Loading...
Backup Documents 09/29/2009 Item #16I 16/ 'J '':If BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 29, 2009 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1) Collier County Code Enforcement Board: Minutes of June 26, 2008; November 20,2008. 2) Collier County Planning Commission: Minutes of May 21,2009; June 2,2009. 3) Contractors Licensing Board: Minutes of September 17, 2008 - unsigned. 4) Development Services Advisory Committee: Minutes of July 9, 2008. 5) East of 951 Infrastructure and Services Horizon Studv Public Participation Master Plan Committee: Minutes of September 3, 2008; September 8, 2008. B. Other: 1) Heritage Greens Community Development District: Notice of assessment and upcoming public hearing dated July 20, 2009. 16/1Al '" June 26, 2008 / RECEIVED JUL 2 2 2009 TRANSCRIPT OF THE MEETING OF CODEENFORCEMENTBO~ ~~ Naples, Florida Halas v 6 Henning June 2 , 2008 Coyle Coletta LET IT BE REI\1EMBERED, that the Code Enforcelnent Board, ,'Io<iW of COWltY Co~ 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 Govermnent COlnplex, East Naples, Florida, with the following members present: CHAIRMAN: Gerald Lefebvre Larry Dean Kenneth Kelly (Excused) Edward Larsen Robert Kaufman Richard Kraenbring (Excused) Lionel L'Esperance George Ponte ALSO PRESENT: Jean Rawson, Attorney for the Board Michelle A1nold, .Code Enforcement Director Bendisa Marku, Operations Coordinator Misc. Corres: Date: () c; i ;f-:J J rfj Item:J G~lillA\ P ag e 1 '- :G~5 to: ......... ~ .. "1 16 r 1" 1 .. June 26~ 2008 CHAIRlvlAN LEFEB\lRE: I'd like to call the Code Enforcelnent Board meeting to order for June 26,2008. 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 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 the board will need a record of the proceedings pertaining thereto and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. . Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. Can I have the roll call. MS. MARKU: Good morning. Bendisa Marku, Collier County Code Enforcement Operations Coordinator. Mr. Edvvard Larsen? MR. LARSEN: Present. MS. MARKU: Mr. George Ponte? MR. PONTE: Here. MS. MARKU: Mr. Gerald Lefebvre? . CHAIRMAN LEFEBVRE: Here. MS. MARKU: Mr. Kenneth Kelly has an excused absence. Mr. Larry Dean? MR. DEAN: Here. MS. MARKU: Mr. Lionel L'Esperance? MR. L'ESPERANCE: Present. MS. MARKU: Mr. Richard Kraenbring has an excused absence. Mr. Robeli Kaufman? PaQ:e 2'-' 161 \itA 1 ~, J une _/tl~ 2008 l'v1R. KAUF~1AN: Here. CHAIRMAN LEFEB\1RE: Two things. First of all, I'd like to welcome our new member, Robert Kaufman. And second of all, this is going to be J\1ichelle Arnold's last meeting. She's been with code enforcement for 10 years. And I've had the privilege to be on the board for six of those years and enjoyed \vorking with her. And if any of the board members would like to thank her, they can go ahead. IvIR. PONTE: Well, I certainly want to thank Michelle for everything she's done. I think her organizational skills are extraordinary. And she certainly has helped this board and helped me in a \vay by giving me something to always remember, and that is that ugly is not illegal. Thank you, Michelle, for everything. IvfS. ARNOLD: Thank you. MR. DEAN: I'm really shocked, because you're a great inspiration to board people and the cOlTIlTIunity. And can we change your mind in any way? MS. ARNOLD: I think it's a done deal. MR. DEAN: Can I ask you where you're going? MS. ARNOLD: I'm going to be the Alternate Transportation Mode Director. So I'm going to go to the Transportation Department MR. DEAN: Oh, so you won't be -- MS. ARNOLD: -- starting Tuesday. I'm not going to go too far. I'll still be around. MR. DEAN: So we can still come by and say hi. MS. ARNOLD: That's right. MR. PONTE: If you take the bus. MS. ARNOLD: That's right, take the bus. MR. LARSEN: It's been an honor and a privilege to know you and to serve on this board with you. Page 3 1., /'...1 , ~,j; ic. .. \..i J 1 A 1. June~6, 2008 MS. ARNOLD: Thank you. MR. L'ESPERANCE: Michelle, thank you so much for your service. Y ou're just incredible. W.e all appreciate it so Illuch. MS. ARNOLD: Thank you. And I like the new mustache. MR. L'ESPERANCE: Thank you. You're the first one to say anything. MS. RAWSON: If I could say something. One of the reasons that I've been the attorney for this board for so many years is because of Michelle An101d. She's the finest code enforcement director I've ever known. And she's so professional and she does such a good job. It's been such a pleasure to work with her. That's one of the reasons that I've hung around to represent you guys for so long is because of my relationship and my very pleasant working relationship and my respect for Michelle Arnold. So vve wish her well. MS. ARNOLD: Thank you so n1uch. MR. PONTE: I make a motion we all stand and give her applause. (Applause.) MR. DEAN: I'll second that lllotion. MS. ARNOLD: I really appreciate it. I was going to hope that all of the thanks and gratitude was going to stay till the end of the meeting but -- so I could keep IllY composure throughout the meeting until the end. It's been IllY pleasure to vY'ork with all of you and all of the other prior board lllembers and Jean and our court reporter, who's been a consistent fixture in these proceedings for over the years that I've been here for over 10 years. And all of IllY staff, they've been wonderful. And I hope that you all have recognized the iInprovements that I have made to the department over the years. And just thank you for all of your help and dedication to this community, really, because I think all of the hard work that you all do is why Collier County is as Page 4 16111\1 h'4 June 26, 2008 beautiful as it is. Thank you. CHAIRMAN LEFEB\lRE: Thanks. Do \ve have any changes to the agenda? MS. ARNOLD: Yes, \ve do. We have several stipulations. Item 4.C.2 is a stipulation. It ,vill become 4.A.1 -- or 4.B.1. Item 4.C.3 is also stipulation. It will become 4.B.2. And item 4.C.5 is also stipulated. It will become 4.B.3. We also have another stipulation, item number eight -- 4.C.8 will become 4.B.4. And item nine under hearings is going to be continued to next month's hearing. CHAIRMAN LEFEBVRE: Do I have a motion to approve the agenda? MR. DEAN: Motion to approve the agenda. MR. PONTE: Second the motion. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Aye. MR. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Aye. Motion is passed. Approval of the n1inutes of the last month's meeting, May 22nd, 2008. Do I have a motion? MR. PONTE: I'lllnake a motion to approve. CHAIRMAN LEFEBVRE: Second? MR. LARSEN: I second it. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Aye. MR. PONTE: Aye. Page 5 ~ 16 i iJA~, 20~8 MR. LARSEN: Aye. MR. KAUFJVLAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. DEAN: Abstain. CHAIRMAN LEFEBVRE: We have one abstaining. We're going to move on to public hearings. Motion. And the first motion for rehearing will be BCC versus Emma Houston. MS. ARNOLD: You all have received a letter from Ms. Houston requesting a rehearing. Ms. Houston is not here today. She has not Inet the time requirements for a motion for rehearing -- CHAIRMAN LEFEBVRE: That's what I was going to ask, okay MS. ARNOLD: -- and for those reasons, staff is objecting to that request. CHAIRMAN LEFEBVRE: That was my first question, if she met the time requirements. We also have her further down the list for motion of imposition of fines also. MS. ARNOLD: That's correct. And that's a staff request. CHAIRMAN LEFEBVRE: Okay. Do I have any discussion from the board? Or -- the county objects, correct? MR. SANT AFEMIA: Correct. MR. LARSEN: I make a motion to deny the motion for rehearing. CHAIRMAN LEFEBVRE: Do I hear a second? MR. DEAN: I'll second that motion. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Aye. MR. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: Aye. MR. KAUFMAN: .A.ye. Page 6 16/ 1 A 1 ';6 ;008 J un e k , ~ CHAIRMAN LEFEBVRE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: :L\1otion passes. Okay, the next one will be unopposed motion to dismiss without prejudice, BCC versus Patriot Square, LLC. MS. ARNOLD: And that's the county's request. We are just asking that the existing order that's on the record be dismissed without prejudice and the item will COIne back. There was an issue with the notification in that particular case. MR. LARSEN: I make a motion we approve the county's request. CHAIRMAN LEFEBVRE: Do I hear a second? MR. DEAN: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Aye. MR. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. The next one will be a motion for extension of time. BCC versus Bali and Sandi Chernoff. (All speakers were duly sworn.) CHAIRMAN LEFEBVRE: Go ahead. MR. CHERNOFF: I go first? "--' MS. ARNOLD: Yes, it's your request. MR. CHERNOFF: Okay. This was a -- I've been -- this is lny third tilne here. I bought a hOlne with illegal structures on it, vvhich I Page 7 161 j~)~ June 26, 2008 found out \vhen I got violated on an anonyn1ous phone call for an apartment I built. Litigating -- you know, there's stamp -- there's reasons I built it. I had a very sick n10ther- in-law and I could not do it legally, so I did build this and I take full responsibility. \Ve've already gone through all this. I've asked for time for the lawsuit. I am suing the previous owner who built the main thing that I'm being violated for, which is the pole barn, vyhich is a very big structure that I'm trying to resolve. That's why I asked for time. Originally Supervisor Mitchell was there with Code Enforcement Board, who gave me time as long as I didn't sit on this thing and I moved forward. After that, a new supervisor came in and said not on my shift. You're not getting any more time. And that's when I came in front of the code board. You guys granted me six Inonths with my attorney, which she gave me something to read. I'll read in a second. Gave Ine six months. I have no control over the time. It's a lawsuit. I can't tell the judge when to hear the case, I can't tell the judge when to do what. I'm at the mercy of the court and of you guys. The six months came. You gave me three months additional, which originally Mr. Kelly, he's not here today, but he expected it to take over a year. And at that time he told me come back. As long as you come back beforehand we shouldn't have a problem granting you time, again, as long as things 1110ve forward. I do have an attorney, she's not here today. She has asked me to read this. To the IneInbers of Code Enforcement Board, please accept my apology for being absent from the hearing. I am out of town on a long scheduled commitlnent \vhich I could not change when Mr. Chernoff asked Ine to request another appearance. Even though Mr. Chernoff is prepared to present his argument to Page 8 1 t. ~ .. \,.i i: lAl ". June 26, 2008 the board, I "vant to give the board an update to the status of litigation. The former owner has admit1ed under oath in deposition to building the pole ban1 without a pen11it. 'tV e have provided the fom1er owner with an estimate for demolition, rebuilding of the pole barn, and have offered to review any bid that he Inight get for the demo and replacement. The matter has been noticed for trial, but per requirements of the court we must mediate first, which my office has attempted to coordinate in the mediation. Counsel for the fOffi1er owner filed a notice of \vithdrawal from the case. \Ve have set the mediation directly with the former owner by mail for July 24th but have not been able to confirm with the former owner personally that he will attend. Should he fail to attend, we will rllove for default and ask the court to proceed to trial for determination of damages. We had hoped, because both parties \vere represented by counsel that clearly saw that as a matter appropriate for settlement, that we would settle the matter without trial and rneet the board's deadlines. It is my guess it will not settle and will proceed to trial on the amount of damages. Mr. Chernoff is prepared to answer the board's questions and state his ability to comply with the board's order without payment from the party that build the nonconfonning structures. Thank you, Co lleen McAllister. Again, I've done everything everybody's asked of me. The structure that I built I take full responsibility for. It's all tied into one. I do have an engineer working on what I built, which will becolne legal as -- not an apartment. My in-laws have passed and it won't be an apartment anymore, it will be a storage unit. It is not in use. I've invited Mr. Morad out to the property several tin1es to confirm that I'n1 doing nothing vvrong. I've complied. I need tin1e. That's what this is about. My hands are tied. I have Paze 9 '-- 16 I it A 1 4 June 26, 2008 a counsel. "\"1 e're not sitting on it, she's Inoving. Again, like Colleen said, under deposition the owner has admitted he built it, which basically, you know, he falsified the sale. I'm not tlying to get my house back to him, I just want to get what is mine, what I bought. As far as the apartment, again I'm ready to move on that. I have an engineer ready. But it's all tied into one now. And that's where I am. I need more time. CHAIRMAN LEFEBVRE: Investigator? lv1R. MORAD: For the record, Ed Morad, Code Enforcement Investigator. The county respectfully denies this motion, and for several reasons, several facts. As I\.1r.Chemoff has pointed out, he's been responsible, not just for -- the pole barn wasn't his responsibility. However, the dwelling unit and the large exercise studio was. And that's what brought attention to the pole barn, per se, that construction. This case started March 12th, 2006, well over two years ago. And the violation, as he pointed out, still exists. There's not been a penny of fines imposed on this for more than two years. The respondent has tried to -- in October of 2006 he filed a civil action against the previous owner. The judge denied the civil action. The respondent can reduce the width of that pole barn and that would hence eliminate the encroachment issue, and then he could proceed with his pennitting process. But he hasn't taken that opportunity as of yet. And still can take that opportunity. The most impoliant fact of this whole thing is, as pointed out in the respondent's second Inotion for extension, nUlnber eight, the board cautioned that another extension would not be granted. So we hope that you would keep your word on this. MR. CHERNOFF: Can I respond to hiln? CHAIRMAN LEFEBVRE: Sure. Page 10 161 liA 1 ~ June 26~ 2008 MR. CHERNOFF: First of all, the court never told lne that my action was denied or we wouldn't be here today \vith Colleen. The '" lawsuit has continued -- MR. MORAD: This is the document that you gave lue as proof of filing that civil action against the property o\;vner. MR. CHERNOFF: Right. MR. MORAD: Then you also told me in Novelnber that year, 2006, that the judge denied this judgment, and that's what I'm going on. MR. CHERNOFF: No, the lawsuit has gone forward. And I have counsel. She isn't here today, but I have counsel and it has gone forward and we're close. MR. MORAD: Correct. You got counsel after attempting to do this judgment on your ow-n. MR. CHERNOFF: Right, because things were happening where I needed counsel. I was being taken advantage of with this. So I had to get counsel. I couldn't afford counsel. And I'm very lucky Mrs. McAllister has taken this the way she has. But this lawsuit is still the same lawsuit. It has never been denied or canceled, it is still ongoing. MR. MORAD: Once again, I'm just going by your statement, which I documented in my comments of my case. So I just took you for your word. MR. CHERNOFF: You might have heard me wrong, Ed, because this thing has never ended. MS. ARNOLD: The county's position is that we object to the request. And it's mainly because the respondent has the ability to take action towards cOlnpliance. And \vhat he's asking the board to do is to \vait for his decision in the courts before cOInpliance is n1ade. I understand that they're proceeding with that suit and they're trying to mediate. But that information was presented to the board at the last hearing. And I'm not sure that they v/ere coming any closer to con1ing to a settlelnent. Page 11 :-i'''' lAl -- June 26, 2008 I'm not really sure whether -- I agree \vith hin1, this could take years. And so its up to the board if you want to wait a year or 1110re and possibly not get any closer, because he may not be successful in his trial, or ask him to come into compliance and then settle his suit outside of these proceedings. MR. CHERNOFF: If I had the money to do that, Michelle, it would have been done already. That's why the lawsuit has gone. And we have gotten closer. We do have on deposition, okay, the former owner, he has admitted liability. He admitted he built it. MS. ARNOLD: And Ms. Chemoffs noted -- she noted that at the last hearing. MR. CHERNOFF: No, absolutely not. That has happened on deposition since the last hearing, okay. That's what I'm saying. This is moving forward, we are gaining ground. Now it's just a matter of damages, and that's where we're at. And what I'm asking you for is, you know, please don't cut it off when it's close. Again, I don't want to bring up old things, but you have. The guy that started this whole thing, the anonymous phone call -- CHAIRMAN LEFEBVRE: I don't want to rehear the case. I think you made your point. You're looking to extend the time, and I think it would be up to the board at this point to Inake a decision if we want to extend the time or go ahead and not extend the tilne. And if that were to occur, then you could come back at the time of imposing the fines when we go to impose the fines and you come back to us and state that you feel that you need a reduction in fines because you now have proceeded and were diligent. So I'lll going to close the public hearing. And do I have any questions -- MR. DEAN: I have a question. Mr. Morad, you stated that in six lnonths that you guaranteed there \vould be nothing after six n10nths. But I'ln reading on the first Page 12 I lA 1 ~:; ( J June 26,2008 page, additional tin1e could be granted by discretion of the board. MR. MORAD: What I was in reference to is the second motion for the extension that his counsel sublnitted, item number eight. Itfs stated in there, her \vords, it's stated in there. MS. ARNOLD: In your order, her Exhibit B, your order states, the respondent -- motion for extension of time is granted. The respondents are granted an extension of 90 days. No additional extension of time shall be granted to the respondent. IvlR. DEAN: The second part, the nonconfoffi1ing, there's no use in that building no\v that you know of, they don't use it but for storage only? MR. MORAD: My understanding is that there's no one living in that dwelling unit. MR. DEAN: But there could -- is an apartment in fact in there? MR. MORAD: Oh, yes, sir. I have documented pictures. It was a two-bedroom, full bath, full kitchen dwelling unit with an screen-enclosed porch. MR. LARSEN: I'm persuaded by the county's arguments that there could have been some mitigation by the respondents during the period that they did receive an extension of time. And in light of the clear order of the board, dated the 2nd day of April, 2008 and the testin10ny here, I'd like to make a motion to deny the second motion for an extension of time by the respondents. CHAIRMAN LEFEBVRE: Do I hear a second? (No response.) CHAIRMAN LEFEBVRE: Okay. Well, the lTIotion hasn't been seconded. So-- Is there any more questions of the board -- from the board? (No response.) CHAIRMAN LEFEBVRE: Do I hear a lTIotion to approve the extension and what tin1e frmTIe? MR. PONTE: I'llll1ake a n1otion to approve. And given the fact Page 13 16 I t '~Je 26, 2~08 that a court ordered Inediation is set for August 12th, I think we ought to give it certainly 60 days beyond August 12th or \vhatever that works out to be, sOlnetime in September, I guess. CHAIRMAN LEFEBVRE: Well, I'm not sure with the -- I don't know if it's going to be rectified then, due to the fact that the -- one of the attorneys has removed himself from the case. MR. PONTE: \\1 ell, I'm not too sure exactly what the procedures are in mediation, whether or not even attorneys have to be present. CHAIRMAN LEFEBVRE: And what's the tilne fraIne you're looking? ~. PONTE: Well, I think after the mediation, we have to give it 30 days, let's say. And this is August -- CHAIRMAN LEFEBVRE: September. MR. PONTE: Yeah, September. CHAIRMAN LEFEBVRE: September meeting? MR. PONTE: The Septelnber meeting. MR. KAUFMAN: I have a question. In the event of an extension, what's the likelihood, if you are the winner of this suit, that you will actually receive any money? MR. CHERNOFF: I have done -- when I was doing this on my own I went on line and found that the previous owner has several other properties, which n1Y counsel has said we could levy. We can't take his house, but we can take evelything in his house, his cars, his trucks, everything that -- clothes on his back. So there is money to be had. That's through my counsel. MR. KAUFMAN: My question would be that although they have resources, what is the likelihood of obtaining those resources? I guess it's a money issue to get the work done. So, I mean, could that take another six months or a year or -- what happens at that point if you are found to have \von your case but the collection is not fOlihcon1ing? MR. CHERNOFF: I don't know the legal end of it. That's vvhy Ir Page 14 1 l:i rA1 ~ June 26, 2008 have counsel. And Jean Inight be able to help you v/ith that, I don't know". MS. RAWSON: Ajudgn1ent is a piece of paper that you then have to enforce. So he would have to go back to court again, or his attorney would, and try to enforce the judgment with a proceeding supplemental. It's hard to say ho\v long it would take. I don't think he's asking you for that long. I think he's asking you to give him time after the mediation to get in front of the judge. CHAIRlviAN LEFEBVRE: All right, vve have a motion on the table. Looking for a second. MR. DEAN: I'll second that 111otion. CHAIRlviAN LEFEB\lRE: And all those in favor? MR. L'ESPERANCE: Aye. MR. PONT.E: Aye. MR. DEAN: Aye. MR. KAUFMAN: Aye. CHAIRlviAN LEFEBVRE: All those against. Aye. MR. LARSEN: Aye. CHAIRMAN LEFEBVRE: The motion passes for extension to September's meeting. And-- MS. RA'VSON: That would be September the 25th. CHAIRMAN LEFEBVRE: September the 25th. MR. CHERNOFF: And then we come in front of you again and go from there? CHAIRMAN LEFEBVRE: Yes. MR. CHERNOFF: Thank you very l11uch. CHAIRMAN LEFEBVRE: And n1ake sure you bring docul11entation showing whatever has occurred on hopefully the August 12th -- MR. CHERNOFF: Absolutely. CHAIRMAN LEFEBVRE: -- n1eeting. Page 15 '-' 161 1Al . ~~'~l June 26, 2008 MR. CHERNOFF: Thank you. CHAIRMAN LEFEBVRE: Do you want to have him waive notice or -- Jean? MS. RAWSON: He can waive notice but, you know, it's so far away that I'm sure Bendisa will probably get the notices out anyway. CHAIRMAN LEFEBVRE: Very good. You'll receive a letter, along with your attorney. MR. CHERNOFF: Thank you very much. CHAIRMAN LEFEBVRE: You're welcome. MR. CHERNOFF: Thank you. CHAIRMAN LEFEBVRE: Okay, we're going to move to stipulated agreelnents. The first one, if I'm not mistaken, is BCC versus Caribe Investments of Naples, Inc. MS. ARNOLD: Mr. Chairman, I just wanted to note that Ms. Houston did come into the room after her particular request was decided upon, and I didn't know whether or not you wanted to kind of advise her of that recommendation, or I could have staff do that. Okay, he's motioning to TIle that he already did. So never mind, I guess we can proceed with the next case. CHAIRMAN LEFEBVRE: Again, we're going to proceed to the stipulations, which is BCC versus Caribe Investments of Naples, Inc. (All speakers were duly sworn.) MR. LETOURNEAU: For the record, code enforcement supervisor, Jeff Letourneau. I met with Ephrain Arcy (phonetic), who is the owner of Caribe Investments, this morning before the board hearing and he agreed to enter into a stipulated agreement, stipulating basically that the violations noted in the referenced notice of violation are accurate and he stipulated to their existence. And the violations are of Section 1 O.02.06(B)(1 )(a), 1 O.02.06(B)(1) -- hold on one second here. I've got a typo on this stipulation. Oh, B.l (A), B.l (E) and 1 0.02.06(B)(1)( e )(i) of Ordinance Pae:e 16 '--' :6 ,I. 1 A 1 w4 June 2652008 2004-41 and are described as the nonpennitted relnoval and erection of separation, fire walls, expanding the space of one unit and reducing the space of another. Mr. Arcy agreed to pay operational costs in the amount of 363.84 incurred in the prosecution of this case and abate all violations by obtaining a Collier County building permit, all required inspections and certificate of occupancy within 90 days of this hearing or a fine of $200 a day will be ilnposed each day any violation remains, or by obtaining a Collier County den1olition permit, all required inspections and certificate of completion and restoring the structure to its originally permitted condition within 90 days of this hearing, or a fine of $200 a day will be inlposed for each day any violation remains. I I'd like to point out that he's already got a permit issued for this violation. CHAIRMAN LEFEBVRE: A permit to -- MR. LETOURNEAU: To permit the improvements. CHAIRMAN LEFEBVRE: Not demolish. MR. LETOURNEAU: Correct. MS. ARNOLD: Jeff, you had also cited him for -- he was cited for 105.1 and 105.7 under the Florida Building Code, 2000 edition. Is that still applicable? :rv1R. LETOURNEAU: I only put the land development codes on the stipulation. MS. ARNOLD: Should you add those? Because that's what our case was being brought for. MR. LETOURNEAU: Hold on one second. (Discussion off the record.) MR. LETOURNEAU: We're just going to go with the violation as stated on the stipulated agreelnent. So that would be 10.02.06 (B)(l )(a), 1 0.02.06(B)(1)( e) and 1 0.02.06(B)(1)( e )(i) of the Land Development Code 04-41. CHAIRMAN LEFEBVRE: So it's not going to include the Page 1 7 161,lAl ~:;: June 26, 2008 Florida Building Code 2004 edition, Sections 105.1 and 015.77 MR. LETOURNEAU: No. CHAIRMAN LEFEBVRE: Okay. MR. LARSEN: In number two, the violations of Sections (B)(l)(a), and then it looks like it's repeated (B)(l)(a) again? MR. LETOURNEAU: That should actually be (B)(l)(e). That was a typographical error I made right there. CHAIRMAN LEFEBVRE: Do you need to have him CaIne back and initial that at all, or -- MS. ARNOLD: I don't know if that's necessary. He received the packet, and the packet with the statement of violations showed it correctly with the two additional violations that I was questioning. CHAIRMAN LEFEBVRE: Right. MS. ARNOLD: Those all should have been on the stipulation. He has the ability to be here and be heard. He signed the stip. You all have the ability to accept it as stated or amend it. So-- MR. LETOURNEAU: I advised him to stay but he had open heart surgery recently and he \vasn't even supposed to be here in the beginning, so he wanted to get out of here. MR. LARSEN: I make a motion that we accept the county's proposed stipulation as stated. MR. PONTE: I second that. