement, which references the charging document, hold him liable to those stairs? MS. RAWSON: The stipulation just says "all required Collier County building permits." CHAIRMAN KELLY: Okay. So it -- the permit passes? MS. RAWSON: So it's pretty all inclusive. CHAIRMAN KELLY: Okay, very good. MR. TUCKER: And we do have a Certificate of Occupancy for the house. The house was built, like, in 1977, I think. CHAIRMAN KELLY: Great. In that case, is there any questions from the Board? MR. KAUFMAN: Motion to accept the stipulation as written. MR. LEFEBVRE: Second. Page 13 May 26,2011 CHAIRMAN KELLY: Any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Okay. And this one carries unanimously. (No response.) CHAIRMAN KELLY: And we have one more case, and we have to go through the rigmarole and read it in. MS. BOTTS: This is in reference to Case No. CEPM20 1 00020593. Mr. Tucker agrees to the stipulation to pay operational costs in the amount of$82.86 incurred in the prosecution of this case within 30 days of this hearing, abate all violations by: Obtaining all required Collier County building permits, inspections, and Certificate of Completion/Occupancy for required repairs to the structure and remove insect infestation and provide documentation of removal from a licensed pest control company within 120 days or a fine of$250 for each day the violation continues. Respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. If the respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to ensure the provisions of this agreement, and all Page 14 May 26,2011 costs of abatement shall be assessed to the property owner. CHAIRMAN KELLY: Okay. And, obviously, you agree with this. MR. TUCKER: Yeah. Bill Tucker representing the Fotre Trust. We agree to those stipulations. And just for the previous note, while I looked up here, it is -- there are concrete stairs at the rear of the garage, which was on the previous one. That is in the original violation, just so you know. That's it -- we agree to the stipulations on this particular one. CHAIRMAN KELLY: Okay. Any comments from the board? (No response.) CHAIRMAN KELLY: Questions? MR. KAUFMAN: Is there any particular reason, other than to coincide with the previous case, that it's 120 days? MS. BOTTS: It's -- we decided on 120 days -- there's a lot that needs to be done on this house for permitting issues as well as property maintenance issues, and just to make sure there was enough time to obtain all the permits that may be required, we did 120 days. MR. KAUFMAN: Okay. Motion to accept the stipulation as written. CHAIRMAN KELLY: Motion. Do we have a second? MR. LEFEBVRE: Second. CHAIRMAN KELLY: Seconded. Any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. Page 15 May 26,2011 MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: And it carries unanimously. Thanks for your time today. MR. TUCKER: Thank you very much. MS. BOTTS: Thank you, gentlemen. CHAIRMAN KELLY: Thank you. Okay. The last stipulation we have today is Granadose, CESD20 1 000 1 0084. This is an interpreter. Whereupon, MARITZA ORENGO, the interpreter herein, was sworn to truly and correctly translate English into Spanish and Spanish into English. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KELLY: Good morning, sir. MR. ASARO: Good morning. Tony Asaro with Collier County Code Enforcement Department. The respondent has volunteered to enter into a stipulation agreement; therefore, it is agreed between the parties that the respondent shall pay operational costs in the amount of $82.56 incurred -- oh, 86, I'm sorry, 86 -- 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 or a Collier County Demolition Permit, request all required inspections and obtain a Certificate of Completion or Occupancy within 90 days of this hearing or a fine of$150 a day -- per day will be imposed for each day the violation remains. Garage converted to living space must be unoccupied within 90 days of this hearing until the building permit or demolition permit has been received -- a Certificate of -- has received a Certificate of Occupancy or Completion, or a fine of $250 per day will be imposed until the violation is abated. Respondent must notify -- must notify Page 16 May 26,2011 code enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance. CHAIRMAN KELLY: And does the respondent understand and agree to everything that was just read and she signed earlier? THE INTERPRETER: She does. CHAIRMAN KELLY: Do we have any questions from the Board? MR. KAUFMAN: I have one question, three parts. Is there electrical in the garage right now? MR. ASARO: Yes, sir, there is electrical. MR. KAUFMAN: Okay. And water? MR. ASARO: I don't believe there's water in there. Is there water? MS. GRANADOSE: Yes. MR. ASARO: Yes, there is. Okay. MR. KAUFMAN: Do you feel there are any safety and health issues? Because the electrical and water, obviously, have not been inspected. MR. ASARO: I think that would have to be determined by a building official. MR. KAUFMAN: Because the 90 days, just to un-occupy the -- ordinarily what the Board has been doing, is turn the circuit breaker off and move out of that area immediately, and then get all your permits, et cetera, within the 90 days. CHAIRMAN KELLY: Is the -- is that area, the garage, is it being rented out? MS. GRANADOSE: No. CHAIRMAN KELLY: It's not an eviction issue. MR. KAUFMAN: Is it being used as a bedroom right now? MS. GRANADOSE: No. MR. KAUFMAN: Is it being used right now? Page 1 7 May 26,2011 MS. GRANADOSE: It's unoccupied. It's not being used at this moment. MR. KAUFMAN: So it wouldn't be a problem to vacate that area while the permits are being pulled and -- MS. GRANADOSE: It's not a problem. THE INTERPRETER: She's asking me if she can request more time, more than 90 days. CHAIRMAN KELLY: Could you pull the mike down a little bit so that the court reporter can hear you. Okay. Go ahead. THE INTERPRETER: She's requesting more time at this moment, more than 90 days. CHAIRMAN KELLY: She's certainly allowed to. It's okay. Could you explain why? THE INTERPRETER: What's the maximum, she's asking me. MR. KAUFMAN: I think then we'll probably have to go back out to the hallway to redo the stips since it would change the stipulation from 90 days to some other thing. And I don't think that we're allowed to modify the stips, if I'm not-- CHAIRMAN KELLY: If she's asking for more time, it's almost an admission that she's not accepting the time frame that's here. What's the will of the Board? Are we willing to grant any more than 90 days? I mean, is that going to be a waste of time? MR. LEFEBVRE: I guess one question I have is, is it going to be you -- does she plan on converting it back to a garage, or does she plan on getting it permitted for the use that it's currently being used as? THE INTERPRETER: She wants to use it for an office. It's not going to be converted to a garage. CHAIRMAN KELL Y: Yeah. More time would probably be good. MS. BAKER: Mr. Chair, maybe they can go back out and discuss this and we can bring it back after we hear a case or two. Page 18 May 26, 2011 CHAIRMAN KELLY: Okay. All right. We'll go ahead and let you go. We'll move on in our schedule. Consider yourselves still . sworn In. All right. Moving on. That temporarily concludes our motions and stipulation. N ow we're moving on to Letter C, hearings. The first case is J &C Francois Family Limited Partnership, CESD20 11 0003690. And I'm doing Jen's job. Sorry. MR. KAUFMAN: Don't forget to make some muffins at the next meeting. (The speakers were duly sworn and indicated in the affirmative.) MS. BAKER: This is in reference to violation of ordinance Collier County Land Development Code 04-41, as amended, Section 10.02.13(F). Description of violation: Annual monitoring report has not been turned in. Location address where violation exists: 5349 Golden Gate Parkway, Naples, Florida, 34116. Folio 36319960009. Name and address of owner/person in charge of violation location: J&C Francois Family Limited Partnership, 136 Napa Ridge Way, Naples, Florida, 34119. Date violation first observed: March 29, 2011. Date owner/person in charge given notice of violation: March 31,2011. Date on/by which violation to be corrected: April 29, 2011. Date ofre-inspection: May 3, 2011. Results of re- inspection: The violation remains. MR. LETOURNEAU: Good morning. CHAIRMAN KELLY: Good morning. MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. The investigator of record, Mr. Gomez, was unable to present the case today. Page 19 May 26,2011 This is in reference to Case No. CESD20110003690 dealing with the violation of failing to submit the required annual monitoring report. The violation location is 5349 Golden Gate Parkway, Naples, Florida, 34116. Folio No. 36319960009. Service was given on March 31, 2011. I would now like to present case evidence in two letters that were sent to the property owner. CHAIRMAN KELLY: Motion. MR. LEFEBVRE: Motion to accept. CHAIRMAN KELLY: We have a motion. MR. KAUFMAN: Second. CHAIRMAN KELLY: We have a second. Any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) MR. LETOURNEAU: Okay. The first letter was sent on November 30th to the property owner detailing exactly what they needed to come into compliance with, the various forms -- letter forms and everything else, and a follow-up letter was sent on February 16, 2011, pretty much saying the same thing. MR. L'ESPERANCE: Certified or first class or both? MR. LETOURNEAU: First class. Page 20 May 26,2011 MR. L'ESPERANCE: Thank you. MR. LETOURNEAU: Okay. At that point, the planning department -- Ms. Beard had not received a response from the property owner, and the case was -- the issue was turned over to Investigator Gomez, who verified that they had not. And on March 29, 2011, he did post the property and the courthouse and send, certified and first class, the Notice of Violation. And to this point we haven't had any response from that property owner. MR. KAUFMAN: I have a question. It's sort of a general question. At our last hearing we had a case that was similar to this that had come up. Is this something that is relatively new that these are going out to people or -- MR. LETOURNEAU: I don't believe it's new, but I just think that we kind of had a little backlog, I believe, and we're just starting to catch up and bring these forward to the board at this time, the ones that aren't coming into compliance. MR. KAUFMAN: Mr. Levinsky, the last time, said that there was more to this than just, you know, Xeroxing last month's or last