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Agenda 09/08/2015 Item #16A319/8/2015 16.A.31. EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $37,500, in the code enforcement action entitled Board of County Commissioners v. J. Peaceful, L.C., Code Enforcement Board Case No. CESD20090012961, relating to property located at 7770 Preserve Lane, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a code enforcement lien with an accrued value of $37,500, in relation to Code Enforcement Board Case No. CESD20090012961. CONSIDERATIONS: As a result of a code violation at 7770 Preserve Lane, which consisted of alterations made to a structure without obtaining required permits, the Code Enforcement Board ordered the imposition of a lien against J. Peaceful, L.C. in Case No.CESD20090012961. The lien was recorded in the Official Records on July 7, 2010, at O.R. Book 4583, Page 2809, and it encumbers all real and personal property owned by J. Peaceful, L.C. The lien amount of $37,500 is based on 375 days of accrued fines ($100 per day from February 23, 2010 through March 4, 2011). The property was brought into compliance on March 4, 2011. J. Peaceful, L.C. purchased the property on May 25, 2001. According to the Board minutes of September 28, 2010, the Board gave the owner six months to abate the violations and upon doing so, staff was to bring back the item on the consent agenda to waive the accrued fines. While the violations were corrected within six months, for reasons unknown, the item was never brought back to the Board for waiver of the accrued fines. There is a contract for sale for this property and the code violation and accrued fines is showing on the title work, even though the violation was abated in March of 2011. Pursuant to Resolution No. 2012 -46, a request for waiver of fines may be considered when a code enforcement lien encumbers property that is under new ownership and compliance has been achieved. The property is being actively maintained and the owner is requesting a waiver of $37,500 in accrued fines. FISCAL IMPACT: There is no fiscal impact. Operational costs of $86.14 were paid in November of 2009. If approved by the Board, accrued fines in the arnount of $37,500 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and approved it as to form and legality. Majority support is required for approval. This item conforms to the Board's policy contained in Resolution 2012 -46. KN [I 5-CED-01 049/1203207/1 1 Packet Page -818- 9/8/2015 16.A.31. RECOMMENDATION: That the Board waive the fines in the amount of $37,500 pursuant to Board minutes of September 28, 2010, release the lien, and authorize the Chairman to sign the attached release and satisfaction of lien for recording in the Official Public Records. Prepared by: Jeff Wright, Department Director, Code Enforcement Division, Growth Management Department Attachments: 1) Release and Satisfaction of Lien, 2) Lien Order and 3) Board minutes of September 28, 2010 [I 5-CED-01 049/1203207/1 ] Packet Page -819- 9/8/2015 16.A.31. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.31. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of $37,500, in the code enforcement action entitled Board of County Commissioners v. J. Peaceful, L.C., Code Enforcement Board Case No. CESD20090012961, relating to property located at 7770 Preserve Lane, Collier County, Florida. Meeting Date: 9/8/2015 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Growth Management Department 8/19/2015 3:21:30 PM Approved By Name: WrightJeff Title: Division Director - Code Enforcement, Growth Management Department Date: 8/19/2015 3:58:30 PM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 8/20/2015 2:52:55 PM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 8/20/2015 2:53:23 PM Name: WilkisonDavid Title: Department Head- Growth Management Dept, Growth Management Department Date: 8/21/2015 8:39:55 AM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 8/21/2015 1:37:02 PM Name: KlatzkowJeff Title: County Attorney, Packet Page -820- Date: 8/21/2015 2:51:34 PM Name: IsacksonMark 9/8/2015 16.A.31. Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 8/24/2015 11:35:25 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 8/24/2015 12:42:11 PM Packet Page -821- 9/8/2015 16.A.31. This Instrument Prepared By: Jeff Wright Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252 -2440 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and personal property owned by: J. Peaceful, L.C., Respondent The lien was recorded on July 7, 2010, in Official Records Book 4583, Page 2809, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of twelve thousand two hundred dollars and zero cents ($12,200), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as approved by the Board of County Commissioners as satisfaction of the lien and hereby cancels and releases said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Date: By. Deputy Clerk Tim Nance, Chairman Approved as to form and legality Kevin Noell Assistant County Attorney CESD20090012961 Date: Packet Page -822- INSTR 4450023 OR 4583 PG 2809 RECORDED 71712010 11:33 AM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20090012961 vs. J. PEACEFUL, L.C. Respondent ORDER IMPOSING FINEuEN THIS CAUSE came on for public 11AA _ Respondents at which time the Board he ss ny under oath, refit and Conclusions of Law and thereuponissie, is oral Order which was 2009 and furnished to Respondents and way rePmted-inthsTubli, c tea PG 2540, et. seq. on November 5, 2009. An Affidavit of Non- Com0ar February 23, 2010, which Affidavigcerl ordered. 1 Accordingly, it having been\�v6 ght to the Board's Order dated October 28, 2010, it is hei .., 9/8/2015 16.A.31. 22, 2009, after due notice to mce, and issued its Findings of Fact to writing on October 28, 2009, d tier County, Florida at OR 4506, Enforcement Official on :tion has not been taken as have not complied with the ORDERED, that the Respondent; IrPeaceful, L.C., pay to Cy tt: �rittty fines in the amount of 512,200 (Order Item 2) at a rate of $100 ]day for the �' FehzuSZy,. 2a-, 2gb�hr` ugh June 24, 2010 (122 days). The operational costs have been paid.'.. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondents come into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de nova, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day 2010 at Collier County, Florida. sf i ` A rf?$ th l Hlra� r CE" FY-. � ! lo :orrect CM aor,�b 9oard,.Mir1t7IS3''ir nTfiFlCv� ti�,� . t�01'�0�' >rss teat this CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 till Packet Page -823- * ** OR 4583 PG 2810 * ** 9/8/2015 16.A.31. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thi _ day of�� , 2010, IA-Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is V personally known to me or who has produced a Florida Driver's License as idSrxU CHWNALURBAN MIG ETFcATE OTARY PUBLIC MY 00 G61S8IM I M7t�539 y commission expires:_ EXPIRES: November 22.2011 em>ae my tin wwc u�aen�a� OF SERVICE I HEREBY CERTIFY that a true and co y RDER has been sent bvz U. S. Mail to J. Peaceful, L.C., c/o George Chami, 7675 M e1 t R , 34109 this � day of -R 2010. f ►�. Jea wson, Esq. `, i o ar o. 750311 i Forth T miami hail, $te. 208 n A0 t Packet Page -824- 9/8/2015 16.A.31. September 28, 20 1 U CHAIRMAN COYLE: Thank you very much. MR. OCHS: Commissioners, Item 6D is also continued to your next meeting. Item #9A J. PEACEFUL L.C. 7770 PRESERVE LANE — REQUEST FOR 12 PARKING SPACES — MOTION (AS THE BOARD OF ZONING APPEALS) TO RECOGNIZE THE USE OF UHAUL RENTALS AS AN ALLOWABLE USE AND SPACES ALLOWED PER THE LDC — APPROVED AND MOTION (AS THE BCC) TO GIVE PETITIONER 6 MONTHS TO RESOLVE CODE CASE AND THEN BCC COULD CONSIDER WAIVING FEES — APPROVED MR. OCHS: That would move us to Item 9 on your agenda, sir, 9A. This item continued from the July 27, 2010, BCC meeting. J. Peaceful L.C., 7770 Preserve Lane, request for 12 parking spaces. This item was brought by Commissioner Henning. COMMISSIONER HENNING: Thank you. At our last discussion item for this, there was concerns about a number of parking spaces. There was concerns about landscaping. I have a site plan, and I'll be happy to share with the other commissioners. The building and its use has a calculation for parking spaces, retail uses, office use, postal office, market, bakery, cleaning, kitchen restaurant, storage, interior. There's a total of 56 spaces, and the number of spaces allocated to the required uses is 40, so that's 16 extra spaces that can be used for other businesses. Also it was provided to me by staff that under the PUD language under permitted uses included personal self - storage center group under SIC 4225. 