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Aye. MR. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. Page 18 '-' 1611Al 'If 1. ')6 ')OOQ . un e _ ~ _ 0 The next one will be Bee versus Erika Labra and Isidra Trejo. (All speakers were duly swan1.) MS. SORRELS: Good lTIorning. For the record, Azure Sorrells, Collier County Code Enforcement Investigator. I spoke with Ms. Labra this morning and we had entered into a stipulation agreement. The stipulation agreement, she agrees that there are violations on her property, Sections 10.02.06(B)(I)(e) of Ordinance 2004-41, and Section 104.1.3.5 of Code of Laws and Ordinances. And are described as improvement of property prior to building permit and prohibited activities prior to permit issuance. Ms. Labra agrees to pay operational costs of $303.28 and to abate all violations by obtaining all necessary building pennits -- excuse me, obtain all necessary permits, inspections and certificate of conlpletion within 60 days of this hearing or a $200 a day fine v/ill be imposed for each day the violation reInains, or she can remove all the fill dirt from the property, returning the property to its original vacant state within 60 days of this hearing or a $200 a day fine will be imposed for each day the violation remains. And the last would be to notify code enforcement within 24 hours of abatement. CHAIRMAN LEFEBVRE: And you agree to that? MS. LABRA: Yes, I do. MR. LARSEN: I make a motion that we accept the proposed stipulation. MR. L'ESPERANCE: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Aye. MR. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: Aye. MR. I<AUFMAN: Aye. CHAIRMAN LEFEBVRE: Aye. Page 19 16J lAl f'i June 265 2008 Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MS. SORRELS: Thank you. CHAIRMAN LEFEBVRE: The next one will be BCC versus Rufina Cruz and Moises Hel11andez. (All speakers were duly sworn.) MR. KEEGAN: This is Case No. CESD20080001629, Board of County Con1missioners versus Rufina Cruz and Moises Hernandez. Violation of Section 1 O.02.06.B.l.E of Ordinance 04-41 as amended, the Collier County Land Development Code. It's for an unpermitted addition to a mobile home located at 3156 Van Buren Avenue, Naples, Florida, 34112. On the 24th of this D10nth I Inet with MoisesHemandez,who was the owner of the property, along with his mother, Rufina Cruz. They entered into a stipulation agreement that they would pay operational costs in the amount of295.66 incurred in the prosecution of this case. The respondents have been issued a demolition pennit, 2008-050891, for the removal of the unpermitted addition. The addition is removed, and as of yesterday they received their certificate of completion. So the case is finished. CHAIRMAN LEFEBVRE: Do I hear a lTIotion? MR. LARSEN: I move to accept the stipulation as so stated by the county. CHAIRMAN LEFEBVRE: And a second? MR. PONTE: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Ave. 01 MR. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: Aye. Page 20 161 rtA1 " June 26, 2008 IvIR. KAUFlvfAN: Aye. CHAIRMAN LEFEBVRE: Ave. .; Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. KEEGAN: Thank you. CHAIRMAN LEFEBVRE: The next one will be BCC versus Affordable Whistler's Cove, L rD. (All speakers were duly sworn.) MS. Q'F ARRELL: For the record, Susan O'Fan~ell, Collier County Code Enforcelnent Environmental Specialist. We're here today because a stipulation has been presented and approved by Affordable -- Whistler's Cove Affordable and the county. This case originally becalne about because of a proposed unit development inspection that found that the complex had fallen below the standards of their site development plan. Therefore, they have signed a stipulation that says the violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. The violations are that of Sections 4.06.05.J.2 and are described as required landscape. It has fallen below Collier County approved site plan 97-006 standards. Therefore, it is agreed that the respondent shall pay operational costs in the amount of 545.35 within 30 days of this hearing. A11d they will abate all violations by restoring the required landscape of the property to the standards set by the Collier County approved site development plan 95-22. We've got two different site development plans here -- wait a minute, I want to make sure we get the right one. 97-006 is the COITect site development plan nUlnber. CHAIRMAN LEFEBVRE: Can you just lnake sure. MS. O'FARRELL: We're going to have to Inake sure we change that on the stipulations. Page 21 16 I 1 :iA 1 ~'.. .. , J" ~6 )008 une L ,_ CHAIRl\1AN LEFEBVRE: Just cross it out and have him initial it, please. MS. O'FARRELL: Yeah. So it will be 97-006 with attention paid to required landscape and native vegetation areas within 90 days of this hearing or a daily penalty of $150 will be imposed as long as the violation persists. CHAIRMAN LEFEBVRE: Do you agree with -- MR. ZIMl\1ERMAN: Yes. CHAIRMAN LEFEBVRE: And can you state your name for the , record and your position within the COlnpany, and do you have the authority to sign on behalf of the COlnpany. MR. ZIMl\1ERMAN: I'lll a representative of the owner. CHAIRMAN LEFEBVRE: And your name, please. MR. ZIMMERMAN: Scott Zilnmerman. CHAIRMAN LEFEBVRE: And you have the authority to sign? MR. ZIMMERMAN: Yes. CHAIRMAN LEFEBVRE: And you agree to this change from 95-22 to 97-00 (sic) for the site development plan? MR. ZIMMERMAN: I believe so. CHAIRMAN LEFEBVRE: Is that a yes? MR. ZIMl\1ERMAN: Yes. MS. ARNOLD: Do you want to look at it, sir? MR. ZIMl\1ERMAN: It's -- okay, we could look at it. MS. ARNOLD: Do you want to show him what-- MS. O'FARRELL: I'm sony, I didn't hear the question. MS. ARNOLD: The change, the site plan change reference. MR. ZIMMERMAN: It's the final site plan that was approved. I'Ill fine with it. MS. O'FARRELL: I was looking at the statement of violation that had the correct numbers on it. They have -- Whistler's Cove has been given three copies of the site developInent plan \vith the correct nUlnbers on it. I believe his Page 22 161 1 A 1 . 1 June 26, 2008 landscaper has a copy of it and is attelnpting to \vork franl it today. MR. ZIMMERMAN: Theytre supposed to be here today, Vve'H see. CHAIRMAN LEFEBVRE: Okay, very good. What I'll just have you -- before you leave, just make sure you initial that little section, that change. MR. ZIMMERMAN: Okay. MR. LARSEN: I make a nlotion that we approve the proposed stipulation as so stated with the amendment in section tvvo of therefore clause, changing it from 95-22 to 97-006. CHAIRMAN LEFEBVRE: Do I hear a second? MR. KAUFMAN: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Aye. MR. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Aye. Any opposed? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MS. O'FARRELL: Thank you. MR. ZIMMERMAN: Thank you. MS. ARNOLD: Mr. Chairman, we do have two additional stipulations. CHAIRMAN LEFEBVRE: I like to hear that. MS. ARNOLD: Those are iterns 4.C.6 and 7. CHAIRMAN LEFEBVRE: Very good. We'll move on to those then. BCC versus Jairne and Darnarys Oliva. 1\1S. \V ALDRON: Oliva. Page 23 16 I 1~~A 1 II June 26, 2008 (All speakers v/ere duly S\VOD1.) MS. WALDRON: We have COlne into a stipulation agreelnent with Jaime and Damarys Oliva for a violation of Collier County Land Development Code, as an1ended, Sections 3.05.01.B, described as vegetation removed over the allowable acreage without obtaining the proper permits. They have agreed to pay operational costs in the amount of 460.20 incun"ed in the prosecution of this case within 30 days of this hearing. The respondent must prepare a mitigation plan which meets the criteria stated in 04-41, as amended, Section 1 O.02.06.E.3. The mitigation plan shall be prepared by a person ,vho meets or exceeds the credentials specified in Section 10.02.02.A.3. The respondent is required to establish a tTIonitoring program that would determine the 80 percent survivability of species of the plants used in the mitigation effort over a two-year period with replacement required to maintain the 80 percent minimum annually. A minimum of two reports will be sublnitted by the respondent. The mitigation plan must be submitted within 60 days of this hearing or a daily fine of $200 will be imposed for each day until mitigation plan is submitted. All plant materials must be installed in accordance with the mitigation plan within 120 days of acceptance of lnitigation plan or a daily fine of $200 will be imposed for each day until plant material is installed. And the respondent must notify code enforcement that the violation has been abated and request the investigator to cOlne out and perform a site inspection. CHAIRMAN LEFEBVRE: And you agree to this plan? MS. OLIVA: I agree. CHAIRMAN LEFEBVRE: Is any of this area, does it have irrigation where you're going to have to replant? MS. OLIVA: I guess we're going to have to replant. Page 24 ,'- ~.:: 1" An126, 2008 CHAIRJ\1AN LEFEBVI~: But does it have an in-igation , n system { MS. OLIVA: Right. No -- MS. WALDRON: No, I don't believe that they have irrigation. But we did do the time fran1e so that will still be within the rainy season. CHAIRMAN LEFEBVRE: Right. So I guess it's pretty important to get these plants in as soon as possible so they have the beginning of the rainy season to give it the best chance for them to survive. Because you are regulated to 80 percent of them must survive within -- I think it's two years is what you stated? MS. \"\1 ALDRON: Right. CHAIRMAN LEFEBVRE: All right, very good. Any questions of the board? (No response.) CHAIRMAN LEFEBVRE: Do I hear a motion? MR. LARSEN: Make a motion we accept the proposed stipulation as so stated. CHAIRMAN LEFEBVRE: And do I have a second? MR. KAUFMAN: Second. CHAIRMAN LEFEBVRE: All in favor? MR. L'ESPERANCE: Aye. MR. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. And that would be for the first one. And the next one? Page 25 _'1"'~ 1"'_ . _ ~~_",_,_,,'e"'.___' __,_,._",___.""._.__.._..w'_"'~~'"_,_".-"_"_"_',""_'~__ , 1 A lme 26, 2008 IvfS. \\1 ALDRON: Exactly the san1e, different case. The violations of Collier County Land Developnlent Code as anlended, Sections 3.05.0 l.B, described as vegetation relTIoved over the allowable acreage without obtaining the proper permits. The respondent has agreed to pay operational costs in the amount of 460.20 incurred in the prosecution of this case \vithin 30 days of this hearing. Respondent must prepare mitigation plan which meets the criteria stated in 04-41, as alnended, Section 10.02.06.B.3. The mitigation plan shall be prepared by a person \vho meets or exceeds the credentials specified in Section 1 0.02.02.A.3. The respondent is required to establish a monitoring program that would determine the 80 percent survivability of species of the plants used in the mitigation effort over a two-year period, with replacement required to maintain the 80 percent Ininimum annually. A minimum of two reports will be sublnitted by the respondent. This mitigation plan Inust be submitted within 60 days of this hearing or a daily fine of $200 will be imposed for each day until mitigation plan is submitted. All plant materials must be installed in accordance with the mitigation plan within 120 days of acceptance of n1itigation plan or a daily fine of $200 will be imposed for each day until plant material is installed. And the respondent must notify code enforcement that the violation has been abated and request the investigator to come out and perfonn a site inspection. MS. OLlV A: I agree. CHAIRMAN LEFEBVRE: Okay, very good. This is a separate piece of propeliy; is that correct? MS. WALDRON: It's two separate folios, yes. MR. PONTE: I have a question. Because they replicate each other, how 111uch acreage are \ve talking about here? Page 26 '-.-> 16/ , 1 A tune 26, 2008 l'v1S. \V ALDRON: Vlell, the tv/o properties total is 10 acres. It's not all going to have to be mitigated. MR. PONTE: Thank you. MR. LARSEN: Make a 111otion we accept the proposed stipulation as so stated. CHAIRMAN LEFEBVRE: Do I hear a second? MR. KAUFMAN: Second. CHAIRMAN LEFEBVRE: And can I have a vote. All in favor? MR. L'ESPERANCE: Aye. MR. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MS. WALDRON: Thank you. CHAIRMAN LEFEBVRE: Now we're on to public hearings. BCC versus AMG Propeliies, Inc. MS. MARKU: This is in reference to Department Case No. 2007 -090454. The respondent and the board were sent a packet of evidence, and I would like to enter the packet of evidence as Exhibit A. CHAIRMAN LEFEBVRE: Do I hear a motion? MR. LARSEN: Move to accept the evidence. CHAIRMAN LEFEBVRE: Do I hear a second? MR. KAUFMAN: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Ave. '" MR. PONTE: Aye. MR. DEAN: ic\ye. Page 27 1 A 1 ' ..~ !! 'J June 26, 2008 MR. LARSEN: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MS. MARKU: For the record, the respondent is not present. Violation of Ordinances 04-41, Collier County Land Development Code, as amended, Sections I 0.02.06.B .1.A, 10.02.06.B.l.E.i. Description of violation: Construction additions remodeling done without proper pennits. Location/address where violation exists: 3831 Arnold Avenue, Naples, Florida. Folio No. 00278360006. Name and address of owner/person in charge of violation location: AMG Properties, Incorporated, co-owner, Jose Garcia, 7301 Southwest 57th Court, Suite 500, South Miami, Florida, 33143. Property owner: Parts Depot, 148 Rosalie's Court, Coco Plum, Florida, 33 143, business owner. Date violation first observed: September 17th, 2007. Date owner/person in charge given Notice of Violation: October 2nd, 2007. Date on/by which the violation to be corrected: October 10, 2007. Date of reinspection: April 4th, 2008. Results of reinspection: Violation relnains. At this time I would like to turn the case over to Code Enforcelnent Investigator Kitchell Snow. (All speakers were duly sworn.) MR. SNOW: For the record, Supervisor Kitchell Snow. We appear before you today on a case in our industrial zoned propeliy that involves building or additions to a structure without Page 28 16 11 A 1 , ;6 ') ~'08 June _', _U .. pen11its. This is a violation of Sections 1 O.02.06.B, l.A, lO.02.06.B.l.E.i. I have -- would like to sublnit as evidence, evidence packet "lith some photographs of the property. CHAIRlv1AN LEFEBVRE: Do I hear a motion to accept -- MR. DEAN: I Inake a n1otion to accept the photos of the property . MR. PONTE: Second the motion. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Aye. ~v1R. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: Aye. MR. KAUFMAN: .A.ye. CHAIRMAN LEFEBVRE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. SNOW: The first photograph you're going to see is of the property as it exists today. I was hoping for member Kelly to be here for some of the roofing issues, he could probably advise us. But that is the structure as it is today, that's in 2008, according to our property appraiser. The next photograph you're going to see is as this structure was in 2001. As you can see -- and clearly see on the top of that there's been an addition that's been added to that. This is a 2008 photograph. They probably done SOlTIe work on that roof and lTIade it seen like it's all the same. But as you can clearly see in the top of that photograph, you can see the addition clearly where that's been done. This property was purchased in 1997. And I have talked to the propeliy ow'ner. And he says it existed \vhen he purchased it. And we Page 29 16 I lJ~e !6, 2~~8 discussed his options to see \vhat \ve could possibly do to rectify that. I'll get to that in a minute. The next photograph you1re going to see is of the property card. The square footage originally in 1983 was 4,500 square feet. That's what it was permitted as, that's when their CO was done. It's 4,500 square feet. And the next one again, that's the property card. The next one is the original pennit of 4,500 square feet. There's several more in there, and there's a certificate of occupancy that's there. If you see in the yellow highlight again, it's talking -- the original permit ,vas 4,500 square feet. MR. L'ESPERANCE: Excuse me, Mr. Snow, could you go back to the former document that you had up on -- MR. SNOW: The property card. MR. L'ESPERANCE: Yes. This property card is dated 1980 something, you said? MR. SNOW: Eighty-eight. MR. L'ESPERANCE: I'm looking at the sketch of the building. I seem to see a little sketch off to the right. MR. SNOW: That was a canopy, that little -- off to the right. That's a canopy that was added back then, and it was permitted. MR. L'ESPERANCE: Thank you very much. MR. SNOW: The next one you're going to see is the actual permit itself. Contrary to opinion that a lot of folks try to represent to the county, we do have a lot of older permits. And this is the older permit. i\nd in the packet you will see it does have a certificate of completion. And the issue here is not that it was permitted 4,500 square feet, the issue is where is it today? This is a -- Mr. Garcia, who represents AMG Propeliies, has tried to find ways that he can COlne into con1pliance. He had an engineer Page 30 '-' ~ 1 A 1 June 26, 2008 do a survey on the property. This is his engineering appraisal, and the engineer states it's 5,800 square feet. So 1,300 feet have been added to this. I'm going to show some photographs. Not only has there been a rear structure added, another 1,000 square feet, there's been a mezzanine. And if you're not familiar with what a mezzanine is, it's kind of a second story that doesn't go over the whole structure, it's just a certain part. That's just his explanation of the propeliy. If you look in the middle exactly where my finger pointed, it talks about the 5,800 square feet of that property, of the interior of that property -- or of the warehouse itself. I did speak to Mr. Garcia as recently as 5/14/08 and told hinl where we're going to progress and how\ve're going to get there and that he needed to come into conlpliance. I want to submit some photographs, and I want these photographs to -- I'm going to testify that these photographs are an accurate and true representation of the property as it is today. This is the interior. This is as you're looking in -- as I'm walking up in the mezzanine, I walked up on top of the mezzanine and I took a photograph of actually the structure. And this is looking out on the mezzanine on the top floor. This next one is -- and this is one of the issues that we really were very concerned about, is that when they did the addition to the rear of that structure, they just slapped those two bealTIS on the top. They were not originally welded. They have been welded since then and they -- this is going by Mr. Garcia. I can't get up there to see if they have been welded, I'nl not a structural inspector, so I don't know. But originally they were not, they were just tied together. This is another photograph that represents the SaIne thing up there. Again, just to represent, you can kind of see where the old beam, Paze 31 '--' 161 lAl 11 June 26, 2008 and that's where the nevv bean1 is and where the kne\v structure \vas stalied. The old bean1 is per code, and the ne\\! one, as you can see, there's a large difference between those nvo. Again, the same thing, we're just looking at the beams here. This is -- looking as you walk in the rear of that structure, right under where the new structure has been added, this is the second floor on the mezzanine. This is facing the front. Right below that opening there is an office space in there and there's folks working there all the time. And we have no idea whether that's safe or not safe. We have no idea of that. I did walk up there and it creaks. But anyway, there is a fairly large office space. And you'll get a representation here pretty quick of how large that mezzanine is. Again, this is going up the stairs to the second floor mezzanine. This is the window that you saw in the first picture looking out. We're looking out over the back of the warehouse from the mezzanine. This is what's inside that mezzanine. And in the rear of that photograph you can see the window. So you can actually realize how large that is. That's not just a little attic up there, that's fairly large. I don't have the -- I don't know what the measurements are of that. Same thing. That's looking from the window to the back of that . mezzanIne. And finally, we were very concerned about the health, safety of the individuals that were working there and what we were -- how we were going to progress. We asked structural to go out and take a look at this. This letter is from our structural folks, and that's their opinion on exactly what was going on the propeIiy. They didn't address the Inezzanine; they just addressed the addition and the structure in the back. And again, our n1ain concern was we are in hurricane season again, and I'n1 not really sure ifthatrs suitable or can go through any Pal2:e 32 '- 161 Ai , .) r ';008 June _0, .:- . . type of foul \veather. And for the record, I did talk to Mr. Garcia, I posted the property within the appropriate an10unt of tin1e. I called hin1 and explained and told him he was going to have a hearing, and we were going to have to be here, that we needed to find a solution to this issue. And he's not here today, \vhich is disappointing to the county. I have no further testimony at this time. If you have any questions, 1'd be happy to answer those. MR. LARSEN: Yeah, if you can go back to the first two photographs of the aerial view and just put them side by side so we can make a comparison, please. CHAIRMAN LEFEBVRE: What you're saying is the new section on the left -- are you saying where -- MR. SNOW: This part right here, sir. See where that line is right there? CHAIRMAN LEFEBVRE: Right. Where it looks lighter in color, maybe? MR. SNOW: Yes, sir. CHAIRMAN LEFEBVRE: Is \vhat you're saying is the addition. MR. SNOW: Yes, sir. And I highlighted that for you. But you can clearly see that when you look on the property appraiser's maps that there was an addition. You can clearly see on the interior of how the steel beams are put across the top, that there's a huge difference in that. And that would never be permitted by the county. Not only that, but there are steel footers in the back of that property . We don't even knO\V about encroachlnent. There was a drainage issue back in -- \vhen it was originally pern1itted. We don't know anything at this point other than it is not pennitted. I do have a copy of and I can show you this, the type of pennits that's been done. The only other pennit since then that has been pulled is a sign that's been CO'd. There's been nothing else on the property. The canopy's gone. P "" aae .J.J b 161 lAl .1 June 26, 2008 1\1R. LARSEN: Thank you very much. CHAIRl\1AN LEFEBVRE: Any other questions of board melnbers? MR. KAUFMAN: The lighted area in the top, is that approximately 1,300 square feet? MR. SNOW: I'm sony, sir? MR. KAUFMAN: The top area that appears to be a different color. MR. SNOW: Yes, sir, that's the 1,300 square feet. And for the record, these photographs are of the same property. They are of the saIne size. And again; that's just for reference, one from 2001 and one from 2008. So the structure hasn't changed since then. And again, 1,300 square feet w'as added SOlne time between when it was originally CO'd and when the case was opened in 2007. CHAIRMAN LEFEBVRE: So it looks like there's been a roof replacement between 2001 and 2008. MR. SNOW: Again, I don't know what they've done on that. The whole time in looking at this and going through the years and trying to figure out exactly what was done on this property, the roof continually changed. A11d I was very curious about that as to why. And there's never been any permits pulled for anything on that property other than just a sign, and that's why it was so curious. CHAIRMAN LEFEBVRE: How far back do the GIS pictures go? MR. SNOW: 2001. I looked back a little farther and there was nothing clearly discernible. I felt that this was pretty standard for what had happened. I was trying to find out exactly when he had it. I talked to Mr. Garcia, and Mr. Garcia says he purchased it like that. And as we all know, I explained to Mr. Garcia that he has avenues, but he is responsible for the propeliy and any additions done on that property, as we've talked about with cases today. CHAIRMAN LEFEBVRE: Ri2:ht. '-' Pao-e 34 b 1 rlAl ~ ,-'4 June 265 2008 Any further questions of the board? MR. LARSEN: 1'd like to make a motion that vIe find that a violation does exist. CHAIRMAN LEFEBVRE: Do I hear a second? MR. KAUFMAN: I second. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Aye. MR. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. Recommendation? MR. SNOW: The County has recommendations. It will just be a minute to put them up there. The county recommends that the -- pay operational costs in the amount of 502.41 incurred in the prosecution of this case within 30 days of the date of the hearing. A11d that A, they obtain permits for all unpermitted construction remodeling additions on property and get all inspections through certificate of completion within 120 days of the date of the hearing or a fine of $200 a day will be imposed until such time as the unpermitted construction remodeling has been permitted, inspected and COld, or obtain a demo pennit and relnove any unpermitted construction remodeling additions within 120 days of the date of the hearing and restore the building to its original pennitted state or a fine of $200 a day will be ilnposed until such time as the building is restored to its pennitted state and all unpennitted construction remodeling additions have been removed. Ren10ve all construction waste to the appropriate site for such disposal. Page 35 - lAl N":4 June 26, 2008 jI i B, is cease any activity that is not in cOil1pliance V\lith and in accordance to the Land Development Code of unincorporated Collier County. And C, the respondent n1ust notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. And let me add in the 120 days that we probably wouldn't have been as lenient is we didn't have that letter from structural saying it didn't appear to be a health and safety issue. And it is going to take him some time. He's going to probably have to subn1it a site development plan or at least a site ilnproven1ent plan to find out exactly where we are. So I think 120 days is sufficient for that. CHAIRMAN LEFEBVRE: In number two, is there a time period to cease any activity that's not in compliance? MR. SNOW: No, sir. That's just to let hi In know that he's got to -- we addressed that on the first one. And we don't want anything else to happen on the property that's illegal, that's the point. No more unpermitted work on that structure, no more welding any of the beams in the top without the appropriate permits. CHAIRMAN LEFEBVRE: Any discussion or questions of the board? (No response.) CHAIRMAN LEFEBVRE: Do I hear a motion? MR. PONTE: I'll make a motion to accept the county's position as read. CHAIRMAN LEFEBVRE: And a second? MR. LARSEN: I second that. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Aye. MR. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: "Aye. P ag e 36 i 6 I 1.A 1 I?,. June 26, 2008 MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. :MR. SNOW: I thank the board. CHAIRMAN LEFEBVRE: Our last hearing will be BCC versus Dagoberto and Maria Saldana. MS. MARKU: This is in reference to Department Case No. CESD20080000885. F or the record, the respondent is not present. The respondent and the board was sent a packet of evidence and I would like to enter the packet of evidence as Exhibit A. CHAIRMAN LEFEBVRE: Do I hear a motion? MR. PONTE: Make a motion to accept. CHAIRMAN LEFEBVRE: And a second? MR. KAUFMAN: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Aye. MR. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Aye. MS. MARKU: Violation of ordinance -- Collier County Land Development Code 2004-41, as an1ended, Section 10.02.06(B)(1)(a). Description of violation: Owners of propeliy did not complete inspections or receive celiificate of occupancy for Pennit No. 20050033512 for Inobile hOlne located on the property and permit has expired. Mobile hOlne has been vacant for a long tiIne and has exterior dalnage caused by the hurricanes. Page 37 161 lAl .'1 June 26, 2008 Location/address w-here violation exists: 2626 Holly A'venue, Naples, Florida, 34112. Name and address of owner/person in charge of violation location: Dagoberto and Maria Saldana, 2626 Holly Avenue, Naples, Florida, 34112. Date violation first observed: February 7th, 2008. Date owner/person in charge given Notice of Violation: March 4th, 2008. Property, courthouse, posted. Date onJby which violation to be corrected: April 4th, 2008. Date of reinspection: April 4th, 2008. Results of reinspection: Violation remains. At this time I would like to turn the case over to Code Enforcen1ent Investigator Joe Mucha. (Speaker was duly S\\70rn.) MR. MUCHA: For the record, Investigator Joe Mucha, Property Maintenance Specialist, Collier County Code Enforcement. This case initiated on February 7th of this year as a routine patrol case on Holly Avenue in the East Naples area. At that time I observed what appeared to be an abandoned mobile home, and it had some exterior damage. So at that point I elected to open a case and do some research on the property as, like I stated, it was abandoned, unoccupied. When I researched the propeliy, I discovered that there was a permit from 2005, it's Permit No. 2005033512 that vvas applied for at the time, but the permit never had any inspections and never received a certificate of completion or occupancy, and the pennit has since expired. A11d I did some research as well to try to locate contact inforn1ation for the owners, and all my research, the only address I could find was the actual address of the violation at 2626 Holly Avenue -- yes, 2626 Holly Avenue. So I could not find any other contact inforn1ation for the owners. Page 38 ~~~ , ~ Job C i' i r ~ ,. l. Ll~ .~ June 26, 2008 So at that tin1e because the property is vacant, I couldn't aiielnpt personal service, so I sent my first Notice of Violation celiified Inail. That was returned unclain1ed. So on March 4th, I posted the property, the Notice of Violation at the property and the coulihouse. Property still remained in the same condition. Also sent a copy of the Notice of Violation regular mail. Made my -- another reinspection on April 4th. Property remained in the same state. No contact has been made from the owners. Have yet to be contacted by the owners. Property is not under foreclosure, and actually the taxes have been paid, so they're paying the taxes on it, just have no idea where these owners are. And I'd also just like to submit some photographs so you guys can get an idea of what's going on at this property. CHAIRMAN LEFEBVRE: Could I have a Illotion to accept. MR. DEAN: Motion. CHAIRMAN LEFEBVRE: And a second? MR. KAUFMAN: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Aye. MR. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. MUCHA: This first photograph that you're looking at, this is just a shot fi.Olll the street, what you would see if you were standing out on Holly Avenue facing the lllobile home. You can see it's got quite a bit of llloId on there. This appears to n1e to be hurricane dan1age. And again, the 1110bile hOlne's not being 111aintained. Page 39 161 lA~ 1 .tune ~6, 2008 This is just a shot close up of the exterior. Yau can see that the exterior walls of the 1110bile hOl11e are pretty dalnaged. This is just to show that the insulation is coming out there. Another shot of that, I think. And just again, it's -- there's not even stairs to get into it, so I don't even know how somebody would even get inside, because there's no stairs on either side. So I guess what I'm trying to represent here is that the lnobile home has been abandoned, it's not being lnaintained. And in fact, during the course of this case I also opened up a weed case on the property because the grass was overgrown and the county had to abate that violation. So that's where it stands. I've not been contacted by the owners. It's basically abandoned but the property is not under foreclosure and I have no idea where the owners are. MR. L'ESPERANCE: Investigator Mucha, you did not gain access to the interior of the mobile home? MR. MUCHA: No, sir. No, sir. MR. L'ESPERANCE: The doors are locked? MR. MUCHA: Yes, sir. CHAIRMAN LEFEBVRE: What was the permit for in 2005? MR. MUCHA: For the placement of the mobile home. CHAIRMAN LEFEBVRE: 2005? MR. MUCHA: Yes, sir. CHAIRMAN LEFEBVRE: Do you have any aerials of this showing that there was a mobile hOlne prior? MR. MUCHA: Unfoliunatelv I do not have that with me. 01 CHAIRMAN LEFEBVRE: Any other questions of the board? MR. PONTE: This is in a residential area, is it? MR. MUCHA: Yes, sir. MR. PONTE: There are children around the area? MR. MUCHA: I believe so, yes, sir. Page 40 '-- ~ t.~p A 1 .,:~ , - ,- r.'1 June 26, 2008 MR. PONTE: So this, you k110\V, in Iny 11lind looks like an attractive nuisance that could be of danger to kids playing under it, even though they may not be able to get in it. In your -- well, let's see what you're going to say. MR. MUCHA: Did you \vant my opinion on it -- MR. PONTE: Yes, sir. MR. MUCHA: Do I think it's an attractive nuisance? MR. PONTE: Yeah. MR. MUCHA: Any time that you have an abandoned property like this, it's definitely. Not only for children but also in this area there's a lot of hOlneless people and things like that, so -- MR. PONTE: But it is locked. MR. MUCHA: It is secured. And, you know, I have -- MR. PONTE: My concern was reallyundel11eath. I nlean, is it sound? MR. MUCHA: The trailer is tied down and it does appear to be sound. I mean, it just looked like it was damaged by the hurricane and maybe at that point abandoned, I don't know. It's kind of a strange situation, because like I said, the property is not being foreclosed upon, the taxes are up to date. And the only address on record is the subject property address, the 2626 Holly Avenue. Been unable to locate any other information for the owner. So I'm kind of baffled, you know, because usually I could understand if it was being foreclosed or something like that. But everything's up to date on it. MR. L'ESPERANCE: I assume there's no other address in Collier County for these individuals? MR. MUCHA: No, sir. MR. PONTE: Jean, legally, seeing that everything is fine, taxes are paid, all that sOli of thing, there's no access to it, legally can the county just take it do\vn? MS. RAWSON: \Vell, yes, if it's a violation of the code and they Page 41 161 lAl i\1 June 26, 2008 don't do anything about it. I Inean, ,ve're going to give them notice~ but apparently they donft answer the certified mail. Did you send it regular mail as \vell? MR. MUCHA: Yes, ma'am. MS. RAWSON: Did that come back? MR. MUCHA: You know, to be honest with you, I don't know. Didn't receive it. I know there was kind of a hang-up there with our mail for a while, actually, a lot of stuff was delayed. So I can't be certain about that. I know the certified mail was returned unclaimed, so -- in fact, being out there, there's no mailbox, so I'm assuming that that there's not a forwarding address -- MS. RAWSON: So the notice was only by posting, right? MR. MUCHA: Yes, ma'am. MS. RAWSON: Well, I would say you need to make a concerted effort to find these people. And if you can't, and if this is a violation of the code and it looks like an abandoned property, they're paying the taxes on it because they own the real estate, they own the land. So you're not destroying the land, you're just taking down the damaged mobile home. MR. L'ESPERANCE: Jean, is there a way for us to inquire with the United States Postal Service as to their current address? MS. RAWSON: Yes, but I don't think they'll give it to you. MR. L'ESPERANCE: We can ask, but you're not going to receIve. CHAIRMAN LEFEBVRE: The other thing is -- MR. DEAN: The tax assessor. CHAIRMAN LEFEBVRE: -- if the taxes have been paid, you can check with the tax assessors and see if there was a check sent to them. They might have on record a check with a new address. That luight be one way to check. MR. KAUFMAN: Did this house ever have electricity? Page 42 '- 16/1 8 1 l!I<:ti. .Ii t. "- June 26, 2008 MR. 11UCI-IA: I'n1 not sure, sir. It doesn't appear -- again, when I got onto the scene, this is what I saw. And it's been abandoned for some time, so -- CHAIRMAN LEFEBVRE: The issue we're looking at here is that it has never received the final CO for it being placed there, which means we don't know if it's tied down correctly. So there's a lot -- MR. MUCHA: There's never even been any inspection, so -- CHAIRMAN LEFEBVRE: Right. So that's the issue we're looking at. We don't know if it's even secured correctly. It could have been placed there without being properly secured. So I guess -- is there any lTIOre questions from the board? MR. KAUFMAN: How large a folio was this? How many acres or lot size, approximately? MR. MUCHA: It's just a normal mobile home lot. It's not a huge -- unfortunately I don't have that information with me. MR. LARSEN: I'd like to make a motion, based upon the testimony of the investigator and the documents submitted into evidence, that we find that a violation does exist. CHAIRMAN LEFEBVRE: Do I hear a second? MR. DEAN: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Aye. MR. PONTE: Aye. MR. DEAN: Ave. ., MR. LARSEN: Aye. MR. KAUFl\1AN: ~Aye. CHAIRMAN LEFEBVRE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. And your recon1n1endation? MR. MUCHA: My recon11nendation is that all operational costs Page 43 1'" ~,\ ~ ~t ~ 1 liA 1 t,,''; 1 .(1 June 26, 2008 in the an10unt of$279.33 incurred in the prosecution of this case be paid within 30 days of this hearing, and for the respondents to abate all violations by obtaining a pennit, related inspections and certificate of occupancy for the lllobile hon1e located on the property within 30 days of this hearing or a fine of $200 a day will be imposed until certificate of occupancy is obtained, or by hiring a general contractor licensed in Collier County to obtain a demolition permit for the removal of the mobile home and all resulting debris to a site designated for final disposal. Licensed contractor must execute delllolition permit through to an issuance of a certificate of completion within 30 days of this hearing or a fine of $200 a day will be imposed until demolition permit received certificate of completion. The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct the final inspection and confirm abatement. I'll put this up so you guys can look at it. CHAIRMAN LEFEBVRE: Does the board have any questions? MR. PONTE: Yes, I do. I guess nUInber two answers Iny question. But I'm not quite sure we can do it. I'm very vague on the legality of going in and taking -- demolishing the property in 30 days MR. MUCHA: Actually, sir, I was going to say I'm not recolllmending that the county abate the violation, I'm just giving the owner the option. I mean, if -- MR. PONTE: Okay, I see. MR. MUCHA: Yes, sir. MR. PONTE: If it's 30 days, are we giving you enough tiIne to check with the tax office to try and track this respondent down? MR. MUCHA: rfyou would like to extend that time, 1'n1 perfectly fine with that. This has been going on since February, so I don't see how another 30 additional days would hUIi. Paae 44 b 16 J f' 1 June 26, 2008 MR. PONTE: I make a 1110tlon to accept it and just give ourselves -- give the county a little bit 1110re til11e. I'll 111ake it 60 days. CHAIRMAN LEFEBVRE: Sixty days for both? :MR. PONTE: Yes. MR. LARSEN: I'll second that motion. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Aye. MR. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. MUCHA: Thank you. CHAIRMAN LEFEBVRE: We're going to lTIOVe on to old business. Motion for imposition of fines and liens. First one will be BCC versus Willie L. and Marjorie Davis. (All speakers were duly sworn.) MS. ARNOLD: This is a request for imposition of fines against Willie L. and Marjorie Davis. The case was heard by the Code Enforcement Board on August 23rd, 2007 and the -- a violation was found. The finding of fact order has been provided to you for your reVIew. As of today, we -- they have partial cOlnpliance is our understanding, that they've got inspections for the site plan. But what's outstanding is a fence pern1it for the fence around the propeliy. Therefore, fines have accrued and continue to accrue until the final abatement. And we're at this tin1e requesting fines for $200 per day between the period of February 20th, 2008 tlu.ough May 15th, 2008, 85 days,a Pao-e 45 b 1611Al ~ June 26, 2008 for a total of $17,000 be imposed. And the operational costs of 578.09 have been paid. And I believe the respondentf s engineer is here to make a request for abatement of fine. MR. BUTLER: For the record, I'm Gary Butler, representing Willie Davis, the owner of the property. We did enter into an agreement with the county to complete the work in six months. It was four months for permitting and two months for construction. We bUD1ed up an extra two months plus on the permitting side. We had to go to South Florida, we had to go to the county . We didn't actually receive our permits until near the end of March, at which time Willie progressed to do all the work that was required. We certified the work complete in mid-May. The landscaping inspection was done at that point in time. The engineering inspection was not. I called the county every week trying to find out where that letter of approval was. And they were waiting for the building permit 800 request to come in. But there's no building so there's no 800 request. I finally talked to him yesterday. He met me on the site this morning and signed off on the engineering aspects of the site, so we should have that letter within the next couple days. Once we get that letter, we can get the occupational license transferred to the property, if that's what's required. I've been told that, but it doesn't make a whole lot of sense to put an occupational license on a piece of property that has no business. His business is at his house, his office, and that's where his occupational license has always been. And if we need to transfer it to this piece of property -- all he does is store trucks. He doesn't lease space or anything like that. If we have to transfer that we will. But we can't do that until \ve get the ~ letter frOlTI engineering. Page 46 1,fl~1 June 26, 2008 There is no CO. Pali of the thing ~Tas saying getting a celiificate of occupancy. There is no CO because there is no building. The fence permit issue got brought up today. As soon as we got the SDP issued, we asked the fence company to request a permit. You can't get a permit for a fence until the SDP is issued. They have not done that. We found out this morning that that permit had never been issued, so we've been on the phone with them today. That will be issued in short order. I'd like to ask for the fees to be waived. I mean, I know 20 wrongs don't make a right. But I've driven through that industrial park and I can't find one other storage site that has a buffer. They've all got fences, none of them have buffers. Willie's site looks great now. I mean, it's better than any of the developed sites that have buildings on them as far as the landscaping and everything else. A11d I think the -- that Mr. Snow can confirm that. He spent 10,000 plus in fees to the county, including sidewalk mitigation and right-of-way permits and SDP fees. Obviously none of the other storage sites have done that. He's probably spent $30,000 improving the site so he can just store his trucks there. All of his competitors are storing their trucks out in the Estates with no requirements for buffers or anything else. So he's done the right thing since day one. And he's done his part of the job perfectly. We did -- he said 60 days originally he'd get his work done once the penn its were issued. He got it done in less than 60 days. So I guess I'lll asking to waive the fees. Two things we need to do is pick up the fence pennit, which we can provide a copy to code enforcement. And the second thing is transfer the occupational license. And \ve're going to find out today if that really needs to be done. I Inean, I would think it would lnake sense to have the occupational license where the office is, not -- yes, I've had that COlne up n1any Page 47 1 1 A 1 '. June 26, 2008 times~ I'm sorry. And have the occupational license transferred to the site if necessary. Those are the two outstanding itelns. CHAIRMAN LEFEBVRE: Well, they're still outstanding items, and typically \vhen there are items that are outstanding, it is not the -- the board typically does not allow the fees to be waived at that point, until you come into full compliance. And it doesn't sound like you have, even though you have a few issues to take care of, minor issues. So it would be my feeling that I would not agree to waiving any fees at this point until the -- until it comes into full compliance. l\1R. L'ESPERANCE: Mr. Chairman, I would echo your comments 100 percent. CHAIRMAN LEFEBVRE: Any other thoughts? MS. ARNOLD: You do have an option, which, in discussing - \vith Mr. Butler, that he indicated that he thought that this was going to corne into compliance next week. I know that he did attempt to get a final inspection from the county over a month ago and because of the confusion with the 800 inspection it didn't happen. You could decide on whether or not you would abate or reduce the fine with an extension of -- I don't know how llluch time you're thinking it's going to take you to abate this violation completely. MR. BUTLER: Willie could go and get the permit today. I think that's a one-day permit, you walk in and you walk out with the permit. MS. ARNOLD: Yeah, but you still need to get an inspection. CHAIRMAN LEFEBVRE: Can we continue this until next Inonth? MS. ARNOLD: You could do that, or you could n1ake a decision on any n10dification to the fine contingent upon that additional tilne. And if they make that time, your fine's abated. If they don't Inake a fine, the fine gets imposed. You understand what I'm saying? MR. L'ESPERANCE: IYfr. Chairn1an, I think I'd be comfortable Page 48 161 -i-A..rj ~~ Ji. . 1b.ne 26, 2008 in vvaiting till next 1110 nth' s nleeting to see vvhat they truly, actually accomplish. CHAIRMAN LEFEBVRE: I would have to agree with that. But would you like to put that in a motion? MR. L'ESPERANCE: I move to V\Tait till next month's hearing for us to find out the status of your progress and till we decide whether or not to abate the fines. CHAIRMAN LEFEBVRE: And do I hear a second? MR. PONTE: I will second. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Aye. MR. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: Aye._ MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Aye. It's going to be continued until next month. MS. RAWSON: July 31st. CHAIRMAN LEFEBVRE: July 31st. Are you going to waive notice for this Illeeting? MR. SNOW: I'll let hi III know, sir. Just for the record, the site does look very good. They've done massive iIllprovelnents on that property from the way it was. Just for the record. CHAIRMAN LEFEBVRE: Okay. We can save that for next month. MR. BUTLER: Thank you. MR. SNOW: Thank the board. CHAIRMAN LEFEBVRE: BCC versus EIlln1a Houston. MS. ARNOLD: This paliicular case was -- rIll sony, you've got to swear theIll in. CHAIRMAN LEFEBVRE: We're going to take a five-minute Pa2e 49 '-' l6/1A1 ' June 26, 2008 recess. (A recess was taken.) CHAIRMAN LEFEBVRE: I'd like to call the Code Enforcement Board meeting back to order. BCC versus Emma Houston. MS. ARNOLD: Yes, this case was heard by the board on January 24th, 2008. The finding of fact, order has been provided for you for your review. A violation was found for two mobile homes on the property, approximately 18 to 24 inches from the rear property line in violation of setbacks and both mobile homes having illegal conversions fron1 single-family units to lllulti-family units without permits. Compliance has not yet been met. And we at this thne would like to have fines at a rate of $200 per day for the period between April 24th, 2008 through May 15th, 2008 for a total of $4,400 be imposed and the fines continue to accrue. The operational costs of $333 .13 have been paid. And Ms. Houston is present as well. (All speakers were duly swon1.) MS. HOUSTON: First I'd like to apologize for being late this morning. I have with me someone to help represent me, and I will let him do the speaking right now. MR. HOUSTON: To the board, my name is Joseph Houston, I'm the son of Emma Houston. We were late for a motion for rehearing. We're just here to say to the county on the -- we had a letter mailed out April 21 st, 2008 questioning the decision on the county's -- in reference to the fines -- or the decision in removing the property. We had no response from the county in reference to that. Now, it's quite strange that we had a Inotion for a rehearing on the same date -- having to do with the same case on the same date they were going to imposition of fines in reference to the SaIne case. So \ve were unaware that we were on the docket for both situations today. However, we were late for the rehearing, but we were given a Page 50 ~ 1611Al) ) J une ~6, ~008 letter to the county on April 22nd. \Ve also gave a leLier to the county on June 12th. It was not so much -- we \vere just asking the questions why did the county decision vveigh the way it was, being that the fact that they came to us, wanted us to Inake maj or repairs to the property and then decided that removal of the property at a later date. And that was the -- that was in the letter dated April 21 st, 2008. And obviously we're too late for the motion for the rehearing. So we're here for the lTIotion of imposition of fines, but they directly -- one affects the other. CHAIRMAN LEFEBVRE: I think you were here when we had another case in front of us where you stated that -- I guess, are you looking to reduce the fines -- but you're not in compliance at this point. What are you doing to get into c01l1pliance, to come to compliance? MR. HOUSTON: Well, this is the nature of everything. We were under the impression -- obviously we already went through the phase that you guys said you wanted A, B, C and D done. CHAIRMAN LEFEBVRE: Correct. MR. HOUSTON: Ms. Houston has looked in sort of avenues and understands that she might be put into a position financially to have to remove the property because I think the SDP was just to put in for it, it's like $4,500. Now, to understand that, we're just asking the county, why did the county have Ms. Houston put in four, $5,000 worth of imprOVelTIents to the property and then suggest to her we want you to remove the property. It seems like you sOli of put her in a very liable position, or put the county in a liable position to hey, ,ve want you to fix this. And then after she fixes it, then you tell her we want you to relnove it. CHAIRMAN LEFEBVRE: Well, in our order it says either/or. You either obtain all required pern1its for additions to conversion of and plaCelTIent of both lnobile hOlnes and by retaining all required Page 51 '-' 1.. ~.. ~ '" 16 J ",.~ iJtuJe 26~ 2008 inspections and certificates of occupancies within 90 days, April 23rd, 2008. In the alteI11ative, which Ineans you either do one or the other. So I guess the question I have is has I\1s. Houston been working towards getting the permits and the COs? MR. HODSTON: The attorney has suggested to us even to go get an SDP will take over -- quite -- about, six months to even get an SDP. CHAIRMAN LEFEBVRE: That's fine. What has been done to go ahead and get this corrected? You have either/or. rfyou don't want to take the option of going and getting an SDP, then your alternative \vould be to demolish the property. MR. HOUSTON: Okay. From the point which you1ve given us the time period, there was no way the engineer was going to be able to get an SDP done in that time period. CHAIRMAN LEFEBVRE: But if you've heard SOIne of the cases, people have worked towards correcting the issue and we've extended their time periods. We are hard pressed to extend any kind of time periods if nothing's been done. You have to take some action for us to take some action. MR. HOUSTON: Okay. Now we've been given the impression that that's a workable situation. We're under the impression it's a do or die situation, whether we get it done or not get it done, she was going to be pushed into that comer. However, I wasn't here at that hearing. I'In just obviously expressing her side of it. She can obviously get up here. I'm just telling you her position \vas she was not going to be able to get it done in tilne. So she wasn't going to invest four or 5,000 additional to \vhat she already did in repairs when she's pushed in the corner to say, hey, this has got to be done in two or three months and it's not going to be done and she wastes more 1110ney. CHAIRMAN LEFEBVRE: There's a couple of things we can do here. One thing we can do is ilnpose the fines, which \vould n1ean that Page 52 i1? 1 A 1 fV' June 26~ 2008 fines start accruing. The other one is we can push off having the fines start take effect. It would be -- I don't know vvhat the board's decision would be. But I would be hard pressed not to impose the fines because nothing's been done to try to correct the situation, from what I understand. From what I'm hearing from you, nothing's been done. When we did impose -- or when we did decide to give 90 days, she certainly could have came to us and said I don't think 90 days is going to be enough, or as soon as you realized that that was going to be the case, to wait until now to come in front of us. MR. HOUSTON: It wasn't a point of waiting till now to come in front of you. Obviously you guys put it on the calendar when you COlne to it. But these letters are not dated just yesterday. Obviously I know you guys have meetings and don't respond to- the letters. But just the letter, you know, our suggesting that if we try to achieve that, that we would be allowed some extension of time. But it was nothing -- none of the letters that we responded to the county, nothing got responded back to Mrs. Houston, only to a rehearing. And we have requested documents from the county as far as the property is concerned to find out -- to find out -- to support and to be able to find out what has been done, and we have yet to got those documents as well. All these letters have been certified. And it's not like Ms. Houston is not aware. I think even the county has went and got a demolition permit. She's pushed in a corner. What she doesn't want to do is invest her Inoney into a situation -- Inore money into a situation that is uncurable from the county perspective. Obviously you've given her a choice, but she wasn't going to invest the Inoney and was told that the attorney said and the engineer said it's not going to be done in that significant an10unt of time. So she didn't want to waste the n10ney in getting it done. And the probability of it getting done \vithin that tilne is not -- wouldn't have Page 53 '- 16 I 1 A luneJfJ,2008 happened. So obviously 1'n1 just here to express some feelings of vvhat her situation is, and obviously the board can make a decision froll1 there. MR. PONTE: At this point has she retained any professional advice? I mean, does she have a contractor or does she have an attorney? What's-- MR. HOUSTON: I know she has been in touch but I think it would be hearsay. I'll let her speak directly when it comes to that, okay? :MR. PONTE: Okay. lv1s. Houston? MS. HOUSTON: Yes. MR. PONTE: At this point have you retained any professional help in tenns of a contractor or an engineer? MS. HOUSTON: Yes, I went to Mr. Tyler to start the vvork. He told me what it was going to cost and what his fee was. And he said then you really don't have enough time with the time they give you to do this. So then I'm in a hard place. But the thing is, at first -- I have never had this to happen, really. But at first to put this much money and it's over. And it's not only that, because something happened prior to the property. I had just put more money in there when they had something that was done there also. Then I had to put this Inoney, which drained me, from the storm. And also the 30,000 that we put in taxes, like with taxes that was put in there during that same time, all that money came from my account. And I'm not -- I'm not into real estate, I'n1 just a small, you know, person, you know, just had a property that was passed on to Ine during divorce to pay for the other mortgage on the other propeliy that I have. And this is just like a dOInino effect, when one thing falls, then this is going to do like that. Because the time frame, I'ln crushed, you know. MR. PONTE: What amount oftilne did the engineer suggest to you would be appropriate to cOInplete the job? Page 54 <"\ ,. i '\ ~U 1 AIle 26, 2008 MS. HOUSTON: Vlith the tilne frame that I 'Ivas standing here listening to, he told Ine you definitely need more tiIne than that. And MR. PONTE: Well, that may be, but did he give you an estimate as to what it would take? MS. HOUSTON: No, he just told n1e that it vvas Inore than what they were given. He'd seen it before and they don't have enough time. And even if I -- even if I was going another step to reconstruct something, because the people that I have now that are staying there -- I have some people that are staying there over 10 years, you knovv. MR. HOUSTON: I would interject that I did speak to him directly. I didn't -- I wouldn't say -- but he told me it would at least take for the SDP to be even put together and looked at, it would be at least six months, I think that was his quote. MR. PONTE: Thank you. CHAIRMAN LEFEBVRE: Any other questions? MR. KAUFMAN: I'm a little unclear as to exactly what you're asking for at this time. :MR. HOUSTON: Well, just to clarify this again, the letter that we sent out, we were just asking -- we actually didn't really ask for a rehearing, we're asking the county to specify why they took the position of having Ms. Houston put an exorbitant amount of money to fix the problems which they had made record of and then literally carne out again telling her this needed to be done after another tremendous financial situation come up right after she had just put up five or $6,000 in repairs. And they COIne to her and said well, either we're going to have to relnove this or you're going to have to do A, B, C or D. And then put her in the straight that hey, you've got 90 days to comply when it takes six n10nths to even get an SDP. So we're like, if you guys want us to remove the building, obviously that's absolutely fine. But why \vould the county take the position to have her pay all this n10ney in repairs when sOInething that Page 55 1i ~ 1 A'1 ~.. 1rIne 26, 2008 ~,;'I.., he feels like Inaybe should be t0111 dovvn, I\1R. SANTAFEMIA: If I may. For the record, John Santafen1ia, Collier County Code Enforcement Property Maintenance Specialist. Just point of clarification. What I believe Mr. Houston is referring to is that this case initially started as a property maintenance case. It came in as a cOlnplaint to me by one of her tenants at this location. While I was doing the investigation for the minimum housing end of it, I started discovering permitting issues; there was some setback violations with the mobile homes, stuff like that, which is why she's here today. The -- what I did ,vas I completed the Notice of Violation for the minimum housing part of the case, the original case, and I created a new case for the land use permitting issues. There's no site development plan violation that I've noted in my case. The Notice of Violation vvas Inailed to her. And in the interim I was doing the investigation, the research behind the permit issues, because they take a little longer to do the research. The original Notice of Violation for the n1inimum housing that was mailed out was actually returned unclaimed. I updated another Notice of Violation and I ended up posting that Notice of Violation at the location of violation. That was done on August 29th of '07. On September 10th of '07, I had a conversation with Mrs. Houston on the telephone, and in that conversation I had advised her not to put any money into repairing the mobile homes because at that point I was discovering that the mobile homes may have to be relTIoved. And I did advise her of that, not to do that. She actually kind of rushed Ine off the phone and asked Ine to call back and leave all that inforn1ation on her voice mail, which I did. It's noted in my case. In the meantime I put that lninilnal housing case on hold until I resolved the land use pennitting issues, advised her not to do any of the repairs. If she did theIn, she did theln against Iny advice. Page 56 ~ J1 1 A 1 ic"~ June 26, 2008 MS. HOUSTON: May I say -- CI-IAIH.MAN LEFEBVRE: I don't vlant to rehear the case at this point. MS. HOUSTON: I know you don't, but incoITectly it's being stated. So you can -- if I don't have nothing to say, I can't. CHAIRMAN LEFEBVRE: 'Ve're not talking about the minimum housing. :MR. SANT AFEMIA: Right, the minimum housing case was not brought before this board or the special magistrate. That is a case that is -- it's still open but it's on hold until this gets resolved. CHAIRMAN LEFEBVRE: Any other questions of the board? MR. LARSEN : Yeah, I have a question for Mr. Santafemia. In regard to the violation, has any work been done to fix the violation? MR. SANT AFEMIA: Not to my knowledge. Mrs. Houston did bring in a piece of paper from Tyler Construction that she presented to the board and myself at her hearing in January, stating that they were going to work with her to correct these problems. And that's it. To my knowledge nothing has been done to correct these problems. There's no permits, there's no -- there's nothing been filed with the county to correct any of these issues. MR. L'ESPERANCE: Mr. Chairman, I would wonder if the county attorney's representative feels the necessity to make any comments on this or not. MR. WRIGHT: For the record, I'm Jeff Wright, assistant county attorney. I'lTI happy to answer any questions. I'nI not sure if there's any paliicular issue that you're focusing on, but that's what I'lTI here for, if I can help with that. MR. L'ESPERANCE: It SeelTIS to be sOlnewhat of an issue of understanding the original board's order, perhaps. MR. WRIGHT: My understanding of the board's order was it was optional and it was her choice as to which course of action she Page 57 161 1lAl June 26~ 2008 wanted to take. It seen1S that one of those courses of action is more burdenso111e to her than the other. But again, it's her call. And ultimately this is a request of imposition of lien, so we're trying to focus on what the number should be. She may have some mitigating factors or information for you to consider in the request for imposition, but beyond that, I think that that should be the focus, determining what if any the lien should be. MR. L'ESPERANCE: Thank you very much. MR. LARSEN: I just have one more question on the investigator. Al"e they still, these mobile homes, still occupied as multi-family units? I\1R. SANTAFEMIA: To my knowledge, yes, they are. MR. LARSEN: ..And they do not have proper permits on them? MR. SANTAFE~1IA: Correct. MR. LARSEN: I have no further questions. Thank you. CHAIRMAN LEFEBVRE: Do I hear a motion? MR. LARSEN: I move that we accept the recommendation of the county and impose the lien in the amount $4,400. CHAIRMAN LEFEBVRE: Do I hear a second? MR. L'ESPERANCE: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Ave. 01 MR. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion is approved. Do you understand \vhat \ve just did? We're in1posing fines, and Page 58 l' . '6 1Al t'. June 26, 2008 until the items are COITected fines will be collected every day on your property. So suggestion would be to go ahead and one oftvvo things: Is go ahead and start your process, if you need to get a site development plan, whatever it needs to get to come into compliance or B, to remove the property -- to remove the mobile homes from the property . Is that clear? MS. HOUSTON: So what you're saying, that I am going to be fined. Even though if I go ahead and do these things, I'm still going to be fined because I -- CHAIRMAN LEFEBVRE: But you can COllle back to us and ask to have your fines either reduced -- MS. HOUSTON: And I'm so sorry, can I say one sentence? This is going to be a sentence -- CHAIRMAN LEFEBVRE: Well, this isn't really a tilne to-- MS. HOUSTON: I still have -- you know, I have been in this area for quite a long time and I have worked for the county a long thne. But I always think: justice ought to be justice. And because of this, I have already spent money over that amount. And for the code enforcement, who has been sworn in, to give the incorrect information, because the next step is to give me a legal letter saying stop. I have never received it, and he never did it like -- CHAIRMAN LEFEBVRE: I asked if you understood what your options are. MS. HOUSTON: I understand my option of that, even though it was not justice done here. CHAIRMAN LEFEBVRE: Okay. Thank you very ll1uch. Next one will be BCC versus Frank Fernandez. MS. ARNOLD: Yes, this case was heard by the board on March 27th, 2008. Violation was found for vegetation renloved on an undeveloped property without appropriate pennits. The order has been provided to you all for your review. Page 59 161 lAl "4 June 26, 2008 At this tin1e the C0111pliance has not been Inet. Fines have accrued at a rate of $200 per day fro111 the period of April 27th, 2008 through May 15th, 2008, for a total of $3,600. And they continue to accrue because compliance has yet to be Inet. Additionally, $463.99 for operational costs are being requested for a total imposition of $4,063 -- $4,400 -- no, sorry, $4,063.99. MR. L'ESPERANCE: Michelle, is there a difficulty with the respondent's address or notification? MS. ARNOLD: I don't know whether or not he's received notice of this particular proceedings, but he vvas present at the hearing. MR. L'ESPERANCE: Thank you. (All speakers were duly SWOTI1.) MS. WALDRON: For the record, as Michelle stated, Mr. Fernandez \vas at the hearing and ,vas not happy, of course, about what happened, and basically said -- J en Waldron, Code Enforcement, for the record. If you have any questions, I'll be happy to answer them. He has not contacted me at all since the hearing, so -- CHAIRMAN LEFEBVRE: And nothing's been done on the property? MS. WALDRON: Nothing's been done on the property. I was out there on Tuesday and it looks exactly the same as it has. MR. LARSEN: I make a motion that we accept the county's recommendation and issue an order imposing a lien in the amount of $4,063.99. MR. PONTE: I'll second. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Aye. MR. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: Aye. MR. KAUFMAN: Aye. Page 60 161 1 A 1 M June 26, 2008 CHAlRI\1AN LEFEBVRE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion is approved. MS. WALDRON: Thank you. CHAIRMAN_LEFEBVRE: Bee versus Mahir Trading Corporation. MS. ARNOLD: Yes, this case was heard by the board on February 28th, 2008 for a ground sign without pennit. A finding of fact was entered and a violation was found. The respondent has complied with the board's order. However, fines accrued at a rate of $150 per day between March 31 st, 2008 and May 20th, 2008, for a total of $7,500. And the respondent has paid operational costs in the amount of $439.26. MR. HART: Hello. CHAIRMAN LEFEBVRE: We're going to swear you in. (All speakers were duly sworn.) CHAIRMAN LEFEBVRE: Are you with them? If you're to give any kind of testimony, both of you would have to be -- okay. (Speaker was duly sworn.) MR. HART: My name is Kevin Hart. CHAIRMAN LEFEBVRE: And spell -- MR. HART: H-A-R-T. MR. AHMED: My name is Ali Ahmed. rln from Mahir Trading Corporation. CHAIRMAN LEFEBVRE: Do you have the authority to -- MR. AHMED: Yes. CHAIRMAN LEFEBVRE: Do you need the spelling and everything? MR. AHMED: My name is A-H-M-E-D. CHAIRMAN LEFEBVRE: Go ahead, sir. MR. AHMED: We just bought that station in 2006 -- in 2007, Page 61 1611A'i June 26, 2008 June. And then vve have a gas contract \\lith the Florida gas supplier, which is Monuf Rashed. Monuf Rashed, his name is M -0- N -U - F, R-A-S-H-E-D. CHAIRMAN LEFEBVRE: We don't need to rehear the case, so are you looking for reduction in the fines? And if you are, why would MR. AHMED: Yes. Because of the -- we did the -- whatever is done, the PBS gas supplier, he came, he say he's going to do it. And Mr. Kevin Hart, he was doing that sign, SUll0CO sign. And he done -- he, I think, took the permit. But some little sign, (unintelligible) sign, I think it was not in the permit. There was something put in there, and then somehow there was delaying, delaying. We don't know what they're doing. They was responsible for the sign. And we don't know what they're doing. They're sending him to correct that. So then he did or not, and the other guy, the gas supplier, he say, you know, just ignore it or something like that. So we don't know was. He just telling us Tuesday morning, say the PBS o\vner tell him to ignore it. CHAIRMAN LEFEBVRE: When did you come into compliance? When was-- MR. HART: When was the sign removed? MR. AHMED: We picked up the sign on, I think, May -- MS. PATTERSON: May 20th. MR. HART: May 20th. MR. AHMED: I think you came in on May 20th, after two days. And same day we found the probleln, it was May 18th. And then right away we call Edison Oil, and they caIne and they take the whole sign out -- Edison Oil Company. And then after we take the sign out Iny business is really get down, and vvithout sign vve cannot do anything in there. Last almost one and a half years we suffering Inuch, n1uch, n1uch. A11d we -- Page 62 lAl1 June 26, 2008 when I bought the business, business was too high, now its -- 2006, August 22nd. And then after that, we having lot of problem with the sign, and after that, after three months \ve having down business, is keep downing. Last month we did like we used to be do lot of business, but we, like a -- 60 percent down business, I know, because of the sign. And we are not doing anything in there right now. MS. PATTERSON: I think what happened in this case is that just as Mr. Ahmed is saying, that they did buy the station. I think there were some issues there prior to his purchasing the station. In my experience there's been a lot of players in this game here with trying to get the sign permitted or relTIoved or whatever. I've talked to a number of different people. Mostly I've talked to Mr. Hart; He's the contractor trying to get the sign COld. I would just like to say for the record that the permit for this sign was a Sunoco ground sign, was issued in January of '07, January 3rd of'07. The permit expired on July 2nd of'07 because all of the inspections and certificate of occupancy was not obtained. I did speak to a number of people, as I said, with regard to this sign, trying to prompt them to get and move on the sign and get it taken care of. I think that at one point, as he was talking about, Mr. Rashed, he was working with a Mr. Rashed from Florida Gas Suppliers, who was his gas supplier. And he was thinking that Mr. Rashed was taking care of the situation, when he was not. When we came before the board the last time, Mr. Ahmed had someone here acting on his behalf and he signed a stipulated agreement to say that they agreed to all the tenns and conditions set forth by the county. So, you know, bottom line is that they were to come into cOlTIpliance by relnoving that sign or getting their CO by March 30th of2008 or the $150 a day fine would be imposed. I lnade a site reinspection on May 20th of 2008 and it revealed Page 63 11 k ~ lAl ~;. f June 26,2008 that the con'ective action had been taken. The sign was removed at that tinle. So as we said before, the fine vv'ould -- if the board wishes to impose the fine, it would run fronl March 31 st to May 20th. That would be the day that they did come into compliance by removing the sIgn. CHAIRMAN LEFEBVRE: On this imposition of fine, it says respondent has complied with CEB orders as of February 28th, 2008. MS. PATTERSON: It should be the 20th. MS. ARNOLD: The affidavit says May 20th, '08. The inspection was performed -- I'm not sure what you're refelTing to. MR. DEAN: Where it says respondent has complied with CEB orders as of February 28th, '08. Right above recommendations, that line. ~1S. ARNOLD: Oh, okay, on the executive summary. That's just how Bendisa writes it. That's the date of the hearing, February 28th, 2008. He is not -- he had not complied on that date, that was the date of the hearing. The order was February 28th, 2008. So -- the issue really is your order required obtaining permits, I believe, to permit the structure -- or permit the sign or remove the sign. And the sign was removed without a demo permit. And then didn't -- the investigator wasn't informed of its removal until she did a site inspection on her own to -- but vv'e are recommending that the fines be imposed to that May 20th date of her site inspection because that's the only time that we are aware because of no permit activity whatsoever that the sign was actually removed. CHAIRMAN LEFEBVRE: Do I have any lnore questions of the board? (No response.) CHAIRMAN LEFEBVRE: Do I have reconlmendation, or a motion? MR. LARSEN: I'd like to Inake a motion. I'd like to move that we reduce the alTIOunt of the fine frOlTI $7,500 down to $1,500 and Page 64 161 1 A 1 June 26~ 2008 , ., assess the operational costs of$439.26 on top of that, for a total assessment of $1,939.26 to be posed as a lien. CHAIRMAN LEFEBVRE: But the 439.26 has been paid. MR. LARSEN: Oh, have been paid. So it would just be reducing the amount of the fines down to $1,500. MR. DEAN: I'll second that motion. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Aye. MR. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. Did you understand what we just did? We reduced the fines. MR. AHMED: My question is why I have to pay fine, because we are losing so much business. A11d then it's not my fault to do that all these things -- CHAIRMAN LEFEBVRE: The reason -- the reason we reduced the fines, it was supposed to be corrected in a certain amount of time which it wasn't. So we reduced the fines to $1,500. MR. HART: Are you liening the property or can he just pay the fine? CHAIRMAN LEFEBVRE: He can just pay the fine. He can get \vith Michelle. MR. AHMED: But is not my fault was -- CHAIRMAN LEFEBVRE: We're done with the public hearing and you can go ahead and get-- MR. AHMED: Thank you. CHAIRMAN LEFEBVRE: -- get in touch vvith Sharon or Page 65 I lJAe~6, 2~~8 l\1ichelle. Thank you. ~v1S. PATTERSON: Thank you. CHAIRMAN LEFEBVRE: Next case, Bee versus A.L. Petroleum, Inc. MS. ARNOLD: Yes, and Arthur H. Lennox should also be included on that. This case was heard by the board on January 24th, 2008. A pole sign violation, wall sign violation and banner sign violation were found in violation on that particular date, all without appropriate permits. To date not all the violations have been in compliance. The banners have been corrected, and I'll let the investigator kind of give you more detail on that. But we are asking at this time that fines at a rate of $100 per day from the period of April 24th, 2008 through May 15th 2008 for a total of $2, 100 be imposed and continue to accrue until all violations are abated. Operational costs in the amount of $573.86 have been paid. (All speakers were duly sworn.) CHAIRMAN LEFEBVRE: Go ahead. MR. LENNOX: Arthur Lennox -- CHAIRMAN LEFEBVRE: And state your name, please. ~1R. BOWER: Tim Bo,ver. CHAIRMAN LEFEBVRE: Mr. LelIDox, I ask this to all parties: Do you have authority to sign for A.L Petroleuln, Inc.? MR. LENNOX: Yes, I do. CHAIRMAN LEFEBVRE: Go ahead. Are you looking for reduction in fines? We can't really -- you haven't cOlnplied, so I guess what's -- MR. LENNOX: Yes, we have complied. We made a mistake. We did not call -- I have the original findings of fact. And the original findings of fact, we went through the fact that we had bagged our sign, Ineaning it was a mobile and we put a bag over it, which was illegal. Page 66 161 1Al ~,4 June 26, 2008 We had put sonle tenlporary things on our canopy that said BP, and that was illegal. We also got into a long disseliation at the last 111eeting about 111Y Subway signs. And I brought out all the old permits that I had showing that we had permits. At the end of the meeting there was no discussion on the Subway signs. And I have right here the findings of the fact that says the pole signs was altered and three balmers that were on the canopy were wrong. There \vas nothing else in the findings of fact about Subway or anything like that. So I -- Tim here got the permits. I paid my fine. I contested the fine because I thought you guys said 100 bucks, but I paid it and I never heard back. I wrote a letter. And Tin1 came in and did all the work. And in the findings of fact, it says my alternative by removing all non-permit signs including supporting structures within 90 days, which is April 23rd, and should a wall sign be removed, removal is to be included. So we did everything on March 28th. Everything was gone and done, nicely cleaned up on the signs. The problem was down here on number five, we're supposed to notify the code enforcement and we did not. So we were done a month early with all the, quote, illegal things. And I thought Tim was going to do it, but he never had the findings of facts. I never sent them to him. But he did as a -- he knew that when we were here we had to have it done by April 23rd, and he was all done in March. So we continued on our merry way, getting the rest of the signs done and all the COs and things like that and it takes -- you know, he comes out of the Tampa area, and he finally got them all done and he has COs on everything. But as far as what we had illegal in front of you guys, we were cleaned up a month early. As far as getting all our ne\v COs done, we just finished that this \\leek. But I don't see why that's -- you shouldn't Page 67 1 lA1 III June 26~ 2008 have to telllne that I have to have a CO in 30 days. As long as I cleaned up my violations. Yau can tell me to have my building done in so much time. So I don't see where I should be getting any fines. And if it was a problem, she's been on my case since I've owned the facility. She won't even COlne in and see me anymore, but I think she would have said something. And then another situation when she finally did call me I think -- no, I called her up to find out what this -- what's this hearing all about. I thought the hearing -- it didn't say anything ,\Then you told me to come to this -- I thought the hearing was on the fact that I paid $500 and contested it because I thought it was $100. She said oh, no, you're in violation of this, this and this. I said, what violations are we in? She called me back, said, well, you didn't-get a den10lition pennit. This is a copy of the penn it that we pulled. This is for our sign. This is -- I went down to the county yesterday and had it copied. And it says right here on our deInolition -- our permit, existing sign to be removed. And now she's coming and telling me well, we have to have a demolition permit. Well, this got issued to us, stamped, sealed -- how are we supposed to know that we're supposed to have a demolition permit where we already got it on this one? So I'm not sure what's going on other than the fact that your guys are coming after me for n10ney all the time and I'ln trying to obey the rules. CHAIRMAN LEFEBVRE: Go ahead. MS. PATTERSON: For the record, Sherry Patterson, Collier County Code Enforcement. Mr. Lennox is correct in SOlne things. I would like to say right off the bat that, just to kind of do a quick scenario here, initially the case did involve three violations on this propeliy. One of the violations was a pole sign without a required permit and the sign was Page 68 'P'" l nlii('.Il allll 1Il.'_ 1 1 A J June 26~ 2008 110t being Inaintained and repaired, He would not be able to get a permit for a sign of that size, it was too tall and it \vouldn't comply with today's ordinance, so he would in fact have to take it down. So I'd like to go back to the order of the board, which simply states that Mr. Lennox was to obtain all required building pern1its and inspections and certificate of occupancy within 90 days. Part of that required building permit would be a demolition pennit to remove that sIgn. That did not happen. That's where that came from. MR. LENNOX: May I interject for one thing, on just what you said? It says vvithin -- we have to get all our CDs by 30 days. Number two says in the alternative, by removing all nonpermitted signs, including supporting structures, within 90 days. That's our alternative. And that's exactly what we did. We had them down before they -- continue reading. MS. PATTERSON: Okay, let me just say, you are correct, you did take it down. However, when you took it down, you did not obtain the demo permit to do so. That's my contention. MR. LENNOX: I have it right here. MS. PATTERSON: Also there were three banners attached to the canopies without the required permits. They did take those down, that's abated. There are two wall signs for Subway without required permits. When we were last before you, the respondent brought up that there was a permit for those signs. During my research, I found that in fact there was, but there had been a change made to those, so they did an alteration on that sign which made the pennit no longer valid. So he needed a new pennit for the sign. MR. LENNOX: Can I comment on that? CHAIRMAN LEFEBVRE: Well, werre not here to argue the case. Basically \vhat I'ln trying to get at is were there any issues with Pa2:e 69 <-- 1 6 I <1 ~ /1 ~ . 1i ""~'. T )6 ')00') .June ~ , ~ (:5 the county where we shouldnft ilnpose the fines. I guess that's \vhat 1'n1 getting at. I just want to know -- I'm not here to argue the case. MS. PATTERSON: Yes, there is. And I'd like to go to that right now. Basically my reinspection on April 29th revealed that the respondent did not follow the recommendation of the board, did not obtain all required Collier County building pennits, i.e., demolition permit for the removal of the pole sign. He did not obtain all required inspections and certificate of occupancy for the Subyvay ,vall signs on or before the compliance date of April 23rd. So those -- that's when he was -- he just had the Sub\vay wall signs CO'd yesterday, June 25th. His comply date was April 23rd, he's at June 25th. So in between, those are the tInes that may be imposed by the board. CHAIRMAN LEFEBVRE: So we're actually looking between April 24th and yesterday for fines. MS. PATTERSON: That's correct. That's correct. CHAIRMAN LEFEBVRE: Which would be -- do you have a calculation on how Inany days that is? MS. PATTERSON: I do not. Perhaps Bendisa-- CHAIRMAN LEFEBVRE: Because that would be the actual fine that we're looking at. MR. LENNOX: Why did your findings of fact give us an alternative to have everything relnoved within 90 days? CHAIRMAN LEFEBVRE: Right. But part of that alternative is that you have to get -- let Ine read it. Also part of it is you have to call code enforcement to notify theIn, that's part of this order. MR. LENNOX: Well, says either do one or two. And I did number two. CHAIRMAN LEFEBVRE: Even if you did number two, you still had to notify code enforcelnent to C01l1e out -- Page 70 1 A Ai 11 J1.. June 26, 2008 MR. LE1\TNOX: I agree that I did not give then1 -- I said that. CHAIRM:AN LEFEBVRE: Do you have any -- MR. LENNOX: But she also adn1its that she was there five days after the 23rd, which is only five days, and everything was gone. CHAIRMAN LEFEBVRE: Except she did say the Subway signs had been altered and they were not in compliance. :rvfR. LENNOX: But that's a ne\v permit that we're working on. We have three permits. We have a wall permit, we have a pole permit and we have a canopy permit. And we were working on those. And alls we wanted to do was -- what we were last time was the violations. We cleaned up the violations. And you didn't make any rulings on the Subway signs last tilne because Iny old permits were from '94 and '96, which I brought last time and I have then1 again today. So the only findings of facts you made last tilne were on the bags and the canopy signs. Can Tim say something, please? He's Iny contractor. CHAIRMAN LEFEBVRE: Sure. :rvfR. BOWER: Art's correct, you know, he was supposed to call. He told ine to make sure that we cleaned all this up. And we did. We went out there, we made sure we were out there on 3/28, removed the bags, we installed the ground sign. We went back a couple times after that to do some minor adjustments to the ground sign and we were complete on 4/16. I mean, the sign was complete. The site was completed. So apparently I guess it was my -- I should have called Shen)', okay, but we had -- it was a cOlnmunication issue that we had is what it was. And as far as the demolition pennit, I've built 1,000 signs in the last 10 years. I've never pulled a demolition pennit to take down a sign, because generally once you take the sign do\vn, you use the san1e circuit, you tie into it, you have to have an electrical inspection, a foundation inspection. That would be no different than if you took an Page 71 '- 161 ^ ", June.~6~"'2008 air conditioner off the roof and you had to disconnect the electric to put it back on. CHAIRMAN LEFEBVRE: Speak into the 111icrophone, please. MR. BOWER: Sorry. I've never pulled a delnolition. I -- ask Sherry that. I've never pulled a demolition permit to remove a sign. Generally a demolition permit is so you obtain the proper utility disconnects, you make sure there's no asbestos, you do an asbestos survey and, you know -- so the workers that are doing the demolition, you know, are -- but I've never pulled one for that. As far as notification of her, that's my fault, it's not Art's. I should have done it. It's a communication deal between us. But the work was done and it was in compliance. In fact, the last inspection I got I had to peel the sticker off the Subway permit, the original permit sticker off, because they were both on there, for the numbers. MS. PATTERSON: If I may just say one thing. With the demo permit, the reason the county requires the respondents to get a demo permit is because just what he said, there could be some health, safety issues with wiring or structural, you know, problems under there that we can't see. And that's why the demo permit is -- they ask them to get that. However, because the respondent did not call me to let me know when he did demo it and get the demo permit, I went out a few days later and found that they had the new sign installed. Well, Mr. Bower is saying that what they did at that point was they just hooked up the old electric to the new sign that's in there. So, you know, I don't know what we could require them to do now at this point for a delno permit since everything is installed, except for an after-the- fact demo pennit, if that is what the board wishes to do. MS. ARNOLD: Can I ask Ms. Patterson a couple questions just for clarification? CHAIRMAN LEFEBVRE: Sure. MS. ARNOLD: Sherry, the case that \vas brought before the Page 72 1 6 I ;1 ,,\1 J-l.. .)' )008 . une _0, .... board included specific wall signs, correct? MS. PATTERSON: Con"ect. MS. ARNOLD: I-Iave those wall signs been re111oved? MS. PATTERSON: No, they have not. MS. ARNOLD: Have they been pennitted? MS. PATTERSON: They have a permitted and they just got cord yesterday, June 25th. MS. ARNOLD: So part of the issue is the pole sign, and the pole sign -- I walked over and saw the plans that were submitted, allegedly, with the permit application. We don't have -- I don't have that to verify if that's exactly what was submitted. It does say in there that the pole sign will be removed. I mean, the board has the ability to give them that, that they notify the county and.ifthat's the s.ite plan that was in fact approved with the permit, that the county was then put on notice that that sign was going to be relTIoved. The only issue then would be the wall sign and the CO. of that, because that was part of the board's order. MR. LARSEN: I just have one question. Mr. Lennox, you mentioned before in regard to the investigator having knowledge of the removal within five days after it occurred. MR. LENNOX: Yes, she just said she was there. MR. LARSEN: I understand what she said, I'm just getting back. You said five days earlier? MR. LENNOX: The date you had to have this done was April 23rd. She said she was there April 28th. Yet she's trying to say it wasn't done for 60 days. MR. LARSEN: Okay. I understand. Thank you very much. MR. PONTE: Well, I'd like to make a motion. Seems to lTIe that the respondent is in compliance, and basically what we're turning on is point number five, is the fact that he didn't notify code enforcement that he was in cOlnpliance. Page 73 1 f:~ j1 1 it 1 · '" June 26, 2008 MS. ARNOLD: That's incorrect5 sir. He didn't con1ply with your full order until yesterday. MR. PONTE: All right. So what you're saying is that the -- without any photos, it's kind of difficult. But the Subway signs were not -- MS. ARNOLD: The wall signs. MR. PONTE: Right, the wall signs were not in compliance until yesterday. MS. ARNOLD: Correct. MR. PONTE: So Vie're only really talking about the wall signs in consideration. If we're just talking about the wall signs and the fact of the matter is that the respondent is in compliance, though late, I think the fines should be reduced to reflect that fact, that the compliance has been achieved and that the respondent was late in coming into full compliance. And so I would recommend that the fine be reduced to $250. MR. L'ESPERANCE: Michelle, is he in full compliance as of today? MS. PATTERSON: Yes, he's in full compliance as of today, other than the fact that I mentioned with the demo permit for that pole SIgn. CHAIRMAN LEFEBVRE: Any other -- is that a motion? MR. PONTE: Yes. CHAIRMAN LEFEBVRE: Do I hear a second? (No response.) CHAIRMAN LEFEBVRE: There is not a second. Do I hear any other suggestions? Any other Illations? MR. LARSEN : Well, you know, I'Ill also in agreeInent with Iny colleague that, you know, a reduction in fine is appropriate. But Iny concern is that $250 Inay be low for the circuInstances. My concern is basically whether or not he did it -- he complied in a tiInely n1anner. There IllUSt be, you know, SOllle acknowledglnent Page 74 16 I 1 fA 1 June 26, 2008 on their behalf that they did not c0111pletely fulfill the requirements of the order but they acted in good faith. So I would n10ve that basically we reduce the fine to an amount of$750. MR. L'ESPERANCE: I \vould second that motion. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Aye. MR. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Aye. Any nays? (NQ respollseJ) - CHAIRMAN LEFEBVRE: Motion has been approved. The fine will be $750. MR. LENNOX: Okay, how do we appeal it? CHAIRMAN LEFEBVRE: Jean? MS. RAWSON: In the order it will tell you, you have 30 days to file an appeal. I'll send you a copy of the order. MR. LENNOX: Can I just say one more thing. It doesn't say one thing in the findings of fact about the Subway signs. CHAIRMAN LEFEBVRE: The hearing has been closed. MS. PATTERSON: Thank you. CHAIRMAN LEFEBVRE: The next will be BCC versus Cynthia Aurelio Markle. MS. ARNOLD: Yes, this case was heard by the board on January 24th, 2008 for violations of interior remodeling without permits. The order has been provided for your review. The respondents have not yet complied with the board's order. Fines accrued at a rate of $1 00 per day between February 8th, 2008 through May 21 st, 2008 for -- there's a couple different parts of Pafle 75 ~ 1611Al June 26, 2008 your order here -- for failure to apply for pern1its. And then -- for a total of $1 0,300. And additionally, fines accrued from March 23rd to May 21st. And on your executive summary it says May 20th, but it should say May 21 st, for failure to get certificate of completions for those permits, for a total of $6,000 -- I'm sorry, $5,900. That's also an en"or on your executive summary. And additionally, operational costs in the amount of $320.05 have yet to be paid. So the county is now requesting that fines in the amount of$16,520.05 be imposed. CHAIRMAN LEFEBVRE: Can I have them sworn in, please. (All speakers were duly sworn.) MR. PAUL: The last time I had a conversation with the owner in regards to the wall in their garage, her response was if I wasn't going to pay it out of my own pocket, then she wasn't going to do anything. So that's where I left it off with her. CHAIRMAN LEFEBVRE: And when was that? MR. PAUL: It was sometime last month I spoke to her. I don't know the date offhand. But I've been to the site several times and she's not going to remove this wall or do anything in regards to it. I told her the fines and she doesn't care. She says the bank will take it anyways, take the house anyways. The bank has not foreclosed on her house or anything as such. So the fines will just continue to accrue. Renald Paul, Collier County Code Enforcement Investigator. CHAIRMAN LEFEBVRE: Any questions of the investigator? MR. LARSEN: Just to be clear. I mean, there's been no compliance whatsoever with the prior order of the board? MR. PAUL: No, there hasn't. MR. LARSEN: I lnake a motion that we ilnpose an order, or issue an order imposing a lien in the alllount of $16,520.05 as reCOlnlllended by the county. Page 76 n 11FT'lI __., MOl 4_ ..y: " A 1 r. ~Ul1e 26, 2008 oJ.:, CHAI~\1AN LEFEBVRE: Do I hear a second? MR. PONTE: I'll second. CHAIRMAN LEFEB\lRE: All those in favor? MR. L'ESPERANCE: Aye. MR. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEB\1RE: Aye. Any nays? (No response.) CHAIRMAN LEFEBVRE: There is none. Motion passes. Any new business? MS. ARNOLD: No. Just to note on your consent agenda that three items were forwarded to the county attorney's office for their consideration. CHAIRMAN LEFEBVRE: Do we need a motion for that, to forward? MS. ARNOLD: No, when you approve your agenda, it gets approved. I just wanted to note that. CHAIRMAN LEFEBVRE: Okay, very good. MR. LARSEN: Do we have to read them out on the record? MS. ARNOLD: If you'd like. CHAIRMAN LEFEBVRE: Okay. Do you want to go ahead and read it. MS. ARNOLD: Yes. The first item is Board of County Commissioners versus Albert Houston, Sr., which was CEB Case No. 2007 -63. Another case against Mr. Houston, CEB Case No. 2007-64. And finally, Board of County ComlTIissioners versus Eduardo and Maria Rodriguez, CEB Case No. 2007-80. CHAIRMAN LEFEBVRE: Thank you very lTIuch. Page 77 r'l''''' . ;;<11.111 16 I 1 'AJlt 26, 2008 Any repolis? COllli11ents? Next meeting -- MR. PONTE: I'd just like to make one comn1ent. I want to thank the county attorney's office, and particularly, I guess, Jacqueline Hubbard, for taking the position they did and keeping us all informed about the Marshall case, which looks as ifit's coming to a hoped-for conclusion. And I certainly thank the county attorney's office and Jacqueline Hubbard. Because you really did track me down \vhile I was out of the country and kept on me and make sure I got in to sign all the right papers. Thank you. MS. ARNOLD: Yeah, all the board n1embers that were named have been dismissed from that case. But I think the case continues -- including mys.el:f, I've been dislnissed from it. MR. PONTE: Thank you very much. CHAIRMAN LEFEBVRE: Next meeting will be July 31st, 2008. And do I hear a motion to adjourn? MR. DEAN: Motion to adjourn. MR. L'ESPERANCE: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. L'ESPERANCE: Aye. MR. PONTE: Aye. MR. DEAN: Aye. MR. LARSEN: Aye. MR. KAUFMAN: Aye. CHAIRMAN LEFEBVRE: Aye. MS. ARNOLD: Thank you. It's been my pleasure. MR. PONTE: Ours too. Page 78 16 r 1 A 1 June 26, 2008 "' ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :35 a.m. These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM Page 79 N!'~1Jer ~, ~Jsv. TR-ANSeRIPT OF THE l\lliETING OF T'l:-lE COLLIER COUNTY CODE ENFORCEIYffiNT BOARD -e CE\VED NAPLES FLORIDA Fiala R ~ Halas JUL 2 2 2009 Novelnber 20, 2008 Henning - C~e ~of~~ Coletta LET IT BE RE:MEMBERED, that the Code Enforceln in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.nl. in REGULAR SESSION at Community Development Services, 2800 NorlllIr6rseshoe--Drive, Naples-;Florida,----- ---- vvith the follo\ving people present: Chairman: Gerald J. Lefebvre Richard Kraenbring Robert Kaufnlan Lionel L'Esperance Edward Larsen Larry Dean George Ponte Kelmeth Kelly ALSO PRESENT: Diane Flagg, Code Enforcement Director Jennifer Waldron, Code Enforcement Investigative Supervisor Jean Rawson, Esquire, AttOTIley for the CEB Misc. Corres: oate:..Q.'7 t 'J-3/ 09- Item #: .J~L ll~ I Page 1 -;opies to; Not~bt 2l A01 ~ CHAlRl\1Al\T LEFEBVRE: rd Eke to call the Code Enforcernent Board of Collier County, Florida 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 Chairman. All parties participating in the public hearing are asked to observe Roberts Rules of Order and speak one at a tin1e so that the court reporter can record all statelnents being Inade. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and, therefore, Inay neeG to ensure that a- verbatiIn -record of the proceedings is made, \vhich record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County, nor the Code Enforcen1ent Board, shall be responsible for providing this record. May I have the roll call. MS. WALDRON: Good mon1ing. CHAIRMAN LEFEBVRE: Good morning. MS. WALDRON: Mr. Edward Larsen? J\1R. LARSEN: Present. MS. WALDRON: Mr. George Ponte? J\1R. PONTE: Here. MS. \V ALDRON: Mr. Gerald Lefebvre? CHAIRMAN LEFEBVRE: Here. MS. WALDRON: Mr. Kenneth Kelly? J\1R. KELLY: Here. MS. WALDRON: Mr. Larry Dean? :MR. DEAN: Here. MS. WALDRON: Mr. Lionel L'Esperance? :rv1R. L'ESPERANCE: Here. MS. WALDRON: Mr. Richard Kraenbring? MR. KRAENBRING: Present. Page 2 Nove!