year's program and sending it back in. MR. LA VINSKI: Right, yeah. This is a several page document, and someone has to spend a lot of time to get that information developed. But it's -- and, yeah, it goes back -- I have personal experience with one going back to 2005, so it's been around. MR. LETOURNEAU: I will agree it takes some time. But as you've seen, we did send the initial letter out on November 30th. I don't believe it takes that long. MR. LEFEBVRE: Is this regarding developments that are not completed? Is that what it is? Or is it any -- MR. LETOURNEAU: I'm going to refer these questions to Ms. Beard because I'm not really, you know, the expert on this. MR. LEFEBVRE: Okay. Page 21 May 26,2011 (The speaker was duly sworn and indicated in the affirmative.) MS. BEARD: I'm Laurie Beard with PUD monitoring. The-- once the PUD has been -- it's been zoned a PUD, they have to complete the monitoring reports annually until they go through what's called the closeout step report, and those -- the closeouts basically are -- all of the commitments in the PUD are verified to be completed by the different departments in the county, and then the BCC approves them to say everything is completed and you no longer have to do the monitoring reports. I took this position over a year ago January, and I'm using the same form letters that were used previously, and -- including the one that says you will be sent to code enforcement. I'm finding, though, that a lot of those were never truly sent to code enforcement. I think that's probably why you're kind of seeing these for the first time. CHAIRMAN KELLY: Any other questions? MR. KAUFMAN: I'd like to make a motion that we find them in violation. CHAIRMAN KELLY: We have a motion. Do we have a second? MR. LA VINSKI: Second. CHAIRMAN KELLY: Seconded. Any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? Page 22 May 26, 2011 (No response.) CHAIRMAN KELLY: And the motion carries. Thank you. Okay. Do you have a recommendation? MR. LETOURNEAU: I do. The county recommends that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $81.15 incurred in the prosecution of this case within 30 days and abate all violations by submitting the following documents: Two completed copies of the annual monitoring report, one of three traffic count options, and one executed affidavit within X amount of days of this hearing or a fine of X amount of dollars per day will be imposed until the violation has been 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 use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order, and all costs of the abatement shall be assessed to the property owner. MR. KAUFMAN: One question. Have you had any contact with the respondent whatsoever? MR. LETOURNEAU: None whatsoever. MR. KAUFMAN: Are they people who live locally, the trust or whatever it is? MR. LEFEBVRE: Napa. CHAIRMAN KELLY: You had good service on a certified letter, and it was signed, and it is a local address. MR. LETOURNEAU: Right. Napa Ridge Way, I believe, is right off of Pine Ridge, I believe, or Vanderbilt, I believe. MR. KAUFMAN: They'll get a hint. CHAIRMAN KELLY: Mr. Lavinski, would you like to give us an idea of how long we should give on something like this? MR. LA VINSKI: Well, if this is their first shot at it, it's going to Page 23 May 26, 2011 take a little bit of time to pull that together, because you have to go right back to impact fees, is one of the first questions on the PUD monitoring form. So it's -- they're not going to do it in two weeks. MR. LEFEBVRE: Let me ask a question. When was this PUD approved? MR. LETOURNEAU: I'm not really sure. Ms. Beard? CHAIRMAN KELLY: I think there's a copy of it. 2004. MR. LEFEBVRE: So this wouldn't be the first time that they had to submit this? MS. BEARD: No. This property is build out. They have completed the project, and the last report we received was in 2009. MR. LEFEBVRE: Okay. MS. BEARD: So it has been done previously. MR. LEFEBVRE: Okay. . MR. KAUFMAN: Ifmemory serves me, I think we did 60 days at the last meeting. Originally it was 30 days, and based on what Mr. Levinsky said, we extended that to 60 days. And since this is not the first time they're submitting the forms, I think 60 days will be -- if I would interject, do you think that would be sufficient time? MR. LA VINSKI: Yeah. That should be more than enough if they've done one as late as '09. It shouldn't be that much of a catch-up. MR. LEFEBVRE: Mr. Lavinski, would you like to take a crack at it? MR. LA VINSKI: Yeah. I'd like to make a motion then that-- what was the amount of the costs? MR. LETOURNEAU: We left that up to you. MR. KAUFMAN: Eighty-one-- MR. LETOURNEAU: Oh, I'm sorry, $81.15 was the operational costs. MR. LA VINSKI: Eighty-one fifteen, okay. I'll make a motion then that the operational costs of 81.15 be applied and that thea Page 24 May 26, 2011 affidavit, within 60 days of this hearing or a fine of $100 a day would be imposed until the violation has been abated. MR. KAUFMAN: I second that. CHAIRMAN KELLY: Any discussion? (No response.) CHAIRMAN KELLY: All those in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: And the motion carries. Very good. Okay. Next case -- cases, looks like we have three of them all with the same respondent, Julio Iglesias. And if it's okay, if they're related -- MS. BAKER: They're actually -- the same investigator is working on that stipulation. CHAIRMAN KELLY: Okay. MS. BAKER: So if we could jump to No. 12. CHAIRMAN KELLY: Sure. Just keep it in the same agenda but move to 12. Okay. This is going to be Krista -- oh, gosh -- Irizarry and John Irizarry. I'm sorry, sir. I know I messed that up. MR. IRIZARRY: Irizarry. CHAIRMAN KELLY: Irizarry, thank you. MS. BAKER: This is in reference to violation of ordinance Collier County Land Development Code 04-41, as amended, Section 2.01.00(A). Page 25 May 26, 2011 Description of violation: Many unlicensed and inoperable vehicles and trailers on Estates-zoned property; black Mustang, two Volkswagen beetles, vans, commercial trailers, et cetera. Location/address where violation exists: 105 16th Street Southeast, Naples, Florida, 34117. Folio 39210380002. Name and address of owner/person in charge of violation location: Krista L. Marcial Irizarry and John Irizarry, 105 16th Street Southeast, Naples, Florida, 34117. Date violation first observed: September 22, 2010. Date owner/person in charge given Notice of Violation: September 23, 2010. Date on/by which violation to be corrected: October 20, 2010. Date of re-inspection: March 31, 2011. Results of re-inspection: The violation remains. MR. BALDWIN: Good morning. For the record, Patrick Baldwin, Collier County code enforcement investigator. This is reference to Case No. CEV20100018622 dealing with a violation of unlicensed and inoperable vehicles and trailers on the Estates-zoned property located at 105 16th Street Southeast, Naples, Florida, 34117. Folio No. 39210380002. Service was given on 9/23/2010, and NOV, Notice of Violation, was signed by Krista Marcial Irizarry. And I would like to present the following case evidence as follows: I have nine photographs dated -- the first five are -- I'm sorry. The first six are dated 9/22/2010, and then the last three are dated 5/24/2011 and 5/25/2011. CHAIRMAN KELLY: Mr. Irizarry, if you have any problems with these, let us know. You can object to them. MR. IRIZARRY: Okay. MR. KAUFMAN: Have you seen them? CHAIRMAN KELLY: Yeah. Have you seen these? MR. IRIZARRY: Yes. Page 26 May 26,2011 CHAIRMAN KELLY: Okay. MS. BAKER: Did you accept them? MR. LEFEBVRE: Motion to accept. MR. KAUFMAN: Second. CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Okay. Motion. MR. BALDWIN: This vehicle -- actually, the violation has been abated here. It was a black Mustang that was unlicensed at the time. MR. IRIZARRY: My brother had just bought it. MR. BALDWIN: These vehicles, as you can see, unlicensed and possibly inoperable. CHAIRMAN KELLY: Was it just the vehicles, or was it the boat in the picture as well? MR. BALD WIN: I was -- I cited them for the vehicles on the property . MR. IRIZARRY: The boat was licensed. CHAIRMAN KELLY: Okay. MR. L'ESPERANCE: Can we go back to that last picture, please, Jen. What do we see in this picture; just a different perspective of the same? MR. BALDWIN: Yes. Just different unlicensed vehicles and trailers on the property. CHAIRMAN KELLY: Sir, are you having work done at the Page 27 May 26,2011 house? Is that a permitting-- MR. IRIZARRY: No. All I did -- you know, all this stuffhas been at my house for, like, six years, ever since I moved there. It's in a fenced in area. I closed my business down in '09, and everything -- just left everything back there. Actually got ajob working for Suncoast Custom Pools, which I, you know, work out of my house, so I took everything out for four days, had it re-graded, straightened up. I put all those vehicles back in my fenced in area and, you know, that was it. Those vehicles have been there, my bug, my -- you know, I have to have my bug. I drove that to high school, and I got those two bugs to fix up for my daughter. And, you know, I can't afford to put a tag on a car that's -- you know, there's nothing in it. It's a shell. And the other car I just got for parts for that car. I've gotten rid of the Bronco, the Volkswagen van. You know, I got my two bugs back there. I got my trailers that I just use for storage that have been -- you know, they're not able to -- you know, they're just -- they're junk. I can't -- you know, they're not drivable. I just use them for storage. I can't afford to take -- you know, I bought this property. I've got three acres, you know, to keep my stuff there. I can't afford to put tags on -- buy tags for trailers that I'm not ever going to use; I'm just using them for storage. I can't afford to go pay for a storage unit to put my stuff. You know, I -- you know, basically, I got rid of the ones that I wasn't using. I still got my two bugs which I'm going to plan on fixing for my daughter, and the trailers I use for storage. It's fenced in. You barely can see it from the road. I mean, there's cars all -- you know, you go down Golden Gate Boulevard, there's all kinds of junk cars sitting in the front of the yard, but nobody's called in on those. And if you don't call in, nothing's done. I mean, I understand why I got called in, because all my stuff -- Page 28 May 26,2011 all my junk cars were out in the -- you know, right in the front yard, but four days later they were all moved back