4225, under our Land Development Code, is a C -4 use permitted, or a conditional use under it. Also under the PUD it states, Page 37 Packet Page -825- 9/8/2015 16.A.31. September 28, 2010 any other commercial uses or professional services which are comparable in nature with the foregoing use and which the development service director finds it compatible with the district. And I understand staff doesn't have an issue with this. There is a self - storage unit right behind the -- where the U -Hauls are being utilized today. There's one other issue that I really don't think that we need to address because it's under code enforcement. A prior tenant did some site work that is confused about the -- whether it was issued a permit. The owner of the property is taking care of the issue with that, getting -- obtaining the permits. The previous engineer of record passed away, so the owner needed to get a new engineer and is going through the process of cleaning it up, taking it to code enforcement, and let the Code Enforcement Board rule on that. That's a separate issue. Originally brought this up for the use of U- Hauls. And I can tell you there are people in the area -- and in fact, somebody that I know -- that went down there to pick up a U- Haul. So I think the board previously, Mr. Klatzkow, recognized that this is a use within the PUD? MR. KLATZKOW: The board has the ability, sitting as a Board of Zoning Appeals, to find that this use is compatible within the PUD. COMMISSIONER HENNING: Okay. And would that be necessary to have a motion on that? MR. KLATZKOW: Yes. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: You want to hear from the speakers? The speakers are not doing the petition on their own? This is your petition? COMMISSIONER HENNING: It's actually a -- not a petition. It's just trying to keep somebody in business up there. CHAIRMAN COYLE: Okay. We have a -- two public speakers, Page 38 Packet Page -826- 9/8/2015 16.A.31. September 28, 2010 I believe. MR. OCHS: No, just one speaker. CHAIRMAN COYLE: One public speaker. Okay. MR. MITCHELL: Michael Saadeh. MR. SAADEH: Good morning, Commissioners. Just briefly. I've approached Commissioner Henning to try to place the item on the agenda. I'm not a lobbyist today. I'm at a capacity -- I've never been a lobbyist. I'm just here as a capacity as a friend of Mr. Chami. I've seen him go through some hardships with his business, some of it with, you know, permitting issues, others with just financial issues. And he recently had some family tragedy as well. His mother passed away last couple weeks, so I've offered to come in and help him and get this thing squared away. Realize he doesn't have a lot of time himself based on his schedule, trying to support the business and his family, so I volunteered to walk through the items with the staff and with the board and continue on the other issue that was brought up separately, this code enforcement. I'm trying to help him get the engineer in place and get the permits in place to clean that up and see it through fruition. Again, as just a -- as a friend and as a concerned citizen. I have no financial or vested interest in this whatsoever. So I ask you today to please focus on the item at hand with the spaces having 16 spaces more than Nvhat's required for the use would be more than ample to allow him 12 spaces utilized for U -Hauls so he can continue to run that business through his business. Otherwise, if you have questions, I'll be happy to entertain anything you have. CHAIRMAN COYLE : Okay. Thank you. Commissioner Hauas was first, I think. COMMISSIONER HALAS: I understand the concern here, but Mr. Chami has basically, in the past, has not been cooperative in getting some of the issues taken care of. I think that before I can vote Page 39 Packet Page -827- 9/8/2015 16.A.31. September 28, 2010 for this thing in a positive manner, that if he gets the other two code cases taken care of, then I -- for all practical purposes, I would then vote in favor of the additional parking spots, but I believe that that should be taken care of first. Whether or not -- because of the past experiences we've had, and -- so if he can get those taken care of, then comes back, then we'll -- or gets it taken care of and it's assured by staff it's done, then I can vote for the parking spots. But I can't vote for the parking spots with these two outstanding code cases. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. And I hear you. I think that was part of the concern when it came before us before was the code violation cases and the fact that they weren't being resolved; however, with that said, we're in unusual circumstances that prevail out there as far as our business community and trying to survive in this very difficult climate. What I would suggest, when the time does come for a motion, that we offer him a six- months' ability to be able to do business as he amends the other code cases, then it would come back to us for review at six months whether we can continue it. If he has completed the code cases and they're no longer an issue, it could be put on the consent agenda, and then we'd be done with it, and he'd be able to proceed, and this way he'd be able to go forward now as he works his way through taking care of the code cases, with the understanding that within six months, if he didn't do it, it would become part of our regular agenda and he would be back before us again. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Well, first let me ask what Commissioner Henning feels about that proposal. COMMISSIONER HENNING: Well, Commissioner, right now the -- there was a ramp that was put in that created the code case, and other things. It had to deal with a particular businessperson within the Page 40 Packet Page -828- 9/8/2015 16.A.31. September 28, 2010 building who is no longer there. Correct me if I'm wrong, in order for him to fill that space that was previously rented, he's still going to have to comply with the code cases prior to renting it out? MR. OCHS: Yes, sir, that is my understanding. COMMISSIONER HENNING: And so no matter what, he has an incentive to correct those items in order to rent it out. This issue with the U -Hauls is an ancillary use to a service station, gas station, or whatever. You know, if the board wants to, if they're leaning more towards not ruling on this until he fixes the code case up to six months, I'd rather continue the item. But I know Mr. Chami has been here quite a number of times, and I would like to get it off the books and let staff and Mr. Chami work out those code issues. CHAIRMAN COYLE: Could I get an explanation as to where we are with respect to that? Mr. Saadeh, you want to speak on behalf of Mr. Chami for this issue? MR. SAADEH: Commissioner, my understanding is -- not that it's relevant -- but there's only one case, not two. CHAIRMAN COYLE: Okay. MR. SAADEH: And the code case right now is making that space that was utilized for pool services back up to code and get the proper permits after the fact and whatever. You know, actually, you know, we have no objection to Mr. Coletta's motion as long as he can continue to operate for six months. We're more than confident that the code case will be resolved way -- you know, by the six -month time or sooner, and then it can go on the summary agenda or executive or, you know, whatever agenda you would want without having to have another meeting on it. That would be acceptable. There's only one code case. CHAIRMAN COYLE: Yeah. I -- like some of the others, I am tired of hearing this case, and I also don't want to create an undo Page 41 Packet Page -829- 9/8/2015 16.A.31. September 28, 2010 financial burden on Mr. Chami's business, particularly during today's economic problems. And I'm sure he's -- would be just as happy not to come back. MR. SAADEH: Sure. CHAIRMAN COYLE: But I'm looking for a way where we can meet the requirements of all the commissioners so that we can get this out of the way, and one of those might be, if we said, okay, you can use 12 parking spaces -- you have an additional 12 parking spaces to use. Is he asking that it be used specifically for U -Haul trucks? MR. SAADEH: No, sir. He's just trying to comply with what the staff is saying, that -- to have the U -Haul use, we would like you to have, you know, additional spaces earmarked. That's the reason he did the study, and they realized that he's got 16 spaces available that were extra over and above what's required. CHAIRMAN COYLE: Okay. So -- MR. SAADEH: So as long as staff is satisfied, we have no problem with it. CHAIRMAN COYLE: If we were to recognize that there are adequate parking spaces there for his contemplated business, then that would be -- that would solve one problem; is that correct? MR. SAADEH: Yes, sir. That's my understanding. CHAIRMAN COYLE: Let's take these in sequence. Nick, tell us about it. MR. CASALANGUIDA: I'm trying to help you if I can, Commissioners. I hope I don't make it worse. There are two existing code cases. One is for the land use item, which you as the Board of Zoning Appeals can make a call on that. The other one is a building permit violation. Both of them are accruing fees as we speak. He has hired a new engineer. Staff has spoken with the new engineer. They're hoping to submit next week on that, and then we'll go through the review process on the building permit. Page 42 Packet Page -830- 9/8/2015 16.A.31. September 