& !J2~J .. IvfS. \/1 ALDROl'J: And l\1r. Robert Kauflnan? lviR. KAUFMAN: Here. CHAIRMAN LEFEBVRE: Any changes to the agenda, please? MS. WALDRON: For the record, Jen Waldron, investigative supervisor of Collier County Code Enforcement. We have the following changes for the agenda. Under motion for rehearing \ve will be adding BCC versus Richard and Lisa Kames, CEB case number 2007060801. And we ,vill be llloving Item 4.C.2, Bee versus Brian and Dara Gonnan, CEB nUlnber CESD 20080008567 under Item 4.A, motion for continuance. -~_H~--CHAiRMAN LEFEBVRE: -Is-that it for the changes? MS. WALDRON: That's it. CHAIRMAN LEFEBVRE: Do I hear a illotion for approval? MR. DEAN: Motion to approve. MR. PONTE: Second. CHAIRMAN LEFEBVRE: Do I hear a second? MR. PONTE: I second. CHAIRMAN LEFEBVRE: All those in favor? MR. KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. LARSEN: Aye. MR. KRAENBRING: Aye. CHAIRMAN LEFEBVRE: Aye. MR. DEAN: Aye. MR. PONTE: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. Approval of the minutes for October 31, 2008. Do I hear a motion? Page 3 Ni,1 L J :0... ~10^ 1 J o\/4n~eJ L- ~ ~ ~ IvlR. DEAN: IVlotion to approve the rninutes. :tvfR. KELLY: Second. CHAIRMAN LEFEB\lRE: All those in favor? MR. KAUFMAN: Aye. MR. L'ESPERANCE: Aye. 1\1R. LARSEN: Aye. :MR. KRAENBRING: Aye. CHAIRMAN LEFEBVRE: Aye. MR. DEAN: Aye. MR. PONTE: Aye. MR. KELLY: Aye. - ---eHAlRMAN LEFEBVRE: -Aiiy-iiays? - (No response.) CHAIRMAN LEFEBVRE: Motion passes. We're going to stali off with a 1l10tion for rehearing, Richard and Lisa Kan1es. Can you please swear the paliies in. (Speakers were duly swon1.) CHAIRMAN LEFEBVRE: Go ahead. MR. KARNES : Yes, sir. Attorney Stephens is walking in right now. MS. STEPHENS: Good mOll1ing. I apologize. We were just across the way trying to sort out the time line details for what occurred last night. How are you this Inoming? CHAIRMAN LEFEBVRE: Good. Can you state your name for the record, please. MS. STEPHENS: Sure. Samantha Stephens on behalf of Richard and Lisa Karnes. I'lll not quite sure how to begin here and what the Board is looking for. But, Ms. Capasso, \vauld you 111ind coming to the Inicrophone, please? Thank you. Page 4 '-' 16/1Al NO\7ernber 2Cl~ 2008 CHAlHlv1AN LEFEB\lRE: Vle are going to have -- therefs a couple of parties that have not been s\yorn in. So, again, if you can swear thelTI in. (Speakers were duly sworn.) MS. STEPHENS: Thank you. Ms. Capasso and I were just speaking in the back to try and Inake sure that \ve had a firm grasp of the timelines in this case. Before cOIning to today's hearing and the request that was Inade by Mr. Kames, I \vatched the video of the last Ineeting that took place. And, I believe, that Ms. Capasso and I are in agreement. What we saw happen was the Board was discussing it first a violation that -- had-occurred that was written up by. the building-department:-- But what happened was during the Ineeting itself, \vhich is why we've asked for the review today, it kind of took, as we said, or we vvere just discussing in the back, a left-hand turn and went towards instead of the violation itself being cured, which was the whole reason why the meeting was called and that everybody was supposed to be deciding, it turned to becolning an issue of, "Well, wait a Ininute. We have an open permit," which was not the issue that was technically before the Board at that time. So that is why we have asked for your consideration today and just deciding whether or not to abate, reduce, Inodify, or whatever you will, the prosecution costs that were brought up and assessed by the Board at the last hearing. A11d with the Board's permission I believe that I can make a quick time line that will help clarify the issues and show hovv this particular violation as alleged \vas actually cleared up prior to the hearing or the proceeding that even took place last time in front of the Board. If I may? CHAIRMAN LEFEBVRE: Well, are you looking to rehear the case today? MS. STEPHENS: No, \ve are not. We are only looking to Page 5 16/ ... Novenlber 20, locA 1 establish hO\l1 the Board kind of ,vent off on the \vrong topic and assessed prosecution costs on a basis of sOlnething that \vas already resolved. So, I mean, if -- I don't knO\V if you would like to call that a rehearing. I really don't know the procedural aspect of this. I apologize. CHAIRMAN LEFEBVRE: Jean. MS. RAWSON: Are you asking that they abate the costs? Is that -- because there are no fines, right? MS. STEPHENS: Con"ect. There are no fines in this case. MS. RAWSON: This Board doesn't have the authority to abate the costs. The costs are sOITIething that the County assesses. I don't think irs~-astronOlnical, but this Board doesn't have that authority. MS. STEPHENS: Okay. If -- and obviously this is a legal issue and thank you very lTIuch for addressing me. MS. RAWSON: You're very welcolne. Jean Rawson, Code Enforcen1ent Board att0111ey for the Board -- or for the record. MS. STEPHENS: Thank you. If the Board saw fit to rehear the issue -- because one of the things that was determined was the fact that a violation had occurred. That \vas part of the finding. If the Board were to reverse that finding, would that then ITIean that the prosecution costs could possibly be reversed? MS. RAWSON: You know, this Board can't make that decision. You'd have to ask for a rehearing and ask that they abate their original order. You always have the right to abate fines, but this Board can't abate the costs because that's something that the County assesses much like the Clerk's office. MS. STEPHENS: Thank you. So then, I guess, our request would be to have a rehearing on the issue based upon what Ms. Rawson has just explained. And, of course, that's with the Board's peImIssIon. MR. MORAD: Okay. For the record, senior investigator Ed Page 6 -16/1Al November 20, 200S JViorad. Staff requests that you denYLhe rnotion to rehear the case on the grounds that there are no grounds. \Vhen Mr. Karnes submitted his packet for -- subnlittal packet, we don't agree \vith it that he -- oh, she's saying that a violation didn't exist. It did exist. Sorry about that. We don't agree that the Board's decision was contrary to the evidence or the hearing involved in error in ruling. The facts were heard. There was a violation. He admitted to the violation. In his packet he has an e-lnail admitting to the violation. He got the due process. The violation was found to exist. A notice was discussed -- a notice of violation was discussed, reviewed - by-1v1r: Karnes. He-even siglYea-it. He began to conlply with the order to correct, \vhich was to get a penl1it, to get his inspections and to get his certificate ofcolnpletion. When we went before the Board, the reason he was brought before the Board is that he did not get his certificate of completion. The Board found that he was in violation. He had a paliial inspection on his permit that he re-apped, but he never got his certificate of completion. He complied with the order of the Board and got his certificate of completion. And at that time the case was closed and there was no fines ilnposed at all. :MR. KRAENBRING: So we're just looking at the operational costs here? MS. STEPHENS: Yeah, it is the operational costs at this point. :MR. KRAENBRlNG: Do we have a sense of\vhat that is in dollars? MS. WALDRON: $87.44. MS. STEPHENS: Correct. That's my understanding. CHAIRMAN LEFEBVRE: But we can't do anything with that as a Board. MS. STEPHENS: And the reason \vhy I was asking for the Page 7 ~ o\en~~ 2~, ~~ 1 rehearing is because the violation \vas found. A11d I think if the Board -- and, like I said, 1'n1 not going into the details of it. I think if the Board listens to the timeline of events on reconsideration you nlay agree that there was no violation by the tinle the hearing took place last time. CHAIRMAN LEFEBVRE: Just to let you know that in previous cases violations have been cOlTected benveen the time that it's requested be brought to the Board and by the tin1e it's brought to the Board. Vie have found where there are, in fact, a violation, but it has been corrected already. MS. STEPHENS: Well, that was not declared. That's what I'm saying. Tile last tilDe aroui1d the order frOlTI this Board was that there.---.~._--_. \vas a violation and it needed to be corrected. In other \vords, it was a continuing problenl -- CHAIRMAN LEFEBVRE: Right. I understand. MS. STEPHENS: -- because of SOIne confusing aspects with some pennitting that happened in the case. So I think that if there was a rehearing on the issue that the ultilnate detennination would be that there was no violation. You may still opt to keep the prosecution costs in place. I don't know what the Board would decide to do. But that's why we've COlDe today. ~. LARSEN: If I may, Mr. Chainnan. Ms. Stephens, if I'In correct, what you're taking issue is \vith the Board's decision dated August 6th, 2008? MS. STEPHENS: Yes, sir. ~. LARSEN: And it says -- the order of the Board was: Based upon foregoing findings of fact and conclusions of law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41 it is hereby ordered that the violations of the Collier County Ordinance 04-41, the land develoPlnent code, as aInended, Sections 10.02.06 B( 1), et cetera, and the Florida Building Page 8 .. . - Novel16lJj locA 1 Code 2004 be corrected in the folloV\Ting rnatieL And \!\7hat you're saying is they vvere already corrected? MS. STEPHENS: Con"ect. Thatrs what I'm saying. MR. LARSEN: And then basically number one is: By demolishing the screen enclosure upon delllolition peImit 2008040719, including all required inspections and receiving a certificate of completion and restoring the property to its original permitted condition within 30 days frolll August 30, 2008? MS. STEPHENS: Correct. That is \vhat I'm saying. lvIR. LARSEN: All right. MS. STEPHENS: That's why I'm saying there is an error of fact anda[so-iiilhe conclusions of law that were reached by-the-Board. Because the tinleline established in this case from the docuInents that vvere actually submitted by both partiesshovv that -- CHAIRMAN LEFEBVRE: We donft want to get into -- MS. STEPHENS: Oh, I'lll sorry. Yes, that is Iny point. CHAIRMAN LEFEBVRE: Mr. Kelly, you have a question? MR. KELLY: Gerald, I was wondering if you would allow just the discussion on that quick time line thing. I think it has relevance to whether or not we should rehear. If you don't Inind, just to enter into record the time the penllit was approved, the tinle that the case was heard, and the tiIne the order was supposed to have been corrected by. Because the way I see it -- and this was nlY question that I \vas going to ask. You know, there was a permit. It did receive its final building on August 21st. They had to cOlnply by August 30th. Well, that Ineans they're bringing sODlething into compliance. I\1R. L'ESPERANCE: Mr. Chairman, if I Inay interject here. The request is for a motion for rehearing. It seeIns that we're just about on the precipice of rehearing it right now. I think it's improper. CHAIRMAN LEFEBVRE: I have to agree with you. I think her argunlent is two things. Instead of saying that there was, in fact, a violation, she \\Tanted to say there wasn't a violation Page 9 II J Novemb~ R ~oA t found or there n1ight have been a vlolation~ but it's been corrected already. I think "7e have to go either \vith rehearing the case and to possibly just -- it sounds like a very Ininor change that she would want in our order. But I think \ve need to take a vote for either rehearing it or not. :MR. LARSEN: May I? Mr. Chairman, lnay I ask one more question of Ms. Stephens? CHAIRMAN LEFEBVRE: Yes. And then I'll be closing the public hearing. "MR. LARSEN: Excuse me. -- -CHAIRMAN LEFEBVRE: ThenI'll close the public hearing. MR. LARSEN: Thank you. Ms. Stephens, paragraph four of the order indicates that the Respondents were ordered to pay all operational costs incurred in the prosecution of the case in the amount of $87.44 within 30 days. MS. STEPHENS: Yes. MR. LARSEN: And you're asking us to abate those prosecution costs? MS. STEPHENS: Yes. If the Board finds that the order changes in its substance to the fact that there was no violation at the tilne the hearing took place, then, yes, that is what I'm asking. MR. LARSEN: Do you have any other request for relief, other than just the abatelnent of those prosecution costs? MS. STEPHENS : Yes. I'Ill asking that the Board find that there was no violation and that you do abate the costs based upon the time line of events. So those would be the two things that I would be requesting; a finding of no violation at the tilne that the hearing took place. A11d, yes, the abatement of prosecution costs. ~1R. LARSEN: But are you also arguing that there was no violation at the time that they were cited? MS. STEPHENS: No. Page 10 ~, !'~ 1 Ill' ~ · .':. Noven~~26, 2 !Ot\ MR. LARSEN: Okay. Thank you very nlucb, CI-LAlRl\1AN LEFEBVRE: I'm going to close the public hearing. Discussion amongst the Board? J\1R. KELLY: I think that hit it. I think that's the point. The fact that we've ruled countless tilnes on the fact that a violation did exist, which is what happened in this case adlnittedly. I don't think there's a need for a rehearing. I think it vvould behoove the Respondents, as \vell, to Inaybe make nice \vith County because I think they can waive costs. I think that's all it really boils do\vn to. "'-CHAIRMAN LEFEBVRE: Any otl1e-r discussion withthe Board? 1\1R. L'ESPERANCE: Mr. Chainnan, I agree. CHAIRMAN LEFEBVRE: Do I hear a motion to deny the request for rehearing? MR. KELLY: I'll make a Inotion to deny the request. CHAIRMAN LEFEBVRE: Do I hear a second? MR. PONTE: I'll second. CHAIRMAN LEFEBVRE: All those in favor? MR. KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. LARSEN: Aye. MR. KRAENBRING: Aye. CHAIRMAN LEFEBVRE: Aye. MR. DEAN: Aye. MR. PONTE: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: The Inotion passes. The hearing has been denied. Page 11 161 '~. " , t"~, " ,~, .; Novelnber 24, ~ 04 IvfS. STEPHE1~S: Thank you. CI-IAIRMAN LEFEBVRE: Okay. \Vefre going to 1110ve on to the next one. \vhich is extension of time. BeC versus AMG 7 Properties, Inc., CEB nUlnber 2007090454. Are the parties here? Is the investigator here; is the Respondent here? rv1R. PONTE: Is anyone here? (Speaker \vas duly swan1.) MR. SNOW: For the record, Kitchell Snovv, Collier County Code Enforcelnent. I would aSSUlne that this is a request for a continuance? CHAIRMAN LEFEBVRE: Extension oftiriie. . .---.-----.---- MR. SNO\V: Extension oftilne. The issue here is the time has already eclipsed for the Board's order, so I don't kno\v. The County requests denial until they get finished what they need to get con1pleted. They have a contractor and I would prefer for them to COlne back and then ask for leniency when the fines are accruing. You could stay the fines because they are progressing and this is an extensive job. You could also do that. It's up to the Board's discretion. But as far as for an extension of time, the time has already eclipsed. I don't see how we can do that. CHAIRMAN LEFEBVRE: \Vhen were they supposed to come into compliance? What was the date? While len's looking for that, Mr. Kelly has a question. l\1R. KELLY: Is this the one over in the industrial park where the firewalls -- l\1R. SNOW: Yes, sir. No, not the 'firewalls, sir. Where they Inade the extension in the back. MR. KELLY: That's all right. MR. SNOW: They added around -- I think it was 2,000 square feet without permits. Mr. Garcia is -- Page 12 16/ N overnber 20, loA 1 1v18. \\1 ALDRO]\l: Their con1pJiance date \vas October 24th. CHAIRMAN LEFEBVRE: Thank you. So about a l11.onth ago. I\1R. L.ARSEN: Supervisor Snow, did you see the letter addressed to the Board from a Jose Garcia? 1v1R. SNOV/: I did, sir. MR. LARSEN: And there's an attachment. It looks like an e-mail anditreferencesdesignwindspeed.A11d it's from a Mitch Van Beek. MR. SNOW: Yes, sir. MR. LARSEN: How does that play into this luatter? MR. SNOW: Well, because it has to be brought up to -- they're goiilg to go the route- of an affirmative defense. I'IU only assuming -- here that they're going to go the route of the affinnative defense because the in1provelnents were done prior to 1997. So they have to go back and look at all that criteria from the 1997 permitting to see what they could do, as far as bringing that up. They arent going to bring it up to cun'ent standards because it was done. The County allows them to do that. So they have to figure all that out. They were looking for permission to do several things. A11d that's not for us to decide to do. That's up for him and his contractor to decide what they want to do with that structure. MR. LARSEN: Thank you. But my question really pertained to whether or not this is an ongoing matter under the supervision of either the County Code Enforceluent or some other agency in regard to the structure being safe. :MR. SNOW: It's under -- actually under the supervision of this Board because you issued an order that they were either going to demo it or get it permitted. Now, he has a contractor that I've been in contact with and is going to do this and is going to sublnit for pelmits, but they haven't done that. That's the reason they're asking for the extension of tilue to allow more time to do that. Page 13 ov~6rko,lO~ 1 But, again, they requested the extension past the tinle granted for October 24th. That's what the whole issue is. Its not -- they're just asking for an extension of time before the fines start, And that's already passed for what they asked for. MR. LARSEN: But the vlork has not been c0111pleted as -_. MR. SNOVv: No, sir. No vyork has been completed yet. I\1R. LARSEN: A11d there's still an issue as to the -- whether or not this was properly constructed and permitted? MR. SNO'V: I actually received an e-lnail fron1 hiln earlier this \veek that stated that he wanted Iny pen11ission to start the construction. I told him I don't give pel111ission to start construction. So tnat'syotir -- you're the property owner. You. n1ake that decision. But they are very far along in this plan. They are very far along. They just haven't stalied construction yet. And they have submitted. MR. LARSEN: Okay. Thank you very Inuch, Supervisor Snow. MR. SNOW: Yes, sir. MR. LARSEN: That's all I have, Mr. Chairman. CHAIRMAN LEFEBVRE: Thank you. Any other questions? (No response.) CHAIRMAN LEFEBVRE: I'm going to close the public hearing. Discussion of the Board? . MR. KELLY: I don't really feel comfortable going and changing our original order. You know, the order stands. Hopefully it's not going to interfere with anything. Let hiln get it finished and then come back and request reduction or abatement. MR. PONTE: I agree. MR. LARSEN: If the Respondent was here to make an argument, other than what's stated in his papers, perhaps we could be persuaded, you know, one way or another. But based upon the supervisor's testilnony and the infonnation that was provided and the fact that the Respondent isn't here to elaborate on it, I vvould suggest Page 14 "61 'J "~,,... I,: " t, ~ '''-'..) .. 1 Noven1ber 20~ 2Ja . that Vle deny the application. CHAIRMAN LEFEBVRE: Any other COil1111ents fro111 the Board? (No response.) CHAIRMAN LEFEBVRE: Do I hear a lTIotion to deny? l'vfR. KRAENBRING: I make a motion to deny. CHAIRMAN LEFEBVRE: Do I hear a second? MR. DEAN: I'll second the Illotion. CHAIRMAN LEFEBVRE: All those in favor? Iv1R. KAUFMAN: Aye. MR. L'ESPERANCE: Aye. -~MR-:-tARSEN: AYe~- MR. KRAENBRING: Aye. CHAIRMAN LEFEBVRE: Aye~ MR. DEAN: Aye. MR. PONTE: Aye. rvlR. KELLY: Aye. CHAIRMAN LEFEBVRE: A11Y nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. SNOW: Thank you, Board. CHAIRMAN LEFEBVRE: The next motion will be a motion for continuance. Brian and Dara Gorman, case CESD 20080008567. (Speaker was duly swon1.) CHAIRMAN LEFEBVRE: Okay. Go ahead, sir. MR. WHITE: Good m0111ing, Mr. Chainnan, Board melnbers. My name is Patrick White. I'm with the lawfinn POlier,Wright, MOITis and Arthur in our Naples office. I'm here today on behalf of Brian and Dara Gonnan. We're seeking a motion to continue. I have spoken with your staff and with the County Attolney's office representative. Neither of theln have an objection to the motion. Page 15 16/ f.:,' ," :. .~ I . ''Q '" 1'TO Tel") b- '" -j n jl~\O'" " \ ~1 c 1 ..-1. __} 0 I believe that the next n1eeting date you have~ January 22 of 109 should give us sufficient tin1e to address what are at this point SOlne unresolved and unsettled facts regarding property lines, locations of easements and SOille other cOlnplicating Inatters that I believe we can . address and hopefully find a way to abate this violation in a tilnely Inalmer. And I \vould ask your indulgence to do so on behalf of Mr. and Mrs. Gonnan. :MI. GOffi1an intended to be here. He called 111e last night and advised lTIe he was unable to attend today. If you have any questions. You vvere provided a Illation I hope gave you in a more expanded \vay the basis for why I believe the Inotion should be granted. But if you have-any additional infonnatiol1 you'd like frOITI llle or questions I can answer for you that you \vould like to ask, 1'd be happy to try and do so. Thank you. MR. MUSSE: For the record, Jon Musse, Collier County Code Enforcement. We have no objection to the continuance. CHAIRMAN LEFEBVRE: Okay. MR. L'ESPERANCE: I have one question. Are there any public safety or health issues? MR. MUSSE: No. MR. LARSEN: I'd like to ask Ms. Waldron. Mr. White is asking for a 30 day continuance. l\1R. WHITE: Or to the next hearing, sir. MR. LARSEN: That was my point. It would probably be in January. MS. WALDRON: January 22nd. MR. LARSEN: I see in Mr. White's papers, paragraph three in his motion for continuance, that he needs to probably cOlnpile reports and affidavits to prepare and present and also prepare such experts' potential testimony prior to the next hearing. So I think that's a sufficient basis upon which to grant the Inotion for the continuance. CHAIRMAN LEFEBVRE: Any other COlTIlnents of the Board? Page 16 ~ ..---".. -.... - 16 J" I ~ Noven1ber LO~ 2008 .fl. MR. KRAENBRlNG: Since I see no objection 1"ro111 the CounlJ~ I would ll1ake a lTIotion that \ve allow the continuance. 11R. LARSEN: I \vould second that ITIotion. CHAIRl\1AN LEFEBVRE: All those in favor? MR. KAUFMAN: Aye. MR. L'ESPERANCE: Aye. :MR. LARSEN: Aye. MR. KRAENBRING: Aye. CHAIR11AN LEFEBVRE: Aye. MR. DEAN: Aye. MR. PONTE: Aye. MR~KELL Y: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRl\1AN LEFEBVRE: Motion passes. MR. WHITE: Thank you. CHAIRMAN LEFEBVRE: You're welcon1e. MS. WALDRON: And we do have a stipulation agreement. CHAIRl\1AN LEFEBVRE: I was wondering. We can't go without one meeting not having a stipulation. We're going to have to alnend the agenda. 1\1R. KELLY: I make a motion to alnend the agenda to put this in as a stipulated agreement. 1\1R. DEAN: I'll second that motion. CHAIRMAN LEFEBVRE: All those in favor? 1\1R. KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. LARSEN: Aye. MR. KRAENBRING: Aye. CHAIRMAN LEFEBVRE: Aye. MR. DEAN: Aye. .rv1R. PONTE: Aye. Page 1 7 ., f ~f. A ,,< 1 ~~.., J N overl1 bel' 20~, 2 J 1\1R. KELLY: Aye. CKAlRlvfAN LEFEBVRE: I'nl just going to take a couple minutes to read it over. MS. WALDRON: I'd like to advise the Board also that there are two people that would like to speak on this issue. CHAIRMAN LEFEB\TRE: Has everyone had an opportunity to read it? MR. KELLY: Yes, sir. CHAIRMAN LEFEB\1RE: Can I bring the parties up? MS. WALDRON: Can I get Mr. Gene Mayberry? MR. MAYBERRY: I would \vaive until after I hear the COlnlnents.