in. And if you're driving by, all you can see is the top of my trailers. And I got pictures to show you, if you need to see it. CHAIRMAN KELLY: We'll go ahead and let the investigator finish with his part, and then we'll take a look at this. MR. IRIZARRY: Okay. MR. BALDWIN: On 9/22 I responded to a complaint about unlicensed vehicles and trailers on the Estates-zoned property. I observed several unlicensed vehicles and trailers. I left a note, and the respondent, Mr. Irizarry, called me back and left me a detailed message. I then went out the next day, and I met with his wife, Krista, and she signed the Notice of Violation and she stated that we had many vehicles on the property that were unlicensed, trailers and vehicles, and she stated that we'd need some time. So I gave her the 30 days. And I went back on 11/9/2010, and I also met with Krista again, and she also said, we still need some more time, and she would have her husband call me back, and he didn't respond to me since then. So on 3/24 I again met with the wife, and she said we still needed some more time, so that's why we're here today, and it's May. MR. L'ESPERANCE: Any more photographs? MR. BALDWIN: Yes. CHAIRMAN KELLY: Is there any leniency in the code, in the Estates-zone code, if the area's fenced in and not viewable? MR. BALDWIN: I have the code, if you would like me to read it. Parking and storage of vehicles without current license plates. Vehicles or trailers of any type that are not immediately operable or used to -- for the purpose in which they are manufactured, without mechanical or electrical repairs or the replacement of parts or do not meet the Florida safety code or do not have current valid license plates or do not meet the definition of recreational vehicles as defined within Page 29 May 26,2011 this code shall not be parked or stored on any residentially zoned or designated property, including the "E" Estates district, other than in a completely enclosed building. F or the purpose of this section, a license plate shall not be considered valid unless it is both affixed to a vehicle or trailer in the fashion authorized by Florida law and is registered to the vehicle or trailer upon which it is displayed. CHAIRMAN KELLY: So if you have it inside of a building it's acceptable without being operable and without having a valid plate, but once it's outside of a completely enclosed building, it is, in that case, in violation? MR. BALDWIN: Correct, sir. CHAIRMAN KELLY: Okay. All right. Anything else from the county? MR. BALDWIN: No. MR. KAUFMAN: Finish the pictures. CHAIRMAN KELLY: Oh, yeah. Jen, is there any more of those pictures? MR. BALDWIN: That picture was taken 5/24/2011, and the next two were taken on 5/25/2011, yesterday. MR. L'ESPERANCE: Is this from a distance? Is that why-- MR. BALDWIN: No. This is from the front of the property. The main, principal structure is on the left, and he has a garage on the right that is looking straight to the back of the property. MR. L'ESPERANCE: What are we looking at besides the chairs and the foreground? MR. BALDWIN: Looking at the two Volkswagens -- you can see the Volkswagen beetle over there, over to your right, and you can see the top of the Volkswagen beetle almost directly in the center of the picture. Both of those vehicles were also photographed on my original site visit on 9/22/2010. MR. L'ESPERANCE: This is a fenced in enclosed area? Page 30 May 26,2011 MR. BALDWIN: It's almost fenced in and enclosed, yes. MR. L'ESPERANCE: Thank you. CHAIRMAN KELLY: Any chance of using that garage to store these in? MR. IRIZARRY: Well, my garage only fits one car, you know, and -- you know, basically I'm using that for storage. You know, I got my weight bench in there and, you know, just -- I use it as, like, a play room. You know, it's like I got rid of -- I got rid of the van -- I got rid of the van, the Bronco, my Volkswagen van. Got rid of those. All I have left is my trailers that I use for storage, my two bugs, and I do have a couple of trucks that a guy asked me to -- can I store them there because he was in an industrial park area that, you know, he didn't have tags on his truck because his business is down, so he has, like, five or six trucks sitting there. They made him move them out of a business area where you're supposed to be able to, you know, have your trucks and stuff, and he's slow, so he's setting these vehicles off to the side because he doesn't use them anymore because the business is down, and then they're telling you, you know, you've got to get tags and insurance on vehicles that you're not even using anymore because you can't afford it. So, you know, I let him, you know, keep his trucks out there. He said he'd give me some money to store them out there. And I'm -- I told him he had to get a -- you know, take them. But, you know, two bugs and a couple of trailers in an enclosed area that you can barely even see from the road; I mean, what do you live out in the Estates for? So you can have -- you know, do what you want on your own property. MR. MARINO: I have a question. Where are these pic- -- where is this picture taken from? Is that his property that you're standing on to take the picture of the trailers? Page 31 May 26, 2011 MR. BALDWIN: Yes, that's his front driveway. MR. MARINO: What is that; a fire pit out there or something? MR. IRIZARRY: Yes. MR. KAUFMAN: How did this violation come to light? Was it an anonymous call or -- MR. BALDWIN: Yes, sir, I believe so, anonymous call. The original call came in for unlicensed vehicles and trailers on the property and that the property was being used for a used car lot. MR. IRIZARRY: That's just because I moved those trailers out so I can clean up my back area, and I put them back four days later. And if you see the front of my property, my property's beautiful. You know, I got rid of the boat. I don't have the boat, the other three vehicles. It's -- my property's clean. And I got pictures that I went and took this morning from the road. And all you can see is what you see there, just the top of the trailers. CHAIRMAN KELLY: The great thing about living in the Estates is you can have commercial vehicles on your property . You can have multiple even -- MR. IRIZARRY: Yeah. CHAIRMAN KELLY: -- out there. MR. IRIZARRY: I mean, that's why I moved out there. CHAIRMAN KELLY: I live there, too. MR. IRIZARRY: I have that bug I've been carrying around since 1990. I've had it at every house, when I was in the city in my front driveway, just how it is, and never got messed with. CHAIRMAN KELLY: The problem here is that if they are a vehicle which is intended to be driven and they're outside, they have to have a plate on them that's valid. So-- MR. IRIZARRY: Even if there's no engine? It's stripped? I mean -- CHAIRMAN KELLY: Unfortunately, yes. Yeah, that's what the code calls for, even in the Estates. There's leniency in the Estates -- Page 32 May 26, 2011 MR. IRIZARRY : Well, I can't -- I can't afford to put tags on them. You know, I'd have to get insurance and put tags on them, on a vehicle that, you know, maybe I'll have fixed up in six or seven months. CHAIRMAN KELLY: Check on that insurance thing. I think if you render them inoperable you don't have to carry insurance. You just have to file an affidavit. I'm not sure. MR. IRIZARRY : Yeah. I've still got to pay a hundred and something dollars for a new tag. CHAIRMAN KELLY: Maybe, maybe. Let's see if there's an NOV. MR. LEFEBVRE: He has some pictures he wants to present. CHAIRMAN KELLY: Oh, yes. What would you like-- MR. IRIZARRY: It's just on my phone. CHAIRMAN KELLY: That's going to be difficult to admit. Here's the reason why. Once we admit them into evidence and you show us, they actually have to have a physical copy so they become part -- MR. IRIZARRY : Well, I could get copies and I could, you know, print them out if I have to, whatever. CHAIRMAN KELLY: In this case -- well, we'll see what the Board says. But there's already been testimony stating to the fact that you do have some vehicles that are not licensed. How many and how clean it looks now and all that is almost irrelevant. MR. IRIZARRY: Yeah. CHAIRMAN KELLY: But if there's one, then the violation still exists, unfortunately. So let's see if the Board -- any more questions? MR. KAUFMAN: I make a motion that we find the respondent in violation. CHAIRMAN KELLY: Okay. MR. LEFEBVRE: Second. Page 33 May 26, 2011 CHAIRMAN KELLY: Do we have any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: And it carries. That basically means that you have at least one vehicle that fits the description of the violation. So now what we'll do is ask the county, see if they have a recommendation and work something out time- frame wise. MR. BALDWIN: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $80 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining and affixing a valid license plate for each vehicle/trailer, repair defects so the vehicles/trailers are immediately operable, or store vehicles/trailers within the confines of a completely enclosed permitted structure within blank days of this hearing or a fine of blank dollars per day will be imposed until the violation is abated. Two, 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 Page 34 May 26, 2011 abatement shall be assessed to the property owner. CHAIRMAN KELLY: Could you do me a favor and explain-- we didn't see it on the screen -- but you had said the vehicles must be immediately operable. What exactly does that mean? MR. BALDWIN: That means that they have to have an engine in them, they have to be taken off the property in case there's an immediate emergency, they need to have tires on them. They can't be sitting on blocks. Just in case there was an emergency and we could take the vehicles off right away. CHAIRMAN KELLY: Can you, maybe afterwards, get with him on exactly what the code's going to require? MR. BALDWIN: Yes. CHAIRMAN KELLY: Sir, if you wanted to keep those for your daughter and try to put them together, there might be some limitation in the language. So try to see exactly what-- MR. IRIZARRY: And that's -- the bugs are -- you know, I still got all those trailers that I'm, you know -- MR. BALDWIN: For some projects like this, some of the owners in the Estates put the project vehicles, the unlicensed -- inoperable vehicles on licensed flatbed trailers, if you have an option of doing that. They keep them on the licensed flatbed trailer while they work on them or take them off and work on them and then store them on