28, 2010 Just approving the parking spaces, you'd have to do that as the Zoning Board of Appeals. And in doing so, it would go back to the Code Enforcement Board, and that case would just disappear. It would be found in error because you approved the use. Then the other issue, he would just go through the building permit process. Now, the other issue on the building permit, it's accumulating fees, and so the board has some, I would say, leverage in the sense that he's going to ask for those fees to be waived when he comes into compliance. And if he doesn't do that anytime soon, then the board has the discretion not to want to waive those fees. So I think he has some incentive to come forward. And by talking to his engineer, he's working on the project. So you could grant that Zoning Board of Appeal's decision that it's a legal use, and then let him know that if he doesn't expediously (sic) work towards fixing that building permit issue, that you're not going to be that lenient on waiving any fees, if there are any. CHAIRMAN COYLE: Could we specify if he -- if he solves the cases, the code cases, within a specified period of time, there will be no fees? MR. CASALANGUIDA: I think he -- you could. CHAIRMAN COYLE: Tell us what a reasonable period of time is. MR. CASALANGUIDA: In fairness to both parties, I would say let's give him six months. Sir? COMMISSIONER HALAS: How much -- why would we want to give him six months? Can't he just pay the permit, and then we can move on with this? MR. CASALANGUIDA: He's going to have to submit the permit plans. There could be review comments, and we want to work with him on that. You could be less than six months. You could go Fa.ge 43 Packet Page -831- 9/8/2015 16.A.31. September 28, 2010 three just to keep him -- you know, hold everybody's feet to the fire. We would review it quickly. But a set of plans will come in, and we'll review them. And based on comments we've given him, they should be clean. But you could go as little as three. COMMISSIONER HALAS: Because I feel that if we go ahead and give him the opportunity to use those spaces today, then it's like, how are we going to hold his feet to the fire in regards to this? I think what he needs to do is get this taken care of with the idea that as soon as it's taken care of, he then gets his 12 parking spots for his U -Haul trailer. MR. CASALANGUIDA: It's the board's decision. CHAIRMAN COYLE: Well, one of the ways to hold his feet to the fire is with the code enforcement fees that are coming up. If we say to hire that we'll waive those fees if he gets it done within a certain period of time, that's -- that is substantial incentive for him to get it done, I believe. Would the staff agree with .that? MR. CASALANGUIDA: I would agree with that, sir. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Okay. We need to bring this to some sort of conclusion. We've got two different paths we can go on. One would be -- the simple one would be, within six months to resolve this. And if it's resolved, then it would be on the consent agenda recognizing that fact to go forward. We could also include in there that we would waive the fees that was -- the -- what do you call it, the fines -- CHAIRMAN COYLE: Yeah. COMMISSIONER COLETTA: -- the penalty fees, as part of that -- as that one continuous motion. And I'm a little reluctant to make that motion without hearing from my fellow commissioners. But I think that would encompass everything in there in one and help us move this forward, you know, to give him the incentive to go Page 44 Packet Page -832- 9/8/2015 16.A.31. September 28, 2010 forward. I don't want to see us take away those spaces and tell him that when he gets everything done he can have them back. It may be the straw that breaks the camel's back if we do that. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Yeah. - Let me make a motion and see where it goes. Acting as the Board of Zoning Appeals, I make a motion that we recognize the use of U -Hauls within this PUD in a particular parcel not to exceed any parking spaces per our Land Development Code. It's very important. And acting as the Board of Commissioners, to give Mr. Chami u to six months to straighten out the code case, and staff would bring that ack at a further time and -- for the oar s consi eration to waive th o a t es care o t e use an e concerns about the c© e case. COMMISSIONER COLETTA: I don't have a problem with the motion. Just one thing. If we have to come back to consider waiving them at the end of