- -- CHAIRMAN LEFEBVRE: I'd like to have the Respondent up and the investigator. MR. BALDWIN: There was just a probleln with the cOlnputer to display the pictures, so I have SOlne copies here. CfIAIRMAN LEFEBVRE: And can I have you first sVvorn in. (Speakers were duly sworn.) CHAIRMAN LEFEBVRE: And are you looking to have that entered as package? MR. BALDWIN: I have a composite package here to enter into the record. CHAIRMAN LEFEBVRE: Okay. And has the Respondent seen it? MR. SLA VICH: No. CHAIRMAN LEFEBVRE: Please show it to him before we look at the pictures. MR. SLA VICH: Okay. A lot of water. CHAIRMAN LEFEBVRE: You would like to have that entered as package -- MR. BALDWIN: Yes. MR. KELLY: Make a Illation to accept the packet. Page 18 1 6 r J..A 1 NO\clllber 20, 2008 CI-IAIRMiv\J LEFEB\lRE: Do I hear a second? MR. DEAJ'\T: Second. CHAIRlvlAN LEFEBVRE: All those in favor? MR. KAUFMAN: Aye. :MR. L'ESPERANCE: Aye. MR. LARSEN: Aye. MR. KRAENBRING: Aye. CHAIRMAN LEFEBVRE: Aye. MR. DEAN: Aye. I\1R. PONTE: Aye. MR. KELLY: Aye. -CHAIRMAN LEFEB\lRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. Was this case before us last month or is this a different case? MR. BALDWIN: This is a different case on a separate parcel. There's two different parcels. CHAIRMAN LEFEBVRE: Okay. Has everyone had an opportunity to look at the pictures? :MR. KELLY: Yes, sir. CHAIRMAN LEFEBVRE: Go ahead. :MR. BALDWIN: Good Inoming. For the record, Patrick Baldwin -- Investigator Patrick Baldwin with the Collier County Code Enforcement. This is in reference to departlnent case nUl1lber CESD 20080014496. Both parties have entered into a stipulation agreement as of this morning. The Board of County COffilnissioners, Collier County Florida versus Empire Developers Group, LLC stipulation agreelnent. Conles now the undersigned, William Slavich, on behalf ofhinlself as a representative for the Respondent and enters into the stipulation and agreement with Collier County as the resolution of notice of -- notice of violation in reference to case number CESD 20080014496 dated Page 19 .. A J~" ~-O I. 1 A 1 Noven1ber 20" 2008 the 20th day of Novenlber 2008, In consideration of the disposition and the resolution of the Inatters outlined in said notice of violation of ,vhich a hearing is cun.ently scheduled for, to prolllote efficiency in the adlninistration of the Code Enforcement process, and to obtain a quick and expeditious resolutiollof the ll1atters outlined therein the parties hereto agree as follows: The violations noted in the referenced notice of violation are accurate and I stipulate to their existence. The violations are of the sections of the Florida Building Code 2004 Edition Chapter 1 Pennits, Section 22 through 26, Subsection 105.5.5 and 04-41, the Collier County land develoPlnent code as anlelided, Sections 4.06.04.A.l.a.vii[a-d] and are described as- . disturbed land in Vita Tuscana have not be been hydro-seeded and is now creating dust. Adequate dust control ll1easures shall be employed by the permittee to prevent cOlllplaints arising frOlTI the unhealthy, unsafe and danlaging conditions. Failure to utilize adequate dust control procedures shall be sufficient cause to order cessation of the work causing such dust and to decline an inspection requests. Therefore, it is agreed that both parties agree that the Respondent shall pay the operational costs in the amount of $86.71 that incurred in the prosecution of this case. And, two, to abate violations by hydro-seeding all disturbed land in folio number 00185880006, a total of28.6 acres; grade house pads to a four to one slope; and level all stockpiled lllaterial "\vithin four days of this hearing or a fine of $10 per day per acre will be assessed until the violation is abated based on the nlotion passed by the Board of Collier County COlnmissioners on 10/28/08. "B", grade house pads to the four to one slope and level all stockpiled lllaterial in folio nunlber 00186000005, 18 acres, within four days of this hearing or a fine of $10 per day per acre will be assessed until the violation is abated based on the Illation passed by the Board of Collier County Conlnlissioners on 10/28/08. Page 20 ;-' I lAl ,. ~..., Novelnber ~;U) 2008 nCI\ if the Respondents fail to abate the violation~ the County Inay abate the violation and Inay use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order. And, liD", the Respondent lnust notify the Code Enforcelnent Investigator when the violation is abated in order to conduct a final inspection to confinn abatement. And it was signed by Willianl Slavich. CHAIRMAN LEFEBVRE: Thank you. Please state your nanle. MR. SLA VICH: WillialTI Slavich. CHAIRMAN LEFEBVRE: And you represent Elnpire Developers'," correct? 1v1R. SLA VICH: I'm the Inanaging Inelnber of Elnpire Developers Group, correct. CHAIRMAN LEFEBVRE: And you agree to the stipulated agreement that was just read into the record? :MR. SLA \rICH: I did with one clarification. That four days is four business days, not four calendar days. CHAIRMAN LEFEBVRE: That was going to be something that I ask, too, being that the weekend is coming up. :MR. SLA VICH: So picking up our permit by Wednesday was the understanding that we had in the discussion. CHAIRMAN LEFEBVRE: So you have picked up your pennit? :MR. SLA VICH: We have not. We closed last night. I have a letter here. I'd be lnore than happy to read it into the record that we have the money for the permit and for the infrastructure ilnprovements per the approved SDP to do sitting in escrow "\vaiting to be drawn down. I couldn't get it this morning before I ran in here and I couldn't pick Iny permit up that quick anyway. CHAIRMAN LEFEBVRE: A little convenient. Y ou're right here now. MR. SLA VICH: I was hoping that we wouldn't be here today, Page 21 116' I 1 A 1 ovenlber 20, 2008 but \ve ended up a day delay on the closing, MR. LARSEN: Mr. Chain11an, Il1ay I ask a question first? CHAIR.T\1AN LEFEBVRE: You certainlv can. "I MR. LARSEN: Mr. Slavich, you're going to hydro-seed all disturbed land \vithin four business days. Do you already have the subcontractor on notice that he's to start the work almost immediately? 1'v1R. SLA VICH: We will put hiln on notice today to stali the work. Although, it would only be a one percent chance he'd actually be doing the work. And we actually have hydro-seeded a portion of the propeliy. Not the roadway, but we have hydro-seeded. And we've actually been out "\vith Code Enforcenlent a nUlTIber oftinles in the County. ~1R. LARSEN: Ivfy COl1cenl is over the four days. And basically we're cOIning into Thanksgiving next week. And I'm just concenled that it might not be a sufficient anlount of tilTIe for that to actually occur before you stali incurring -- lvlR. SLA VICH: I have been insured by staff that if I \valk in here with a check this aftenloon I'll have a pennit by Wednesday. :MR. LARSEN: By Wednesday of next week? MR. SLA VICH: Correct. Which is why I asked about the four business days and not four calendar days. :MR. LARSEN: Well, all right. But-- CHAIRMAN LEFEBVRE: But that's still-- if you get the penTIit next Wednesday, that's pretty much the four days. MR. SLA VICH: That's correct. CHAIRMAN LEFEBVRE: So you're going to be in violation. :MR. SLA VICH: Well, I'll be in violation on Thursday if I don't have my pelTIlit on Wednesday. That was the understanding of the discussion in the hallway. So four days starts today or does four days start tOlnorrow? Because if it stalis today, then we'd ask for five days. If it stalis tOlTIOlTOW, then "\ve're okay "\vith four days. Page 22 ~-,---"~,.....,,,.~~,,,.,,...~~--~~ ..... J T 1 t-. l~ ~ 1 nAr' 1 '\,)ov~n'1el ~U" _~.U)O l'vlR, KJ~LL '\t: \VelL. according to this it starts the day of this hearing. ~vfR. SLA VICH: Then we \vould ask for five days. :rvIR. KELLY: There's no ination of picking up -- there's no lTIention of picking up a pennit versus actually doing the "\vork. You have four days to pick up your penl1it, do your \vork frolll the date of Iv1R. SLA VICH: Vol ell, if I pick Iny permit up, I don't have to hydro-seed. :MR. KELLY: I see what you're saying. MR. SLA VIeR: Because then I have an approved SDP. The next date we'll be iI1there digging -- excuse Ine. The next day \vill be Thanksgiving. No one will be working. That follovving Monday \ve will be in there grading and putting sewer, water and everything. We have an approved SDP. All I have to do is pay Iny transportation ilnpact fees for nlY penllit. MR. KELLY: There's no mention of a ne"\v SDP. You are agreeing to hydro-seed land that you're about to tear up. You nlight want to rethink this one. :MR. SLA VICH: Then we would need to have -- okay. Then we would need SOlne new agreement. Because the agreement has always been if we walk in here, pay our fees, pick our pennit up, then we're in compliance with the SDP and \ve're not required to hydro-seed. MR. LARSEN: That's not what your stipulation says. MR. KELLY : You're agreeing to hydro-seed, regardless of what else happens. And you're agreeing -- MR. SLAVI CR: I'm not agreeing to do that. That would be ridiculous. MR. KELLY: Right. Well-- MR. LARSEN: May I ask a question, Mr. Chainnan, of our counsel? Do standard rules apply in regard to the calendar days; and the Pa2:e 23 '--' "'._'e"_._,","-_ .," '" 16/ lAl NO\ie1)1~"..t'I' )(u. )cJj' 8.. ~ ~._ l.J _..- _-<' ~ .......-../, four days \vould start as of to 1110 ITO\V, anl I COITect? MS. RAWSON: It would. MR. LARSEN: And they \vould not count \veekends; is that also cOITect? MS. RAWSON: Well, no, not usually. We count days. But he has stipulated that \\Te're talking business days. So Iny order would reflect business days. Business days \:vould not include the weekend. It \vould not include Thanksgiving and it Inay not include Friday. MR. LARSEN: But because it's under seven days, it would not include weekends nomlally? MS. RAWSON: Correct. - -------- MR. LARSEN: Thank you very lTIuch, Ms. Rawson. So, Mr:Slavich, I believe that the way this stipulation is to be read fairly to you would be if you enter into this agreement today, staliing tomorrow you have four business days to hydro-seed your property, irrespective of whatever penl1its or whatever other understandings you nlay have had. Is that your understanding of what the agreelnent is that you entered into? MR. SLA VICH: No. MR. LARSEN: Okay. So with that, Mr. Chairman, I would suggest that basically we not approve of this stipulation. CHAIRMAN LEFEBVRE: Okay. MR. KELLY: My suggestion would be either take another stab at it or leave it on as a normal hearing and we'll talk about it then. CHAIRMAN LEFEBVRE: Either that or add in there if a pennit is picked up to go ahead and build, then this would beCOlne null and void. I mean, I think that might be sonle type of language to vV'ork out. MR. KRAENBRING: I think ,ve'd like to hear from the investigator. MR. BALDWIN: I think I'd like to call up Stan Chrzanowski Page 24 16 II 1 A 1 NoveIl1ber 20" 2008 here. I-Ie can betier explain the pennit process and the trIne fimYle, (Speaker ,vas duly swon}.) 11R. CHRZANO'VSKl: I-li I'Ill Stan Chrzano\vski. I'm \vith the engineering depaliment. My understanding is that if Mr. Slavich pulls his pelmit that he will be going in there and grading and he won't have to hydro-seed. The hydro-seeding is only a requirelnent if he doesn't pull his pennit. When he pays his impact fee tomon~ow, the WOlnan in -- Flores in impact fees vvill sign off in a progralll called CD-Plus. And the people in the intake teanl who have present custody of all the project files \vill go back to Oile of their, quote, files and pull out the project file aridf6rward it to engineering review, lTIY departlnent, fora final approval letter. Ifhe pays tOlnorrow, we'll probably get the project file on Monday. I can ask Steve, the person that writes these up, to put it first on line. I would guess he would probably have his pennit by Tuesday at the velY latest. I can't see anything going wrong if he pays his fee tOlnorrow to where he wouldn't have his permit by Wednesday. If he has his permit on Wednesday, he can go out there and start tearing up ground and putting in infrastructure and regrading. Is that what you want to know? MR. LARSEN: My only concenl is basically that the stipulation agreement doesn't provide for that contingency. It only provides that basically he start -- he, Empire Developers Group, hydro-seed within four days. Where the understanding was that ifhe pulls his permit he does not have to hydro-seed, he can go right to the develoPlnent stage. And that's not reflected in the agreement. So I don't want hinl to be bound by an agreelnent which doesn't adequately reflect \vhat the true agreelnent between the County and Empire Developers is. So it j list takes a nlodification of this stipulation of agreenlent to reflect what you just testified to. Page 25 -16 I ~ ^. 1 Noven1ber 20. :2008 lv1R, CrIRZA1~O\VSKI: Right. I agree, [hadn\ read the agreelnent prior to this. I was only here to tell you about the penl1it procedure and 'why it takes days to u 11R. KELLY: The reason why werre bringing this up is because we're a quasi judicial board, al1110st like a court systen1, versus CDS, which deals \vith pennits and engineering and so fOlih, land development code issues. You're lnore or less being held to exactly what's in here as if you were in a court of law. Although we intertwine vvith COlllillunity Developlnent quite often because \ve deal with property issues, \ve're not part of thenl. We only try to enforce the rules of the ordinances of the land - developll1ent code that have already been established. So you \vant to be very clear that the language precisely gives you an out if you decide -- if you're going tovvards picking up a penllit and following your SDP plans. MR. SLA VICH: Okay. I mean, that's a nlisunderstanding. Because the understanding is that if you pick your pennit up, then you're in -- if you pay your ilnpact fees, excuse nle, and pick your permit up, then you're in cOlnpliance with your SDP and you would not be required to hydro-seed. So we need to amend that agreelnent to say that in the event "\ve don't pick our permit up by next Wednesday, then \ve would -- I 111ean, I can't hydro-seed the saIne day. But we would be required to hydro-seed the entire site, including the roadways and everything. That is the intent of "\vhat our discussions have been and what we've been trying to do. MR. LARSEN: Okay. Mr. Chairnlan, I assume that we can do one of two things. Either we can -- we're not approving the stipulation. We can continue it on the agenda and allow them an opportunity -- the County and Respondent an opportunity to alnend their agreement and bring it back to us this nlolning. CHAIRMAN LEFEBVRE: I think that's going to table it. Page 26 161lA.L Novelnber 20~. 2008 MR_, I<RAEJ~BRIl~G: hiLL Chainl1an~ therels also a Inen1ber of the COlllil1unity that wanted to speak on this. CHAIRMAN LEFEB\lRE: Yes. MR. SLA V1CH: Just so you understand, this has been going on for quiteso111e tiIne. Understand that. There is not a chance--llloney is sitting down on Fifth Avenue -- that this peDTIit is not getting paid or the inlpact fees are not getting paid either this afternoon or tOlTIOrro"\v mODling, unless sOlnebody gets run over that is bringing the check up here. That \vould be the only way the lTIOney is not cOIning into Development Services. MR. LARSEN: \Vell, we hope that doesn't happen. -------MR-KELLy: Ho\v about -- you knovv, since vverre here and we're hearing it, how about we add that provision in ourselves and then just approve the stipulation "\vith the changes? CHAIRMAN LEFEBVRE: We have to have both parties agree to it, which it sounds like they are. They have. And then we have the couple people fro111 the public that would like to -- MS. PETRULLI: If I may, Inay I make a cOilllnent? CHAIRMAN LEFEBVRE: I need to have you swonl in. (Speaker was 'duly sworn.) MS. PETRULLI: For the record, Supervisor Patti Petrulli with Collier County. CHAIRMAN LEFEBVRE: Thank you. MS. PETRULLI: I'd like to make a comment here. In the land development code I searched and searched. I can find no"\vhere in the land development code written black and white where it says that when he is issued the permit it alleviates his responsibility to have the property hydro-seeded. One of the purposes of hydro-seeding is to keep the dust obviously from blowing. And let llle just for -- read this. When fill is used to bring building lots to desired construction elevations, those lots shall iInmediately be seeded to prevent erosion, exotic seed Pal2:e 27 ~ -J..6 J .,; .. - November ;.0, ;dc/11 infestation. All fill areas \vhere lots or stockpiles Inust have erosion controlled field fencing. Any stockpiling i11 place for 1110re than six months Inust be sodded or hydro-seeded, Failure to do so \vithin 14 calendar days of notification by the County \vill result in a fine of $10 per day. -This has been going on for 18 lllonths. In the event that any pOliion of the stockpile is in place for greater than 18 lllonths, the County will order the fill to be removed and the land to be revegetated. I understand what I\1r. Slavich is saying that he is going to probably get the pell11it next week. But my question is in ll1Y responsibility to the citizens that live next door is: If he does not hydro-seed, ifhe's -- it's 46 acres. Ifhe's working on 10 acres - at one-tinle, what about the- fest of the property? - We're going into the dry season. So \vhatever area he's not working on will not have hydro-seed on. And they're going to have the sanle problelns that they've been having for the last 18 months. And in fairness to the residents that sun.ound that area, I have to nlake that conunent. :MR. SLA VICH: I have a point of clarification. There is not 46 acres that's cleared. MS. PETRULLI: It is a total of 46 acres. MR. SLA VICH: I understand that. But over 20 acres have been deeded to Southwest -- to South Florida Watef Managelnent for the flow way and is a preserve. You're not hydro-seeding sOlnething that's going to be -- that's a flow way in the district. MS. PETRULLI: But, sir, with all due respect because you did not do what you were supposed to do when you initially started by hydro-seeding as soon as you disturbed the land, when you stali construction you're still leaving portions of that uncovered due to erosion. We're going to have winds. It's the dry season. So where does that leave your surrounding neighbors? MR. SLA VICH: We're not having any stockpile of fill. And this discussion caIne up at the Board of County Conllnissioners meeting Page 28 Novcml~:~J 2JgA 1 t\:vo or three weeks ago. \Vhat \ve aQ:reed to do and vvbat \i,relVe already ~ 0 ~ done is gone in and any piles that are out there we graded, '\Ve graded the, quote, unquote, fill pads that there are SaIne lots f' that are filled to grade to build. We graded the slope of those do"\vn to , four to one slope, "\vhich is the requirement and they are hydro-seeded. Those specific lots Inight not be disturbed, but you're talking about a 20-acre site that's going to have stonnv/ater, paving, sewer and everything else. So the entire site is going to be disturbed. There's also a buffer wall four feet high that needs to be built up against the preserve to prevent from erosion and water. MS. PETRULLI: I think for your benefit you need to look at S01l1e of these photos. I was out there 'Monday. 1vIy investigator was out there yesterday. One of the things that the BCC had requested is the stockpiling be leveled out. There was SOlne that \vas leveled out, but as you will be able to see by the photos that there are In any , nlany that \vere not leveled out. Mr. Slavich, did he do some hydro-seeding? Yes, he did. But lnost of the hydro-seeding in the slnall area he did did not take. The only one -- the picture -- the only picture you're going to see where there's some green is the actual -- where the nlodel hOInesite was going to be. So you have a lot of erosion going on out there. And I just wanted to bring that to your attention. This here is SOlne of the stockpiling that's going on. Some of those piles of rocks were leveled out. But as you can see, there's lnany Inore. W e'lllet you see S011le of the other photos. There's another exalnple there. I don't k110"\V if you can see it, gentlemen. I apologize. But it shows you how barren it is out there. And ifhe's not requested to hydro-seed at all -- I realize he's going to be "\vorking. I realize it's a construction site. But, at the saIne ,time, what do we do about the erosion going into the dry season? PaQ:e 29 '-' 16 'I i A 1 ~ November 2 ,,2008 1\1R. LARSEN: Ma\an1, 1 understand your points" The Board \vas asked to approve a stipulation. Clearly there is no agreenlent betvveen the County and the Respondent. And I \vould lllove that \ve not approve the stipulation. And if this goes on for a hearing today, it goes on for a hearing. MS. PETRULLI: And I appreciate that. I just wanted to lnake you aware of the problellls. And Mr. Slavich did, in good faith, sign that stipulation with us. And "\ve explained to hiITI the stipulation and he did sign it. MR. SLA VICH: Is erosion control -- :MR. LARSEN: \Ve can't have a colloquy between you. CHAIRMAN LEFEBVRE: I think we're ahnost hearing the case no\v and we don't want to do that. You came here in front of us regarding a stipulation. And obviously vve're talking about the stipulation right now. Now, I'ln not sure if we should have the -- I guess make a decision or have the public COlne up first and -- :MR. LARSEN: Well, rather than a stipulation, if we're going to have a hearing, we should have the hearing. CHAIRMAN LEFEBVRE: All right. Let's nlake a decision if we're going to have the hearing or not or stipulate if we're going to approve the stipulation or deny it. Do I hear a motion to deny the stipulation? :MR. LARSEN: I Inove that we deny -- "\ve not approve the stipulation. :MR. PONTE: I'll second that. CHAIRMAN LEFEBVRE: AU those in favor? :MR. KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. LARSEN: Aye. MR. KRAENBRING: Aye. CHAIRMAN LEFEBVRE: Aye. Page 30 16 '1 A 1 1'-JOVe111Der ]tJ 2008 I\1R.1JEAJ'\J: Aye. MR. PONTE: Aye. Jv1R. KELL ,{: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Okay. So do you "\vant to direct theln to try to COlle up with a -- MR. LARSEN: I don't think that's within our purview to direct them to reach an agreelnent. If they need lTIOre tilne before we can bring this on for a hearing, we can Illove to alnend the agenda so that MR~-KELL y: It's next. MR. LARSEN: -- 4.C.l is not heard inunediately and that "\ve go on to the next. And \ve put 4.C.1, Bee versus Elnpire Developers, down at the bottoln of the hearing list to give them an opportunity to discuss it further. If they want to proceed to a hearing now, that's fine with nle, as well. rv1R. KRAENBRING: Well, I think you have to ask that of the County and the Respondent. So are you going to go out and work out the details to the stipulation or do you want to lnove toward a hearing? rv1R. SLA VICH: I mean, I'll be more than happy to work that out. I mean, there isn't a construction site in Collier County that's putting infrastructure in that's required to hydro-seed while infrastructure is going in. But I'll be more than happy to go out and abide by the LDC that's in place and hydro-seed after if we haven't picked the permit up. As I said earlier, that's a nloot point. But I understand why we need an agreelllent. rv1R. KELLY: 1'd like to be heard, Mr. Chair. Since we know so lnuch about the case now, when a ne"\v stipulated agreelnent COlnes back, if it's not very clear 1'nl going to be Page 31 -.f6/1Al i -, b ,'')U- ')(0') ;"!O\'enl el ~ ~ ._d ;:) more likely to push to\vards hearing the details of the case, Because I'd like to k110\V 1110re about \vhat the SDP states and how that alleviates them [rOITI having to do any hydro-seeding for the next 18 months. It's ahTIost like it's restarting the cycle. I'ITI curious to see how that plays out. :MR. LARSEN: I believe there's a Inelnber of the audience that would like to be heard on this matter. Sir, vve're not at a hearing stage yet. MR. MAYBERRY: Right. My objection is to -- CHAIRMAN LEFEBVRE: Vie can't -- when they COll1e back Vvith a stipulated agreement, then we can hear you at that point. So I guess that's what we're going to do. We're going to amend the agenda and you'll con1e back hopefully \vith a stipulated agreen1ent. MR. SLA VICH: Okay. Perfect. CHAIRMAN LEFEBVRE: Or rehear the case. rvrR. LARSEN: I nlake a Ination to amend the agenda itell1. MR. DEAN: So move. CHAIRMAN LEFEBVRE: Do I hear a second? MR. DEAN: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KAUFMAN: Aye. :MR. L'ESPERANCE: Aye. MR. LARSEN: Aye. :MR. KRAENBRING: Aye. CHAIRMAN LEFEBVRE: Aye. MR. DEAN: Aye. :MR. PONTE: Aye. MR. KELLY: Aye. MS. WALDRON: Sa we're going to place this iteln last on the hearings? CHAIRMAN LEFEBVRE: Yes. That's correct. Page 32 1/ ~ lAl .;", I " N \',~rn~~r ~o.. o. 1\118. \V.l~LDRON: .L~nd \ve also have another stipulation agreen1ent. CHAIRl\/1AN LEFEB\TRE: Okay, 1\118. \V ALDRON: For 4.C.4. MR. KELLY: I ll1ake a Illation to an1end the agenda. CHAIR1v1AN LEFEBVRE: Do I hear a second? Jv1R. KRAENBRING: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KAUFMAN: Aye. MR. L1ESPERANCE: Aye. MR. LARSEN: Aye. MR. KRAENBRING: Aye.------.- CHAIRMAN LEFEBVRE: Aye. MR. DEAN: Aye. MR. PONTE: Aye. MR. KELLY: Aye. CHAIR.MAi'J LEFEBVRE: Next stipulated agreel11ent would be BCC versus Maricela Nunez. (Speakers were duly sworn.) MR. BALDWIN: This is in reference to case nU111ber 2007080129, Board of County Con1111issioners versus Maricela Nunez, dealing with a separated guest house constructed without first obtaining proper Collier County pennits located at 1401 Orange Street, l1nmokalee, Florida 34142, folio nUlTIber 30682040005. The Respondent has agreed to enter into a stipulated agreelnent. Respondent is to pay operational costs in the amount of $86.71 incurred in the prosecution of this case and abate all violations by obtaining a Collier County building permit, inspections and certificate of conlpletion within 120 days of this hearing or a fine of $200 per day "\vill be inlposed until violation is abated or obtaining a Collier County demolition permit, inspections and celiificate of cOlnpletion within 120 days of this hearing or a fine of $200 per day "\vill be Page 33 ove~b~r ~O 2~gA 1 ilnposed untit violation is abated. If Respondent fails to abate the violation the County Inay abate the violation and Inay use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order at the owner's expense. Respondent lTIUst notify Code Enforcement \vithin 24 hours of abateInent of the violation and request investigator to perform a site inspection to confirn1 cOlnpliance. CHAIRlv1AN LEFEB\lRE: State your nalne for the record. MS. NUNEZ: Maricela Nunez. CHAIRMAN LEFEBVRE: And you agreed to this stipulation? '-----MS.