the licensed flatbed trailer. CHAIRMAN KELLY: That might be an option with you with all the trailers. MR. IRIZARRY: Then again I got to buy a $2,000 trailer to put something on that I can't -- you can't -- you know, can't afford to buy tags for. CHAIRMAN KELLY: Maybe the bugs will fit inside one of the enclosed trailers, possible? MR. IRIZARRY: No. CHAIRMAN KELLY: No? Does anybody want to take a stab Page 35 May 26, 2011 at it? MR. KAUFMAN: Just a comment. It's no different than having a building on the property that's not in -- that hasn't been permitted. That's no dif- -- and storing things in that building or having it in a trailer. If you lived adjacent to a piece of property that was being used this way, whether it's in the Estates or anyplace else, that's a problem, and it's a problem for the person who has the stuff; if they don't have enough vegetation to screen it from your neighbor, you're going to get complaints like this, and they have every right to complain, and it is in violation. I took a look at some of the guidelines that we have for fining and whatnot -- and I know money is tight -- and it says, "Vehicles without a tag should comply within three days or $50 fine." And I don't know if that's a per-vehicle-type deal nor do I suggest that as a solution to this. Is there anything that -- time frame that you could possibly come up with that you can see about working some sort of agreement out so that you're not fined? MR. IRIZARRY: I just don't know. I mean, I -- you know, you're telling me I have to get rid of all my -- you know, get tags on my trailers that are never going to be on the road and my bugs that, you know, I -- they'll probably be on the road maybe within six months to a year after I restore them. But, you know, it's to the point where, do I own the property or does the county own the property, you know? I moved out there just so I can do what I want on my property. I don't feel like -- you know, it's not an eyesore. The bugs were -- all the stuff was outside, and it's been in there for six years, and my neighbors don't call. It was because all the vehicles were out in my front yard and now they're not because I was just cleaning up. And nobody's calling in, nobody's complaining. I only have one neighbor Page 36 May 26,2011 and another neighbor. Nobody's calling, complaining. It was just that one incident, and that stuffs been there for six years. And if I -- you know, if -- I feel like if I get this, then everybody else out there that, you know, has all -- you know, there's thousands of people out there in the Estates that are exactly in the same situation that I'm in. And there should be something, you know -- you know, certain, you know -- what do you? You know, it should -- MR. KAUFMAN: Exceptions. MR. IRIZARRY: -- exceptions that, you know, should be in place if, you know, it's in a fenced in area. I mean, who can afford a building to put -- you know, to put all their stuff in? I mean, you move out there so you can do what you want on your property. And, yeah, you know, I understand that it's an eyesore when all that stuffwas out there, you know, in the beginning, but now it's not. There's all kinds of stuff. And if nobody calls in, nobody says anything. If you're going to enforce this like you're enforcing it to me, you need to stop by everybody's house that has all their junk cars out in the front and violate them. It can't be just, you know, because somebody calls in. CHAIRMAN KELLY: Would you like to maybe suggest a time frame that we can consider, might help out? MR. IRIZARRY: Well, I mean, where do we go from here? Do I go to court? I mean, I'm going to fight it because this is my property, and I'm not doing anything wrong. CHAIRMAN KELLY: You certainly have your right to do that. I'm sure that the investigator will help you with the next step in the process. MR. IRIZARRY: Yeah. That's what I --I'm not -- it's ridiculous. CHAIRMAN KELLY: I'm not sure of the exact procedure, but there definitely is a procedure for you. Page 37 May 26, 2011 In that case, Mr. Kaufman, did you have something? MR. KAUFMAN: Well, I'd like to make a motion then. This is obviously not going to end right here, but despite what the guidelines are, I'd like to extend that to 90 days to give you an opportunity to do whatever you're going to do with $1 OO-a-day fine after 90 days. Again, if you have any problem meeting that time frame, you can always come back and ask for an extension. And the operational costs, I believe, are $80? MR. BALDWIN: Yes, sir. MR. KAUFMAN: Thirty days on the operational costs for payment. CHAIRMAN KELLY: Okay. Do we have a second? MR. MARINO: I'll second it. CHAIRMAN KELLY: Seconded. Any discussion? MR. LEFEBVRE: Yes. I think we should extend the time somewhat. I don't know if this is going to be resolved in 90 days, six months, what the case may be, but he has licensed -- gotten the Mustang licensed, and I think you stated -- MR. IRIZARRY: Got rid of four vehicles. MR. LEFEBVRE: Okay -- and four of the vehicles. I'm not sure if six months would take care of the problem or if it still will be there in six months, but -- MR. KAUFMAN: I have no problem modifying the motion to six months. MR. MARINO: I have a question. Can I do that? CHAIRMAN KELLY: Yes, sir. MR. MARINO: Have you looked at the actual cost on the trailers and the license tags? Because I have -- MR. IRIZARRY: Well, the tags are probably about 130 bucks, you know, for the vehicles, and the trailer tags are probably, you know -- like, one I don't even have a title for. It's somebody that owed me Page 38 May 26, 2011 money, and it was just, you know, where I used to rent from, so it's just for storage. I couldn't -- you know, I don't know who the original . owner IS. MR. MARINO: So you can't even tag it. MR. IRIZARRY: I couldn't even get the tag for that trailer. The other one I bought from Baker's Towing, and I just -- you know, I -- and I never got it registered because I wasn't ever planning on using it on the road. I just bought it for storage. It's -- it was rear ended, so it's going to cost, like, $2,500 to fix it to even put it on the road. CHAIRMAN KELLY: Mr. Marino, would you like to amend your second to match -- MR. MARINO: I'll amend the second. CHAIRMAN KELLY: Okay. MR. LEFEBVRE: I'm not sure if six months is going to correct the problem or we're going to be back here in six months. So it seems like 90 days or six months, we're still going to be back in the position we're at. But we're just giving you a little more time so you can work out the situation, because according to the Land Development Code, it is not allowed, what you're doing. So I think -- MR. KAUFMAN: And you obviously have the right to appeal the Board's decision. The only thing I counsel you on is come back-- if it's in the same condition as it is today, come back prior to the six-month expiration day so that you're not fined, and then make a case -- MR. IRIZARRY: So basically what you're saying, you know, if I took everything off the property, had it checked out and brought it back, you know, nobody's calling it in, then, you know, it's not going to come back on me. That's basically what it is. And once he signs off on it -- I'll take all my vehicles off -- MR. LEFEBVRE: Here's the problem. MR. IRIZARRY: -- and then if nobody calls in, then he's not Page 39 May 26, 2011 going to come on my property again, or is he still going to be -- MR. LEFEBVRE: Let me cut you off at the pass. If there is another report of a violation, and now it's a repeat violation, and the fines can go up exponentially, so I would not recommend that. MR. IRIZARRY: So it's really not my property then. CHAIRMAN KELLY: Okay. Is there any further discussion? (No response.) CHAIRMAN KELLY: We do have a motion and a second. And, Jean, that was six months and $100 a day. Seeing none, all those in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Any it carries. Sorry, sir. MR. BALDWIN: Thank you. CHAIRMAN KELLY: Okay. MS. BAKER: We're ready to go back to the stipulation agreement. CHAIRMAN KELLY: Okay. Let's go back to the stipulation. And that was Maria Granadose. Jean, I mean, are they okay, still sworn in? MS. RAWSON: I think you told them that they would remain sworn in. So all you have to do on the record is remind them that they're still under oath. CHAIRMAN KELLY: Let this be a reminder that you're still under oath. Okay. Page 40 May 26,2011 MR. ASARO: Tony Asaro, Collier County Code Enforcement. Respondents agree to enter into a stipulation agreement; therefore, it is agreed between the parties that the respondent shall pay the operational costs in the amount of $80.86 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 or a Collier County Demolition Permit, request all required inspections and obtain a Certificate of Occupancy within 120 days of this hearing, or a fine of $150 per day will be imposed for each day the violation remains. The garage converted to a living space must be unoccupied and utilities turned off within 24 hours of this hearing until the building permit or demolition permit has been received -- or has received a Certificate of Occupancy, or a fine of $250 per day will be imposed until the violation is abated. Respondent must notify the Code Enforcement Department within 24 hours of the abatement of the violation and request the investigator to perform a site inspection to confirm compliance. CHAIRMAN KELLY: So does that timeframe work much better for you now? MS. GRANADOSE: Yes, thank you. CHAIRMAN KELLY: Any questions or concerns from the Board? MR. KAUFMAN: I make a motion we approve the stipulation as written. MR. LEFEBVRE: Second. CHAIRMAN KELLY: Seconded. Any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. Page 41 May 26, 2011 MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: And it carries unanimously. Could you also let the respondent know that if there's any problems, if she runs into issues, please come back and see us before the time expires and request what we call an extension. If she doesn't, the fines will go against the property and may eventually end up losing her home. Okay. Sometimes keeping the home the way she wants it isn't as easy as she thinks. There's some permitting requirements and some additional construction that may need to take place that might take longer than the 120. THE INTERPRETER: Yeah, she understands. CHAIRMAN KELLY: Great. Thank you very much. Okay. The next case -- are you doing okay? Do you want a break? THE COURT REPORTER: I'm okay. CHAIRMAN