the six -month period, then that's another step that we get involved in the whole process, and would that really be necessary? I mean, if he complies, can't we just say now would be the time that we direct staff that, if he does complete it within six months, that those fees would be waived? COMMISSIONER HENNING: I believe that we've had these similar issues on the agenda previously -- correct me if I am wrong, Leo -- that we need to take action on code cases? MR. OCHS : Yes, sir. They typically come under your consent agenda when the board makes at o ecision on a fee waiver. COMMISSIONER HENNING: So is my motion proper to the -- what we have done in the past? MR. OCHS: Yes, sir. It's consistent on the code issue. COMMISSIONER HENNING: Okay. COMMISSIONER COLETTA: IT be happy to second your Page 45 Packet Page -833- 9/8/2015 16.A.31. September 28, 2010 motion with the -- with the premise that if it fails, I'd like to make a different motion. COMMISSIONER HENNING: Okay. CHAIRMAN COYLE: Okay. Could I ask for a clarification of the first motion? And let's try to take these -- now that we've got an understanding of what they're both going to say, we'll, of course, have to take them separately. Bit if we'd just take the first one with the board acting as the Board of Zoning Appeals. COMMISSIONER HENNING: And your question is? CHAIRMAN COYLE: What -- would you clarify the first motion? COMMISSIONER HENNING: Well, the first one is to recognize that U- Hauls, rental trucks, is an allowable use within the PUD. CHAIRMAN COYLE: Okay. And that does or does not deal with the allocation of parking spaces? Will it solve the concern about the parking spaces? COMMISSIONER HENNING: Yes. And it also -- CHAIRMAN COYLE: Does everybody agree? MR. KLATZKOW: He's allowed the number of parking spaces under the LDC. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: And he can't exceed them. MR. KLATZKOW: He cannot exceed them. CHAIRMAN COYLE: All right. Commissioner Fiala? COMMISSIONER FIALA: I would just like to -- you don't need to include this in your motion, but I would like to say to Mr. Chami, , and especially Michael, that it would certainly look very good for Mr. Chami if he managed to get this done in less than six months. It would show his interest in doing that, and also to keep his property looking good, especially that landscaping, rather than let it deteriorate again. Page 46 Packet Page -834- 9/8/2015 16.A.31. September 28, 2010 MR. SAADEH: Absolutely. COMMISSIONER FIALA: Just wanted to put that on the record. COMMISSIONER HENNING: By the way, it does look really nice. COMMISSIONER FIALA: Right now it does. CHAIRMAN COYLE: Let's take the first motion, okay. There's a motion to -- for the Board of Zoning Appeals to make a ruling that U-Haul use is consistent in this PUD, is a consistent use within this PUD, and it's made by Commissioner Henning and seconded by Commissioner Coletta. COMMISSIONER COLETTA: Question? CHAIRMAN COYLE: Okay, question. Go ahead. COMMISSIONER COLETTA: Does it take three or four votes to make this pass? MR. KLATZKOW: Three. COMMISSIONER COLETTA: Okay. Thank you. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Okay. It passes 4-1 with Commissioner Halas dissenting. Now let's take the second motion. COMMISSIONER HENNING: Well, the second motion is demand that Mr. Chami brings the code case to closure within six months and direct staff to put it on our agenda within that six-month period, and for the board's consideration to waive those fees once the Page 47 Packet Page -835- 9/8/2015 16.A.31. September 28, 2010 code case is closed. COMMISSIONER COLETTA: I'll second that if you change demand to require. COMMISSIONER HENNING: Require. That's an amendment. -CHAIRMAN COYLE: Okay. Motion by Commissioner Henning, second by Commissioner Coletta. Any discussion? (No response.) CHAIRMAN COYLE: All in favor, please significant by saying In aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Okay. It passes 4-1 with Commissioner Halas dissenting. MR. SAADEH- Thank you very much for your time. CHAIRMAN COYLE: I hope we don't ever have to do this again. MR. SAADEH: Should be done. Thank you. Item #9B RESOLUTION 2010-196: RESOLUTION IN SUPPORT OF CONGRESSIONAL ACTION REGARDING PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAMS — ADOPTED MR. OCHS: Commissioners, that takes you to Item 9B on your agenda. It is a resolution of the Board of County Commissioners in support of congressional action regarding Property Assessed Clean Page 48 Packet Page -836-