KELLY: Yeah, okay. Well, the next case we actually have three cases together with Julio Iglesias. And what we'd like to do is -- I think they're related, so we'll talk about each one of them together and then we'll vote separately on each case. MS. BAKER: Mr. Chair, I'll go ahead and read in the violations for each of the cases. For the first case, Case CESD20100018711, is violation of Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1, Section 111.1, Collier County Land Development Code 04-41, Page 42 May 26,2011 as amended, Section 10.02.06(B)(1)(a), and Section 1 0.02.06(B)(1)( e )(i), several unpermitted structures on the property, swimming pool with deck that is covered by a screen enclosure, no permits; chickie hut with attached shed with a bathroom unpermitted; three unpermitted small sheds, two on the south side of the property, one on the east side of the property; tree-house with electricity unpermitted; all structures on the property besides the principle structure do not have permits. For the second case, Case CESD20100018717, violation of Florida Building Code, 2007 edition, Chapter 1 permits, Section 105.1, Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) and Section 10.02.06 (B)(l)( e )(i). Description of violation is bottom floor of stilt home, no rooms were added -- new rooms were added and new wall and doors; electrical work done without Collier County building permits. The third case is Case CENA201 000 18724, violation of Collier County Code of Laws, Chapter 54, Article VI, Section 54-181. Description of violation is litter consisting of but not limited to buckets, construction debris, oil containers, et cetera. And all of these violations are located at 985 Honeybee Drive, Naples, Florida, 34120. Folio 00097840008. CHAIRMAN KELLY: We're going to swear you in for all three cases at once. (The speaker was duly sworn and indicated in the affirmative.) MR. ASARO: Tony Asaro, Collier County Code Enforcement Department. This is in reference to Case Number CESD20100018711 regarding unpermitted alterations of a swimming pool with a deck, chickie hut with attached shed and bathroom, two small sheds, and a tree-house with electricity; Case No. CESD20100018717 regarding unpermitted alterations of a new room, new wall, doors, and electrical modifications; Case No. CENA20100018724 consisting of litter but not limited to buckets, construction debris, and oil containers, et Page 43 May 26,2011 cetera. Violations are located at 985 Honeybee Drive, Naples, Florida. I would like to present case evidence in the following exhibits: 13 photos taken on September 21, 2010, by Investigator Patrick Baldwin. CHAIRMAN KELLY: Do we have a -- MR. KAUFMAN: Motion to accept. MR. LEFEBVRE: Second. CHAIRMAN KELLY: All those in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: It carries unanimously. MR. ASARO: On September 21,2010, Investigator Patrick Baldwin observed a swimming pool, screen enclosure, wood decking, chickie hut, sheds, tree-house with electrical additions to the first floor, such as rooms, walls, doors, and electrical modifications. Also he observed litter and debris consisting of buckets, construction material, oil containers, et cetera. After several site visits to the property and correspondence -- correspondence in attempt to make contact with the property owner, the violation remains with no contact from the owner. MR. L'ESPERANCE: Is this property unoccupied? MR. ASARO: Yes, sir, it is. MR. KAUFMAN: Foreclosure team going to have a look at this? MR. ASARO: It is a foreclosure property, and they do have a Page 44 May 26, 2011 copy of the case. MR. KAUFMAN: Okay. MR. L'ESPERANCE: Is this inside the stilt home or in the elevated -- MR. ASARO: I wasn't on the property. Investigator Patrick Baldwin was on the property. I can have him come up here -- CHAIRMAN KELLY: Is this a grow house? MR. ASARO: -- and testify. I think -- it was a former grow house. (The speaker was duly sworn and indicated in the affirmative.) MR. BALDWIN: These pictures -- there was almost, like, a guesthouse built behind the chickie -- behind the principal structure, behind the chickie hut that was also built. And these were rooms in there that the tenders to the marijuana grow house were using. MR. KAUFMAN: Did this come to code enforcement from the Sheriff? MR. BALDWIN: Yes, we went out there with the code enforcement and the S W AT Team. Those last two pictures were the first floor -- and this picture's the first floor of the stilt home where there were walls added and where they had their operation. CHAIRMAN KELLY: That's where their friend Bud lived. Sorry . MR. LEFEBVRE: I make a motion a violation exists. MR. KAUFMAN: Second. CHAIRMAN KELLY: Any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. Page 45 May 26, 2011 MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (N 0 response.) CHAIRMAN KELLY: Motion carries. Do you have a recommendation? And what we'll do is we're going to make a -- I'm sorry . We're going to vote on each one individually. MR. ASARO: Okay. CHAIRMAN KELLY: However, if the recommendation's the same, you could probably read the recommendation. I mean, if they're different timeframes and whatnot, then read them separately. MR. ASARO: Yeah. I'll read each recommendation. MR. KAUFMAN: The owner of record for this property is? MR. L'ESPERANCE: Still the individual? MR. ASARO: Julio Iglesias. MR. L'ESPERANCE: Not the bank? MR. ASARO: Pardon me? MR. L'ESPERANCE: Not the bank? It's not -- the process hasn't been -- MS. BAKER: No. MR. ASARO: As far as I know, it's in lis pendens. CHAIRMAN KELLY: And not the singer. MR. ASARO: And not the singer. He's on tour. MR. KAUFMAN: Now when we voted, did we vote -- we just voted the 711 case. We didn't vote on the other two. CHAIRMAN KELLY: Right now we're taking the first one only. MR. KAUFMAN: Okay. MR. ASARO: Case No. CESD20100018711, the county recommends that the respondent apply for and obtain Collier County building permits or demolition permits, request all related inspections Page 46 May 26, 2011 through the issuance of a Certificate of Occupancy or Completion within 120 days of this hearing, or a fine of $200 per day will be imposed for each day -- I'm sorry -- no timeframes. Let me read that over again -- applying for and obtaining Collier County building permits or demolition permit, request all related inspections through the issuance of a Certificate of Occupancy or Completion within blank days of this hearing, or a fine of blank dollars per day will be imposed for each day the violation remains. Respondent must notify the Code Enforcement Board within 24 hours of abatement of the violation and request the investigator to perform an on-site inspection to confirm compliance. CHAIRMAN KELLY: What are the costs? And are you going to let the Sheriffs Department help you out if you have to abate the fines for them? MR. ASARO: The costs for operational costs is $81.72. CHAIRMAN KELLY: I don't know if you've read in the last line. MR. ASARO: Yeah, I'm going to read that. CHAIRMAN KELLY: I'm sorry. MR. ASARO: 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: Okay. Any ideas, timeframes? MR. KAUFMAN: I'll make a motion that, as far as the time, 120 days to abate, $500 a day -- is that what we typically have imposed on grow houses with these typical violations -- and the operational costs of 81.72 to be paid within 30 days. MR. LEFEBVRE: Second. CHAIRMAN KELLY: Do we have any discussion? That's-- 500's the max? Page 47 May 26,2011 MR. KAUFMAN: No, we could go more, but-- CHAIRMAN KELLY: Okay. We're good then. Seeing no other discussion, all in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: And it carries unanimously. Now we'll move on to -- MS. BAKER: If you'd just repeat the days and the dollars for us, please. MR. KAUFMAN: One hundred and twenty days, $500 a day. CHAIRMAN KELLY: And then now if we can get a motion that a violation exists for CESD20100018717. MR. LEFEBVRE: Is the motion -- is the evidence the same and the pictures are all the same? MR. ASARO: Yes, they are. MR. LEFEBVRE: Okay. Make a motion that a violation exists. MR. KAUFMAN: Second. CHAIRMAN KELLY: Any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. Page 48 May 26, 2011 MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Okay. Motion carries. And a recommendation, please. MR. ASARO: Oh, I'm sorry. CHAIRMAN KELLY: That's all right. This is case two. MR. ASARO: Okay. This is -- okay. Recommendation, applying for and obtaining Collier County building permits or demolition permit, request all related inspections through the issuance of a Certificate of Occupancy or Completion within blank days of this hearing, or a fine of blank dollars per day will be imposed for each day the violation remains. The respondent must notify the Collier County 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 -- in order to -- excuse me -- 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: And what was the amount of the operational costs? MR. ASARO: Operational costs is $81.72. MR. KAUFMAN: I'll try the same thing again. One hundred and twenty days, $500 a day, operational costs paid within 30 days of 81.72. CHAIRMAN KELLY: Do we have a second? MR. MARINO: Second. CHAIRMAN KELLY: Seconded by Mr. Marino. Any discussion? Page 49 May 26, 2011 (No response.) CHAIRMAN KELLY: All those in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: It carries unanimously. And the third case? We'll go ahead and see if we can't get a motion for violation, that is case -- on Case No. CENA20100018724. MR. MARINO: I'll make a motion a violation exists. MR. LA VINSKI: Second. CHAIRMAN KELLY: Motion and second. Any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: And it carries. Recommendation, please. MR. ASARO: Okay. Recommendation is that the Code Page 50 May 26, 2011 Enforcement Board orders the respondent to pay all operational costs in the amount of$80.51 incurred in the prosecution of this case within 30 days and abate all violations by removing all litter to a site intended for final disposal or proper inside storage of desired items within blank days of this hearing, or a fine of blank dollars a day will be imposed for each day the violation remains. The respondent must notify the Code Enforcement Board - 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 use the assistance of Collier County Sheriffs Office to enforce the provisions of this order, and all costs of abatement shall be assessed to property owner. MS. BAKER: Just a correction. The operational costs are $80.57. CHAIRMAN KELLY: Okay. MR. KAUFMAN: I'll give it a shot. On this one, since it's litter, and if I lived next door, I would probably be looking for a much shorter timeframe, 30 days, $200 a day, and 80.57 paid within 30 days. CHAIRMAN KELLY: Do we have a second? MR. MARINO: Second it. CHAIRMAN KELLY: Is there any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. Page 51 May 26, 2011 CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: And it carries. MR. ASARO: Thank you. CHAIRMAN KELLY: Jean, did you get the times and amounts for all three of those? MS. RAWSON: I did. Thank you. CHAIRMAN KELLY: All right. That's the end of Julio Iglesias's cases. The last one under hearings today is going to be CESD201000021657, Fifth Third Mortgage Company. And for the Board, there is an updated assignment of property that was left on the desk this morning. (The speakers were duly sworn and indicated in the affirmative.) MS. BAKER: This is in reference to violation ordinance, Collier County Code of Laws, Chapter 22, Article II, Florida Building Code, adoption and amendment of the Florida Building Code, Section 22-26(b)(104.5.1.4.4); Florida Building Code, 2007 edition, Chapter 1, permits, Section 105.1; 04-41, as amended, Collier County Land Development Code, Sections 10.032.06(B)(1)(a). Description of violation: Permit 2009100320 expired and has been canceled, leaving additions/alterations on residence unpermitted and incomplete. Location address where violation exists: 3420 Caloosa Street, Naples, Florida, 34112. Folio 74412600008. Name and address of owner/person in charge of violation location: Fifth Third Mortgage Company, 505 Kingsley, Maryland, 1MOC20 Cincinnati, Ohio, 45265, care of registered agent, Corporation Service Company, 1201 Hayes Street, Tallahassee, Florida, 32301. Date violation first observed: December 7, 2010. Date owner/person in charge given Notice of Violation: Page 52 May 26,2011 December 20,2010. Date on/by which violation to be corrected: January 6, 2011. Date of re-inspection: March 23, 2011. Results of the re-inspection: The violation remains. MS. BOTTS: For the record, Azure Botts, investigator for Collier County Code Enforcement. This is in reference to Case No. CEDS20100021657 pertaining to the violation of unpermitted additions made to both sides of residence located at 3420 Caloosa Street. Folio 74412600008. Personal service was conducted on December 20,2010. I would like to present case evidence in the following: Three pictures, one dated December 7th, the second dated December 14th, and the third dated March 7, 2011. MR. KAUFMAN: Motion to accept. MR. LEFEBVRE: Second. CHAIRMAN KELLY: Any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: It carries unanimously. Did you say it was personal service? MS. BOTTS: My apologies; certified mail. The case was initiated by a lien search. Investigator Reggie Smith on the 7th of December had made a site visit, and he had Page 53 May 26,2011 observed to the residence, additions made to both sides of the home. As you see in the photos, you can differentiate between the concrete that's not painted to the center of the house which is. The property owner, prior property owner -- now Fifth Third Bank Mortgage is the owner. But the prior owner, Mr. Valmer, had pulled a 2007 permit for these additions. The additions include electrical, plumbing, bedrooms, things of that nature, what's going inside them. The permit was never completed. Several inspections had been performed but not all of them, so the permit was not CO'ed; therefore, it was canceled on the 6th of October. It was brought to his attention, I'm not sure how, but he pulled another permit in 2009. N ever any of the inspections completed, so now the 2009 permit has expired. The deed that you had seen or you had mentioned was recorded on the -- November 24,2010, showing that Fifth Third Bank has taken ownership. I was there yesterday. I -- it appears that the residence is still being lived in. There's items throughout the yard as well as, if you look into the additions that have no windows or doors on them, there's items that appear to be still remaining inside. I was not able to contact or speak with anyone there. Several site visits have been made. CD plus -- excuse me. Our software program that we check for permits has been checked, and no permits -- new permits have been issued at this time so the violation . remaIns. MR. KAUFMAN: I'd like to make a motion that a violation exists. MR. LEFEBVRE: Second. CHAIRMAN KELLY: Any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. Page 54 May 26, 2011 MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Motion carries. Do you have a recommendation? MR. KAUFMAN: Before we go there, a couple of quick questions. MS. BOTTS : Yes, sir. MR. KAUFMAN: This -- it looks like somebody put an addition on, got the permits, never finished it. After the permits ran out, they went back to get new permits -- MS. BOTTS: Correct. MR. KAUFMAN: -- which, during that period of time, the -- they probably ran out of money or whatever, and the bank foreclosed on it. MS. BOTTS: Correct. MR. KAUFMAN: Did the foreclosure team have their input into this one? MS. FLAGG: The foreclosure team does work these cases, but the banks typically do not address the properties, even though they may have title, if there's someone living in it. MR. KAUFMAN: Do we know if the old or the existing owner is living in it, or is it somebody else? MS. BOTTS: I had prior history on this property for a recre- -- or excuse me, for a commercial vehicle, and at that time -- it was shortly prior to this case being opened, and at that time it was the old owner. As of right now, I cannot confirm if it was or if it's someone Page 55 May 26,2011 else. CHAIRMAN KELLY: Ready for the recommendation? MR. KAUFMAN: Yes. MS. BOTTS: Okay. The county recommends-- recommendation is to pay the operational costs in the amount of $84.01 incurred in the prosecution of this case within 30 days and abate all violations by: The respondent must obtain all required building permits or a demolition permit, the related inspections, and Certificate of Completion/Occupancy within X amount of days of this hearing or an X amount per-day fine will be imposed for each day the violation remains. 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 to the property owner. CHAIRMAN KELLY: Any questions from the board? (No response.) CHAIRMAN KELLY: How about a motion to accept or -- MR. KAUFMAN: I have one question. The papers that were left for us when we came in, that's on this piece of property, or am I -- MS. BAKER: I believe so, sir. MR. KAUFMAN: So on this one-- CHAIRMAN KELLY: That's a different case. MR. KAUFMAN: This is a different case. Well, I'll take a stab at the recommendation in making a motion. Eighty-four oh one paid within 30 days, 120 days to resolve the situation, or a $200-a-day fine. MR. LEFEBVRE: Second. CHAIRMAN KELLY: Seconded. Page 56 May 26, 2011 Any discussion? (N 0 response.) CHAIRMAN COYLE: All those in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: It carries unanimously. MS. BOTTS: Thank you, gentlemen. CHAIRMAN KELLY: Thank you. With that, that concludes our hearings. Let's go ahead and take a ten-minute break, and we'll be back -- a little more than ten minutes. We'll be back at quarter till 11. (A brief recess was had.) CHAIRMAN KELLY: Okay. I'd like to reconvene the Code Enforcement Board meeting. Moving on, No.5, old business. Letter A, motion for imposition of fines and liens. Case No.1, CEPM20100010050, Philip Brady (sic), IV, and Nancy Bradley --I'm sorry. It's Bradley, not Brady. (The speaker was duly sworn and indicated in the affirmative.) MS. CROWLEY: For the record, Michaelle Crowley, Collier County Code Enforcement. This was a violation of Collier County Code of Laws, Chapter 22, building and building regulations, Article VI, Section 22-231, Subsection 15. Location: 4945 Barcelona Circle, Naples, Florida. Folio No. 63102120003. Page 57 May 26,2011 Description of the violation: Pool water unmaintained and dark in color. Past orders: On November 18,2010, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and was ordered to correct the violation. See the attached order of the board, OR4629, Page 292, for more information. The property is in compliance with CEB orders as of March 8, 2011. The fines and costs to date are described as the following: Order Item No.2 and 4, fines at a rate of$150 per day for the period between December 19, 2010, and March 8, 2011, 80 days, for a total of$12,000. Order Item No. 5A, abatement costs of $1,032.50 have not been paid. Order Item No.7, operational costs of $80.57 have not been paid. Total amount to date, $13,113.07. MR. LEFEBVRE: Motion to impose the fine. MR. KAUFMAN: Second. CHAIRMAN KELLY: Any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Okay. And it carries unanimously. Page 58 May 26,2011 Thank you. MS. CROWLEY: Thank you. CHAIRMAN KELLY: Moving on to Case No. CEPM20110003398, Melissa K. and Joseph L. Barrs. And for the Board, there's an amended -- what do we call this -- the imposition-of- fines page on your desk. (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: Good morning. For the record, Joe Mucha, property maintenance specialist, Collier County Code Enforcement. This is the imposition of fines and lien hearing for Case No. CEPM20110003398 for violation of Collier County Code of Laws and Ordinance, Chapter 22, Article VI, Section 22-232 -- I'm sorry -- Section 22-231 (2). It was a typo. Location is 3815 Estey Avenue, Naples, Florida. Folio number is 26580720004. Description of the violation is an occupied structure that had water disconnected by City of Naples Utilities due to nonpayment of bill. Past orders: On March 23, 2011, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR4670, Page 159, for more information. The respondent has complied with the CEB order as of April 13, 2011. The fines and costs to date are described as the following: Order Item No.1 and 2, fines at a rate of$500 per day for the period between April 1, 2011, through April 13, 2011, 13 days, for the total of $6,500. Order Item No.5, operational costs $80.29 have been paid. Total amount to date is $6,500. CHAIRMAN KELLY: Investigator Mucha, is the affidavit -- affidavit of compliance accurate? Number 2, it says the respondent did May 26, 2011 not contact the investigator. MR. MUCHA: At the time the -- here's what the situation was. I met Mr. Barrs after -- after that date. What had happened was his son was staying in the residence, and I had went back and confirmed that his son had moved out, and then afterward is when I got in touch with Mr. Barrs, and he kind of explained what the situation was. And I'll kind of let him elaborate more on that. MR. BARRS: Yes. Nobody let me know about the fines or anything like that that was presented against me. And when I got a hold of Joe, I went and solved all the problems and closed the place up and everything, and everything's good to go now, so-- CHAIRMAN KELLY: Great. MR. BARRS: -- I didn't know anything about this. The only reason I found out about it, I seen a certified letter, and I went to the Post Office and got it. And I was already dealing with Joe, and Joe told me, well, there were additional fines coming up on you, and I didn't know nothing about it. That's why I'm here today, to see if we can waive these. CHAIRMAN KELLY: So you own the property? MR. BARRS: Right. CHAIRMAN KELLY: You were getting mail service to that property -- MR. BARRS: Right. CHAIRMAN KELLY: -- not another address where you're staying now? MR. BARRS: No, no. And they -- what they was doing, they would grab it and wouldn't let me know about it because they knew I'd been upset. I didn't know they were not paying the water or nothing. And I was thinking everything was okay, and they weren't telling me. I guess they told him they didn't know how to get a hold of me, which that was a lie. CHAIRMAN KELLY: Okay. Page 60 May 26,2011 MR. BARRS: You know, now when I get a hold of him, I solved the problem. MR. LEFEBVRE: This is the case where there was a younger couple -- MR. BARRS: Right. MR. LEFEBVRE: -- living in the house? MR. MUCHA: Correct, sir. MR. LEFEBVRE: And one was -- and it was his son and girlfriend, I would assume. MR. BARRS: Right. MR. MUCHA: Yes, sir. MR. LEFEBVRE: Son's girlfriend, I guess. Okay. The only -- let me ask a question. I guess it's a procedural question. The only time that you will send a certified letter, is it -- when you actually impose a fine? Or when is the first time you send a certified letter to a respondent? MR. MUCHA: We send a certified letter with the Notice of Violation, for the Notice of Hearing, and for this hearing as well. MR. LEFEBVRE: Okay. So he's saying that he's not received any certified letters of Notice of Violation, notice of the hearing, but he did for the fines. MR. MUCHA: Well, what I think happened was, because this was a health and safety issue, it was something that I think I immediately posted and we brought to a hearing right away, within days, so probably by the time he got around to receiving that mail-- MR. BARRS: I didn't know nothing about it. MR. MUCHA: -- he didn't know what was going on. And his son that was staying there was dishonest with me and said he had no way to get a hold of his father, and I just had to take his word for it at the time. And then after his son moved out, he subsequently, like, trashed the place and threw a bunch of furniture and things like that in the Page 61 May 26, 2011 yard, and that's when he got in touch with me and we kind of resolved this whole issue. And he went back in, he secured the property, he cleaned the mess, and he's been keeping it clean since then. MR. LEFEBVRE: I make a motion to abate the fine. MR. MUCHA: Yes, sir. MR. KAUFMAN: Second. MR. LEFEBVRE: Not to cut you off, Investigator. MR. KAUFMAN: Second. CHAIRMAN KELLY: We have a motion and a second. Do you have a comment? Motion, second. Any other comments? (No response.) CHAIRMAN COYLE: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) MR. BARRS: Thank you. CHAIRMAN KELLY: Okay. And it carries unanimously. No fines. Thanks for your help. MR. BARRS: Thank you, sir. CHAIRMAN KELLY: Sorry about all that. MR. BARRS: That's okay. CHAIRMAN KELLY: Next is Case No.3. It's going to be the Audubon Center of Naples, Case CESD20100006494. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KELLY: Could you state your name for the record Page 62 May 26, 2011 and your relationship to the Audubon. MR. DELGADO: Frank Delgado, Summit Management. We manage the property for the Audubon Center, LLC. I was here on the initial-- CHAIRMAN KELLY: I remember. Because this is a new day and everything, if you could just state again, please, that you have the authority to speak on their behalf. MR. DELGADO: I do have the authority to speak on their behalf. CHAIRMAN KELLY: Thank you. MS. PULSE: For the record, Dee Pulse, Collier County code enforcement investigator. This is in relationship to violation, Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 1 0.02.06(B)(1)( e), and 1 0.02.06(B)(1)( e )(i). Location: 15495 Tamiami Trail North, Unit 111, Naples, Florida. Folio No. 22493000129. Description: Interior door that was installed that required breaking down a portion of the firewall to create an opening to combine Units 110 and 111 without first obtaining proper Collier County permits. Past order: On January 27,2011, the Code Enforcement Board issued findings of fact, conclusion of law and order. The respondent was found in violation of referenced ordinances and ordered to correct the violation. See the attached order of the board, OR4651, Page 605, for more information. The respondent has complied with the CEB orders as of April 18, 2011. The fines and costs to date are described as the following: Order Item No.1 and 2, fines at a rate of$100 per day for the period between March 29,2011, and April 18, 2011, 21 days, for a total of $2,100. Page 63 May 26, 2011 Order Item No.5, operational costs of $82 have been paid. Total amount to date, $2,100. CHAIRMAN KELLY: Okay. It was -- it went over by 21 days. I mean, it was just -- MR. DELGADO: Well, I'd like to remind the Board, at least in regards to this, it was -- we had the work completed before our initial hearing. The permit dates, which are on record with the county, we submitted in February. It was extended almost 30 days. We didn't get a release of the permit until the end of March, March 29th. Our work was actually already done. We were inspected and finished with the project within days of the release of the permit. We just -- in that same period of time, that tenant subsequently abandoned the space. We got into a much more complicated issue with securing the space, putting it back to occupiable, and the landlord has been working with the fire department, Collier County code -- building departments, trying to get all of the other items that have come up since that time -- this was all on at the same time we were waiting for this permit to release. So I'm just asking for a little bit of MR. LEFEBVRE: Make a motion to abate. MR. KAUFMAN: Second. CHAIRMAN KELLY: Any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? Page 64 May 26, 2011 (No response.) CHAIRMAN KELLY: And it carries unanimously. I'm glad that the owner has someone good watching over them. MR. DELGADO: We're trying. CHAIRMAN KELLY: Thank you. MR. DELGADO: Appreciate it. Thank you very much. MS. PULSE: Thank you. CHAIRMAN KELLY: Thank you. Okay. Next case is going to be Carlo and Diana DeLeon; it's CESD20 1 0000500 1. (The speaker was duly sworn and indicated in the affirmative.) MS. BOTTS: For the record, Azure Botts, investigator for Collier County Code Enforcement. This is in reference to case numbers -- Case No. CESD201000005001 (sic). Violations: Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 and Sections 110.1, Ordinance 04-41, as amended, the Collier County Land Development Code Section 1 0.02.06(B)(1 )(a). Location: 5210 Jennings Street, Naples, Florida. Folio 62310440000. Description: Permit No. 2000010167 for the addition of a garage and Florida room has expired. Past orders: On February 24, 2011, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR4656, Page 2352, for more information. The respondent has not complied with the CEB orders as of May 26, 2011. The fines and costs to date are described as the following: Order Item No.1 and 2, fines at a rate of $250 per day for the period Page 65 May 26, 2011 between April 26, 2011, to May 26, 2011, 31 days, for the total of $7,750. Fines continue to accrue. Order Item No.5, operational costs of$81.15 have not been paid. Total amount to date, $7,831.15. MR. KAUFMAN: Motion to impose. MR. LEFEBVRE: Second. CHAIRMAN KELLY: Any discussion? (N 0 response.) CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: It carries unanimously. MS. BOTTS: Thank you. CHAIRMAN KELLY: Thank you, Azure. Okay. The next case is going to be James and Julia Askey, Case CESD201 00008859. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KELLY: Would you like to read the imposition into the record, please. MS. PEREZ: Yes, sir. For the record, Collier County Code Enforcement, Cristina Perez. This is in reference to CEB Case No. CESD2010008859 (sic). Violations: The Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 7920 Friendship Lane, Naples, Florida. Folio No. Page 66 May 26, 2011 00101040008. Description: Mobile home on property without Collier County permit. Past orders: On February 24, 2011, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR4656, Page 2329, for more information. The respondent has not complied with the CEB orders as of May 26, 2011. The fines and costs to date are described as follows: Order Item 1 and 2, fines at the rate of $200 per day for the period between April 26, 2011, through May 26, 2011, 31 days, for a total of $6,200. Fines continue to accrue. Order Item No.5, operational costs of$80.29 have not been paid. Total amount to date, $6,280.29. CHAIRMAN KELLY: Okay. Thank you. Hi. Good morning. MS. PASKANIK: Hi. My name's Tisha Paskanik.l'm here on behalf of my mother, Julie Askey. I live at the residence. The property is technically mine. They bought it for me 13 years ago. In the last two years my mother has had to take over the payments due to the fact I have been out of work. I did construction here, and construction is not going on anymore. So -- but, basically, I haven't been able to get permits for the new mobile home that was put on there, basically due to financial hardship. I mean, I just had a baby, unexpected, last thing, and I just -- I don't have the extra funds right now to come up with the money for the permitting. So, I mean, the mobile home was given to me. It was moved -- I moved out an old mobile home that was unlivable and put that there in its place and did -- you know, got it so that we could stay there. Page 67 May 26,2011 As of right now, I'm not living in it. My children moved out. They were living in the other mobile home, so I don't -- there's at this present -- at this present time there's nobody living in it. But we do want to try to get it so that my mom can live in there. I mean, we're trying to all, like, kind of pile our resources together just to get through, you know, the economy right now, so-- MR. L'ESPERANCE: What will be the cost of the permits that might be required? Do you have any idea? MS. P ASKANIK: It's roughly about $600, unless it's more than that. I don't know. But I believe it will be about $600, so -- MR. L'ESPERANCE: Do you foresee the possibility of being able to obtain the $600 for the permits? MS. P ASKANIK: Eventually, I'm hoping so, yes. Just -- things just are really difficult right now as far as, like, you know, there's no work. I mean, I did swimming pool construction, which is extremely limited. I mean, I know regular construction is picking up, but everybody's not throwing a pool in the backyard anymore, and right now just -- I just had the baby, and it's just -- times are extremely difficult, so -- MR. L'ESPERANCE: Could there be some community resources that might be available to assist this person? Anybody have any ideas? CHAIRMAN KELLY: Health and Human Services may have something available for you. MS. PASKANIK: Okay. CHAIRMAN KELLY: I'm sorry. It's now Health, Veteran, and Human Services. I forgot. But there are some avenues. MS. P ASKANIK: I wasn't aware of anything, so -- MR. LEFEBVRE: I'd like to make a motion that we extend this or withdraw it, if we can, for 60 days, and if she can explore the avenues possible -- MR. L'ESPERANCE: Second that motion if necessary. Page 68 May 26, 2011 MR. LEFEBVRE: -- with the agreement it remain vacant for this period. MS. PASKANIK: Right. MR. LEFEBVRE: If that's possible. MS. BAKER: The county will withdraw and bring it back at a later date. CHAIRMAN KELLY: Okay. Basically what it means is we're not going to impose the fines today. Instead, the county has agreed to withdraw this case. MS. PASKANIK: Okay. CHAIRMAN KELLY: What that means is they're going to give you some time to investigate other options. MS. PASKANIK: Okay. CHAIRMAN KELLY: But keep in mind that although they withdrew imposing the fines, they are technically still accruing. MS. P ASKANIK: Right. CHAIRMAN KELLY: Okay. So we have this chunk of money that may eventually become due. So keep that in mind. You know, diligence to keep it going would be great. MS. PASKANIK: Okay, thank you. MR. LEFEBVRE: Jen? MS. BAKER: Yes, sir. No earlier than 60 days. MR. LEFEBVRE: Okay. Is there someone within code enforcement that possibly can put her in touch with an agency that can MS. BAKER: Yes. MS. FLAGG: The supervisor will take care of that. MR. LEFEBVRE: Okay. Thank you. CHAIRMAN KELLY: Congratulations. MS. PASKANIK: Thank you very much. CHAIRMAN KELLY: All right. Next case, since that one was withdrawn, is Marco and Rosalba Chavez, CESD200900 18083. Page 69 May 26, 2011 No respondent. (The speaker was duly sworn and indicated in the affirmative.) MS. BOTTS: For the record, Azure Botts, investigator with Collier County Code Enforcement. This is in reference to Case No. CESD20090018083. Violations: Florida Building Code, 2007 edition, Chapters 1, Sections 105.1, building and land alteration permits in Ordinance 04-41, the Collier County Land Development Code, as amended, Section 1 0.02.06.(B)(1 )(a). Location: 5305 Confederate Drive, Naples, Florida. Folio No. 62043160000. Unpermitted structures built in the rear yard of residential property . Past order: On February 24, 2011, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR4656, Page 2350, for more information. The respondent has not complied with the CEB orders as of May 26, 2011. The fines and costs to date are described as the following: Order Item 1 and 2, fines at a rate of $250 per day for the period between April 26, 2011, to May 26, 2011, 31 days, for the total of$7,750. Fines continue to accrue. Order Item No.5, operational costs of $80.86 have not been paid. Total amount to date, $7,830.86. MR. KAUFMAN: Motion to impose. MR. LEFEBVRE: Second. CHAIRMAN KELLY: Motion and a second. Any discussion? (No response.) CHAIRMAN KELLY: All in favor? Page 70 May 26,2011 MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Motion carries unanimously. MS. BOTTS: Thank you. CHAIRMAN KELLY: Okay. And the last case -- oh, no, two more. Sorry. Next case is going to be Senen Lugo, CESD200900 19403. (The speaker was duly sworn and indicated in the affirmative.) MS. PEREZ: For the record, Collier County Code Enforcement, Cristina Perez. Violations of Collier County Code of Laws, Chapter 22, Article II, Section 22-26B, 104.1.3.5 Florida Building Code, 2007 edition, Chapter 1, Section 111.1, Building and Land Alteration Permits in Ordinance 04-41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a). Location is 4287 12th Ave. Northeast, Naples, Florida. Folio number is 40475200000. Description is unpermitted improvements to master bedroom and bathroom prior to obtaining Collier County approval, necessary inspections, and Certificate of Completion. Fence with expired Collier County Building Permit. Past orders: On February 24,2011, the Code Enforcement Board issued a finding of facts, 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, OR4656, Page 71 May 26, 2011 Page 2329, for more information. The respondent has not complied with the CEB orders as of May 26, 2011. The fines and costs to date are described as follows: Order Item No.1 and 2, fines at the rate of$250 per day for the period between April 26, 2011, through May 26,2011,31 days, for a total of$7,750. Fines continue to accrue. Order Item No.5, operational costs of $83.43 have not been paid. Total amount to date, $7,833.43. MR. KAUFMAN: Motion to impose. MR. MARINO: Second. CHAIRMAN KELLY: Seconded. Any discussion? (No response.) CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: Motion carries. And the last case is going to be Lisa Renee Prince, CESD20100006466. (The speaker was duly sworn and indicated in the affirmative.) MS. PEREZ: For the record, Collier County Code Enforcement, Cristina Perez. Violations of the Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 in Ordinance 04-41, the Collier County Land Page 72 May 26, 2011 Development Code, as amended, Section 10.02.06(B)(1)(a), and Section 1 0.02.06(B)(1)( e )(i). Location is 4105 20th Ave. Southeast, Naples, Florida. Folio No. 41230040006. Description is an enclosed garage and added more living space to the principal structure. Past orders: On February 24,2011, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR4656, Page 2341, for more information. The respondent has not complied with the CEB orders as of May 26, 2011. The fines and costs to date are described as follows: Order Item No.1 and 2, fines at the rate of $200 per day for the period between April 26, 2011, and May 26, 2011, 31 days, for a total of $6,200. Fines continue to accrue. Order Item No.5, operational costs of $82 has not been paid. Total amount to date, $6,282. MR. KAUFMAN: Motion to impose. MR. LEFEBVRE: Second. CHAIRMAN KELLY: All right. Seconded. Any discussion? (No response.) CHAIRMAN COYLE: All those in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. Page 73 May 26,2011 CHAIRMAN KELLY: Any opposed? (No response.) CHAIRMAN KELLY: It carries unanimously. MS. PEREZ: Thank you. CHAIRMAN KELLY: Thank you, Cristina. There's no new business, I see. The consent agenda, there was nothing to forward to the attorney's office. Any reports? MS. FLAGG: Of course. As of April 2011 -- and we started tracking this January of 2008 -- there have been 22,272 lis pendens or foreclosures filed in Collier County. Through May 22nd, the banks have expended $2,119,200 to abate 1,915 code violations. In addition -- as you know, every week we monitor performance statistics for the department. And the week ending May 15, there were 188 new code cases opened in that one week. There were 630 property inspections completed that week. There were 99 cases closed with voluntary compliance. There were 121 lien searches. Remember that's the program that we started with Naples Area Board of Realtors, and of those 121 lien searches, 6 of them revealed that there were open code cases, so that obviously saved the buyers some real issues. And the average number of code cases that the investigators are investigating at this point is 47 cases per investigator. The department members participated in a foreclosure workshop this past week with the Foreclosure Task Force of Collier County. Collier TV just finished filming a segment that will be on the government channel for the Blight Prevention Program. And in closing, we have a new supervisor, Ralph Bosit (phonetic), was that dapper young man that was sitting in the back. He is -- has been promoted from investigator to investigative supervIsor. CHAIRMAN KELLY: Congratulations to him. Page 74 May 26, 2011 That's staggering numbers when you think about the foreclosures and everything your team's able to handle in a week. That's incredible. Any other comments? MR. KAUFMAN: I think you forgot to mention that you were before the County Board of Commissioners to accept their congratulations this week. MS. FLAGG: There was -- on Tuesday the Board of County Commissioners gave the department a proclamation for Code Enforcement Week. Yes, thank you. MR. MARINO: I also want to thank Diane for taking care of something with another part of the business in the county with the limousines and taxis. She jumped right on it, and people are out there doing their job. CHAIRMAN KELLY: Excellent. Thank you. The next meeting date is going to be June 23, 2011. I think we're back here in the chambers, correct? MS. BAKER: I believe so, yes. CHAIRMAN KELLY: If there's nothing else, I'll entertain a motion to adjourn. MR. KAUFMAN: Motion to adjourn. MR. LEFEBVRE: Second. MR. LA VINSKI: Third. CHAIRMAN KELLY: All in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. MR. KAUFMAN: Aye. CHAIRMAN KELLY: Aye. MR. LA VINSKI: Aye. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. CHAIRMAN KELLY: Any opposed? Page 75 May 26, 2011 (No response.) CHAIRMAN KELLY: All right. See you next month. ****** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11: 18 a.m. COLLIER COUNTY CODE ENFORCEMENT BOARD KENNETH KELLY, Chairman These minutes approved by the Board on or as corrected , as presented TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 76