-~TEZ: I do. But I have a concen1 and a question. CHAIRMAN LEFEBVRE: Okay. MS. NUNEZ: I purchased that hon1e in 1996. That was 12 years ago. And it was owner -- owner finance. I had no idea that that d"\velling was not pennitted. I also got it financed six years ago through Suncoast Credit Union. It went right through the chalmels. No one said anything to Ine until a year ago when Jonathan stepped in. My question is: Couldn't it be grandfathered in without Ine having to pay all these -- because I have to hire a contractor to get it approved. I have to pay all these fees. And I don't think that I should have to pay for all that. I Inean, the shed is 20 by 20. It's withstood all these hurricanes that have gone through the area. I mean, I want to use it for the appliances, for lawmnowers, for whatever, you know, I need it for. But I don't -- really I don't have the monies to really pay for all these fees that is required. That will be required. CHAIRMAN LEFEBVRE: It says ~- MR. LARSEN: Mr. Chairman, Inay I ask a question after? Let Ine hold that one. CHAIRMAN LEFEBVRE: It says guest house. Is it a guest Page 34 NO\iem~l~iJ~ 2iJofA j house or is it a storage shed? l\1S, NUNEZ: \V eU~ no\".1 it \vill have to be -- it has been -- actually, I have not rented that home like in t\vo years. I have not received any lTIOney. CHAIRMAN LEFEBVRE: l-Jo one lives there? MS. ~TlJ}.,TEZ: No one. Not even in the other d\velling. I have not rented that house out. It has been a long time. CHAIRMAN LEFEBVRE: Mr. Larsen. MR. LARSEN: Actually, that was Iny question \vhether or not it was a guest house or a shed that had yard tools in it. I would like to ask the Code Enforcell1ent Investigator what his observation of the unit was.~.------ n MR. MUSSE: I can show you pictures at your request. I do have theln. When I first got there, it was a guest house. There was a gentlelnan living there. It was poor living conditions. Electrical wires exposed and -- MR. LARSEN: I would like to see the photographs, please. MR. MUSSE: I haven't showed it to her, so -- MR. LARSEN: Show the photographs to her. Mr. Chainnan, are we entering the arena of actually hearing the case when we see the photographs? CHAIRMAN LEFEBVRE: Well, we did see photographs in the last one. MR. KELLY: It's a stipulated agreement. MS. NUNEZ: I also want you to know that when he went to the house \ve stopped the construction because it ,vas being repaired at that time. I had hired a gentlenlan to go and do the electrical work. He did -- had not gone to finish the job, but it was -- as you see it here, it was never touched. We just left it alone, never had anybody go back and do any kind of additional work. CHAIRMAN LEFEBVRE: You would like to enter this as -- Page 35 16 1 . ' rn 1 ' '0 n rl, A 1 ~ovenjber .c::U; 2UU6 l\lIZ.l'vwSSE: Exllibit B-1 through 6. And Exllibit C-l. CHAIRMAN LEFEBVRE: Do I hear a 111otion? l\1R. KELLY: IVlake a Illation to accept the exhibits. MR. LARSEN: Second. CHAIRMAN LEFEBVRE: All those in favor? :Lv1R. KAUFMAN: Aye. 1v1R. L'ESPERANCE: Aye. MR. LARSEN: Aye. :MR. KRAENBRING: Aye. CHAIRMAN LEFEBVRE: Aye. MR. DEAN: Aye. -~ --~-,- MR. PONTE: Aye. MR. KELLY: Aye. I'v1R. LARSEN: Thank you, Ms. Waldron. MR. L'ESPERANCE: Mr. Chairman, question. CHAIRMAN LEFEBVRE: Go ahead. MR. L'ESPERANCE: Do you have any comnlents as to the setbacks or zoning of this particular structure in that area? MR. MUSSE: FrOln what I gather, when she tried to get permitted as a guest house she didn't Ineet the required setbacks. Dave Hendricks, fonner employee of the County, stated that when she tried to apply for a variance to obtain a penn it for the guest house -- he stated that the variance -- there was no way she could get approved for the variance, but possibly get permitted as a shed. MR. KRAENBRlNG: Okay. MS. NUNEZ: The setbacks are there. I have the measurements here that I did myself. MR. KRAENBRlNG: Can I ask what your intentions are with the property; repair it and -- MS. NUNEZ: Well, actually what I -- what I had plalmed and I still can if it is approved is I want to repair it so that it is strong enough and -- you know, reasonable enough to keep as a shed. I want to Page 36 ~ 16' M< Novenlber 2~ 10~8 .. Vi' vviden the doors so 1 can get a drive-in ta\vn 1110\Ver. MR. KRAENBRl1\JG: Do you think that 120 days is an adequate alTIOunt oftiIne? MS.1\TU1'\TEZ: Actually, because I have been struggling economically. I'Ill actually right now supporting two households, which is that and the hOIne I live in. I need a little bit more time than that. CHAIRMAN LEFEBVRE: Any other questions? MR. DEAN: I have a problelTI with that. The fact that I think you're going to use it for a living area. It looks like it's set up -- MS. NUNEZ: No, I won't do that. I teach at Pinecrest. I'ln not going"to do-anything that is -- that is going to jeopardize Iny job or Iny reputation or -- you k110\V. "MR. DEAN: If son1ebody hasn't been in the propeliy for tvvo years, I think there is a little neglect there. So I worry about it being rented. rv1S. NUNEZ: I prolTIise it's not going to happen. MR. LARSEN : Well, the issue now is whether or not we approve the stipulation agreement between the County and Ms. Nunez. And 1'nl inclined to approve the agreenlent. I think the 120 days is fair to the Respondent and -- CHAIRMAN LEFEBVRE: I have a couple of issues about approving this stipulation. One being that it states in the violation that it's a guest house and she states it is going to be a storage shed. And our stipulated agreement doesn't state ,vhere -- what it is supposed to be. Is it going to be a shed or it's going to be pennitted as a guest house? So what are we approving? Weare approving it to be a guest house or a shed, which are two different things. If it's a shed, it's not going to have the bathroom and all the facilities. If it's a guest house -- :tv1R. LARSEN: Does that really Inatter? Basically she's going to Page 37 16 J ,. " ~~ M ~..; 1 1 . ,0 l' "'.. } ( .1 i\!O\clLD\..l ..:.J. __..0. have to get the pe1111it, inspections, cOlnpletion of 120 days, ilTespective ofyvhether or not it's a guest house or a shed. She can do \vhat she likes as long as she's properly pennitted. She could Inake it into something completely different. Right now, based upon the photographs, what \ve have clearly is a property that \vas used for rental purposes. I don't think there is any denial of that. But Ms. Nunez, if she can get the penl1its to nlake it into a guest house, that's fine. You know, if they can get pennits to 111ake it into a storage shed or some other thing, I think that's a prerogative, as ,veil. At this point I believe that 120 days is a sufficient alllount of time for her to one way or another figure out \vhat she wants to do ,vith the property . CHAIRMAN LEFEBv~: Any other cOlnments? MR. DEAN: I just have one more conunent. You're not going to be renting this out or somebody is not going to be living there? MS. NUNEZ: V/ell, like I had told in the very beginning, it has always been -- it used to be an additional -- additional 1110nies for Ine. So when I talked to Jonathan, then I was in the understanding I cannot -- I camlot rent that house. So I did exactly what he said that I could not do. But Iny concern was -- you know, and what I wished, that I wanted, was it to be a guest because that's what I had used it for before. So if it -- if I can use it as a guest, then I would really -- it would really help me out a lot. MR. DEAN: Can I just ask one more? When you say a guest, you have cOlnpany over and let them live in there? MS. NUNEZ: Yeah.' Stay in there. MR. DEAN: The wiring and the plumbing, it's all out of code. And if you let sOlnebody live there, that's what bothers nle. MS. NUNEZ: Actually, ,vhen I -- when Jonathan ,vent to the Page 38 NO\JJ~rto. 2~jll house, the house \vas not used. But I kne\v this older 111an and he asked ifhe could live there and I said Yes. .; So \vhile he \vas living there, I \vasn1t charging hin1 anything. And it was under construction. It vvas being \vorked 011, but we stopped it because Jonathan stepped in. CHAIRMAN LEFEB\1RE: Any other questions? MS. NUNEZ: He didn't have a place. He was a hOlneless man. CHAIRMAN LEFEBVRE: Do I hear a Ination? ~. LARSEN: I lTIOVe tbat we approve the stipulation agreement as proposed by the County at this tillie. CHAIRMAN LEFEBVRE: Do I hear a second? MR. KELLY: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. LARSEN: Aye. I\1R. KRAENBRING:. Aye. MR. PONTE: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Any nays? MR. DEAN: Nay. CHAIRMAN LEFEBVRE: Nay. Motion passes. Stipulated agreelnent. MR. LARSEN: Mr. Chainnan, does the reporter need a break? CHAIRMAN LEFEBVRE: Okay. We'll take five. We'll COlne back at quarter after. (A recess was held from 10:04 a.m. until 10:14 a.ln.) CHAIRMAN LEFEBVRE: I aln going to call the Code EnforcelTIent meeting back to order. And our next case is Bee versus Eduardo and A1mette Nodarse. And it is CEB number 2007020522. (Speakers were duly S\VOlTI.) Page 39 -- .161 1" ,); .;, ovelnber 20~ 2008 A J MS. \V ALDRON: Okay. This IS in reference to departlnent case number 2007020522~ Bee versus Eduardo and Annette Nodarse. For the record, the Respondent and the Board ,vas sent a packet of evidence and \ve \vould like to enter the packet of evidence as Exhibit "A'l. CHAIRMAN LEFEBVRE: Do I hear a motion? MR. KELLY: l\10tion to accept the packet. CHAIRMAN LEFEBVRE: Do I hear a second? "MR. KRAE~TBRING: Second. CHAIRMAN LEFEBVRE: AU those ill favor? MR. KAUFMAN: Aye. MR. LIESPERANCE: Aye. MR. LARSEN: Aye. MR. K_RAENBRING: Aye. CHAIRMAN LEFEBVRE: Aye. MR. DEAN: Aye. I\1R. PONTE: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MS. WALDRON: Violation of ordinance 04-41 as amended, Collier County land develoPlnent code, Section 3.05.01(B). Description of violation: Property has been n1echanically cleared in excess of one acre without required pennits. Location/address where violation exists: 4184 6th Avenue N.E., Naples, Florida. Name and address of owner/person in charge of violation location: Eduardo and .Annette N odarse, 4184 6th Avenue N .E., Naples, Florida 34120. Date violation first observed: 2-20-2007. Date owner/person in charge given notice of violation: 5-29-07. Page 40 }.t. r ~4 t\ NOVenl~'r 2o"io@r~ Date on/by which violation to be corrected: 5-16-07. -' Is that right? MR. LARSEN: That's a problem. MS. \VALDRON: Date of reinspect ion: 8-1-08. Result of reinspection: Violation rell1ains. At this tilne I ,vould like to call Code Enforcement Investigator Susan O'Farrell. MS. O'FARRELL: Good 1110ming. For the record, Susan O'Farrell, Collier County Code Enforcelnent Investigator and environmental specialist. This is in reference to case nunlber 2007020522 with violation of Sections 3.05.01(B). It is located at 4184 6th Avenue N.E., Naples, Florida in regards to clearing in excess of one acre without a pennit. ' I would now like to present case evidence "A" or "B" through "E". Sorry there is so Inany. CHAIRMAN LEFEBVRE: Have the Respondents seen the pictures? MS. O'FARRELL: Yes, they have. MR. KELLY: Make a Ination to accept the packet. MR. DEAN: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. LARSEN: Aye. MR. KRAENBRING: Aye. CHAIRMAN LEFEBVRE: Aye. MR. DEAN: Aye. MR. PONTE: Aye. MR. KELLY: Aye. MS. OfF ARRELL: I would also like to add that Mr. Nodarse has his daughter as his translator. CHAIRMAN LEFEBVRE: Do \ve need to swear her in as a Page 41e'-' 161 lAl Ni 0' ,','Cl '1- t, 'ClIO) 'J ) (j' CJ Q 1 \. ,,1 1 ,C ~,' \ ~ ~ () translator? 1\115, RA\VSON: Yes. (~1s. ~v1artinez \vas S\VOn1 in to interpret frOITI English to Spanish and Spanish to English.) CRAIRMAN LEFEBVRE: What is the size of the property? MS. O'FARRELL: I believe it is 2.25. Let Ine see. MR. KELLY: .28. MS. a'F ARRELL: 2.28; is that what it says on the aerial? 1\1R. KELLY : Yes. CHMRMAN LEFEBVRE: How llluch over the one acre has been cleared roughly? MS. O'FARRELL: Roughly they have cleared 1.32 acres lninus the one acre. So we are talking about .32 acres. They have left uncleared .95 acres. CHMRMAN LEFEBVRE: Has everyone had a chance to look at them? l\1R. KELLY: Yes. CHMRMAN LEFEBVRE: Are you set? MS. OfF ARRELL: 1'nl ready. The case was originated by general investigator Michelle Scavone, who observed on 2-20-2007 the property cleared and spoke to the owner who stated her husband had cleared -- had cleared the property so the children could play. She took photos, which are presented with Exhibit "B". Staff researched the property and showed that it was cleared .32 acres in excess of one acre without the necessary pennits. MS. MARTINEZ: I would like to -- he wasn't aware that he needed -- MS. OfF ARRELL: I'ln sorry. But the presentation of the first part of the case is for the investigator and then the Respondent is allowed to -- 1v1R. LARSEN : You will have your -- Page 42 .._.~._,_ 'It r'l"'_e__~'" Nol,l1tkr 20~~81 MS. MPRTINEZ: I thought she was done. MS,OIFARRELL: No, I'Ill sorry, The intervie\v \vas sent and signed for by the Respondent on 11ay 29, 2007. The Nodarses \vere given a list of envirolllnental consultants that they could use in order to prepare their plan for mitigation. He \vas hired, but not paid his contract fee. So the acting supervisor, Marlene Serrano and the then Code Enforcelnent Investigator J en \Valdron worked very closely with the Nodarses to try and C0111e up \vith a plan. They required -- let's see. It was ten slash pines and 30 three-gallon saw palmettos. The plan was then changed again to 40 slash paln1elios instead of -- I'Ill sony. Saw palmettos instead of the slash pines.- -- When the staff conducted the site visit, they detennined that the native plants had been not installed and found that seven plants had been planted and 20 ficus. These are nonnative plants. Originally the plan was accepted for the ten slash pine and 30 tbTee-gallon saw pal111ettos. I was on site and observed no plants that were nOlmative and County accepted that were installed. And all the nOlulative plants that were installed were dying or not thriving. Those vvould be on Exhibit "C". Exhibit liD" is the aerials that show the property over the last three years and how it has been cleared with 2008 Inore cleared. When I was on the property on the July 30th visit, I observed more destruction to the property. And, you know, I aln finished presenting Iny case. MR. LARSEN: I have SOlne questions of Ms. O'Farrell. Mr. Chairman, may I please? CHAIRMAN LEFEBVRE: Yes. MR. LARSEN: How did you calculate it was in excess of one acre? MS. O'FARRELL: I had lny staff researcher, ,vho is quite good Page 43 '-' Nove!b~r t" 2~tA 1 \vith 111aps. Ail0 he is here to restify5 ifyouid like. l~is nanle is Investigator Pete Seltzer. And he created a filap that we can pass around that \ve can sho\\1 it as Exhibit !IF". MR. LARSEN: \\Thy don't you shovv that to the Respondent and have your Inan testify. (Speaker ,vas duly S\VOlTI.) MR. SELTZER: For the record, envirorunental specialist Pete Seltzer. CHAIRMAN LEFEBVRE: Get closer to the Inicrophone. :MR. SELTZER: Sorry. CHAIRMAN LEFEBVRE: Hold on one Ininute. MR. SELTZER: Sure. 11R. KELLY: Make a 111otion to accept Exhibit "F". .MR. DEAN: Second., CHAIRMAN LEFEBVRE: All those in favor? .MR. KAUFMAN: Aye. MR. L'ESPERANCE: Aye. .MR. LARSEN: Aye. lv1R. KRAENBRING: Aye. CHAIRMAN LEFEBVRE: Aye. .MR. DEAN: Aye. .MR. PONTE: Aye. .MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion is approved. MS. O'FARRELL: These are approxilnate calculations. They are not exact. And Mr. Seltzer will explain to you how he did it. Are you ready? 1v1R. SELTZER: Okay. What I did basically to calculate the acreage is I used the aerials from 2008. And using the GIS Arc map program, I was able to actually draw out the outlines of the cleared Page 44 1 6 ,1 A 1 t, No\'ember ~20,. 2008 sections and generate a feel for the calculated acreage, And doing sirnple Inath conversions f1'o111 square feet to acres, I vvas able to dravv out -- calculate out the cleared sections and the sections that renlained. Like Ms. O'Farrell said, this is just an estilnate. This is not an exact survey. This \vas done froln the cOlnputer, not at the site. And it's relying on the data layers that C0111e froIn Collier County. Nothing luore than that. And I have had several years of experience doing this for the State of Florida with the Division of Forestry. I even worked for the fire departInent doing mapping. I feel fairly cOInfortable with it. MR. LARSEN: So what's your professional opinion? MR. SELTZER: My professional opinion is that it's accurate to only a certain degree. It would not give you a clear estin1ate. Maybe within a tenth or nearest two-tenths of an acre. MR. LARSEN: Is it your professional opinion that in excess of one acre was cleared or not, sir? :rv1R. SEL TZER: Yes. Yes, sir. MR. LARSEN: How ITIuch in excess of one acre was cleared? MR. SELTZER: I would say, based on Iny knowledge, anywhere between a quarter and a half. 1'nl not going to be precise. I want to cover lTIyself on this. So between 1.25 and 1.5 acres based on the -- MR. LARSEN: Right. MR. SELTZER: -- estimate that I generated. MR. LARSEN: But your testilnony has to be clear. Is it in excess of one acre or not? MR. SEL TZER: Yes, sir. Without a doubt. CHAIRMAN LEFEBVRE: Any other questions? MS. O'FARRELL: We anticipated that question. CHAIRMAN LEFEBVRE: Are you all set with your case? MS. O'FARRELL: 1'111 ready to turn it over to the Respondent. MS. MARTINEZ: Basically he did not clear out one acre and a Page 45 ~oJ , .~, Ii' ,M ovel11ber 20" 1008' '7 quarter. There vVas stuff cleared out before \vhen the house '\?vas Inade. What he cleared out was in the back, not an acre and a quarter. ~1R, L!ESPE~ANCE: Speak into the Inicrophone, please, You can actually Inove the Inicrophone towards you. MS. MARTINEZ: Like I said, there was -- I mean, he cleared out stuff in the back. And 110t in the front. And he didn't take out any big trees or anything. The trees that are Inissing are, like, I guess, the cypress. The taller trees that are Inissing have gradually fallen off with tilne. And, you know, and he -- the thing \vas, too, he bought two acres, and nobody told us that ,ve could only have an acre for us to do vvhatever \ve needed to do with it or he needed to do \vith it. Also, v{hen he did the contract to the house to get the house built, he specified he didn't want any big trees taken out. So, I ll1ean, to our knowledge it was because he had taken ofT SOITIe trees -- the reason \ve're here is because he had taken off SOlne trees he wasn't supposed to. But now I see it all taking a turn that he cleared Inore than an acre. He said that towards the back there was slnaller trees and just pretty much weeds and stuff. He wasn't aware that \ve needed a pennit also to clear out anything in the lot. CHAIRMAN LEFEBVRE: If you look at the aerials between 2007 and 2008 -- I don't know if you have that in front of you. MS. MARTINEZ: I don't, but we did take a look at it. CHAIRMAN LEFEBVRE: There is a distinct difference in the way the land looks. 2008 it appears to be quite a bit of the property is cleared and it's pretty stark. It's pretty obvious that a good part of the land has been cleared at that point. MR. NODARSE: (In English) Look at that. It's all big tree. It's over there. MS . MARTINEZ: All basically he cleared out was the -- I guess, the slnaller stuff. But he didn't clear out any big trees. And basically if you can see froln 2007, a lot of trees have been drying up and Page 46 16 I l~ A 1 NoveInber 20, 2008 ~ falling, as well. Like the taller ones. lYfR. NODARSE: Not only ll1Y land. It's every land around. The big tree is gray. CHAIR1v1AN LEFEB\1RE: 1\11r. Kaufn1an, go ahead. lv1R. KAUFMAN: I see on Exhibit C-l that there's a hoat and the front part of an I8-wheeler and, I guess, a trailer. Are those -- is that why the road was put in; to get those vehicles back there? And is it being used for that purpose? MS. MARTINEZ: Yes, it is. And everything that he took out of the lot he didn't burn it, he didn't bury it or anything. It's in the back and it's living. It's actually there. IvlR. NODARSE: It's living anyway. MS. O'FARRELL: I'n1 sorry. But this case is here about the vegetation relTIOval. If he cleared for the road and for the trucks, you still need to get a pennit. I Inight also say that if he transplanted anything in the back, I didn't see it. CHAIRMAN LEFEBVRE: Any other questions? Go ahead. Mr. Kelly. MR. KELLY: Susan, do they ever allow people to clear more than one acre? F or instance, if I was to go in and get a pelmit and I wanted to clear an extra half an acre 011 111Y property over the one, that's allowed; do they allow those? MS. O'F ARRELL: They would allow you to clear as long as you had an accessory use. An accessory use would be keeping animals, building another guest house that was not going to be rented but used periodically. And then they would get the space for that house -- the square footage of that propeliy structure, as well as the setback. But to clear in order to operate a business, unless they got a variance to the zoning, they vvould not be allovved to do that without a permit.r Page 47 ,1 II "~ 161 i', ,\' 'I ~_,' ..~ ~I , No"vernber 20, 2008 l'vlI~. KELL '{: Thank you. MR. LARSEN: Mr. Chairnlan. CHAIRI\1AN LEFEB\IRE: Yes. :MR. LARSEN: Ms. O'FaITell, what's the County's response to the Respondent's contention that the Respondent didn't personally clear in excess of an acre; that it was partially cleared prior to his purchase of the property? MS. O'FARRELL: Well, the Collier County code states that we hold the property owner responsible. Also, the property that was cleared for the house, the driveway, the front yard, the side yards would have been close to that one acre. MR. LARSEN: And in respect to the clearing on the back of the property, that exceeded one acre? 1\18. OfF ARRELL: That's why it's .32, instead of the whole property or even half of the property. MR. LARSEN: The County's contention in regard to that area that has been cleared which is in excess of one acre constitutes, what, a violation? MS. O'FARRELL: A violation of the code. MR. LARSEN: Okay. And that's what this Respondent has been cited for? MS. O'FARRELL: Yes. MR. LARSEN: Okay. MS. O'FARRELL: It's the .32 of an acre that they're being cited for. MR. LARSEN: Okay. Do you understand that and what exactly you're being cited for? Because there was SOlne question that initially you thought it was for removing SOlTIe vegetation. MS. MARTINEZ: That's what we were told at first. That it was because ,ve had removed some vegetation and they wanted us to put certain plants in. Page 48 1611Al Noven1ber 20, 2008 However~ \ve \vere told to put celiain plants and there \\Tas a rnisconul1unicatiol1 beiween Iny parents and, I guess, the other ~- I ~ guess investigators they vvere vvorking vI/ith. And they put in the wrong plants. But it's not like that they \vere not trying to fix the problem. Because obviously you could tell they've been putting plants in, but just the \vrong ones. .Lv1R. LARSEN: I just want to be clear. MS. MARTI1\TEZ: But yes, yes. MR. LARSEN: Do you understand \vhy you're here today? MS. MARTINEZ: Yes. :tv1R. LARSEN: Did you hear Jv1s. Q'FaITeIl's testilTIOny that it's because it was in excess of one acre by a certain anlount because that ,vas cleared in the back? And that's 'Nhy the violation is being presented to the Board today. MS. MARTINEZ: Yes. MR. LARSEN: All right. I just want to lnake sure you understand what -- MS. MARTINEZ: Right. MR. NODARSE: (In English) I'nl sorry for that. MR. LARSEN: It's fine. MS. MARTINEZ: We were not aware that he wouldn't clean Inore than one acre. I Inean, we figured he bought two acres and __ tw'o acres and sonle, but we weren't aware that he could only use of his property one acre. MR. LARSEN: Thank you very llluch, Mr. Chairman. CHAIRMAN LEFEBVRE: Any other questions? MS. O'FARRELL: I would like to make a statelnent. The Nodarses were told several times by Marlene Sen'ano, who also speaks Spanish, what the violation was. She negotiated with them for saw palmettos, which would have been the primary plant there and the ten slash pines, ,vhich would have been the secondary. So I believe they knew what plants they were supposed to plant. Page 49 '~MIiI"_"--"',--_.'~-~"'~ ~ .... T _ ._____~~._..._..__.".,"'~_....""....._.__...'______"'"___~' ~.6J, J.Al No\'~n1ber ~~008 i\l1d also the fact that they planted those queen palms in a straight line would not have been sOlnething that vvould have been told to theln by an environnlental investigator or supervisor. MR. L'ESPERANCE: Thank you. MS. a'F ARRBLL: So r understand them saying that they didn't recognize that they had the violation. But then \vhen they were given Inany opportunities to abate it, they did not. CHAIRMAN LEFEBVRE: Any other questions? MR. LARSEN: Make a Illation. I lnove that a violation of ordinance 04-41 as amended by the County, County land development code, Section 3.05.01(B) did, in fact, exist. I\IfR. DEAN: I'll second that Inotion. CHAIRMAN LEFEBVRE: All those in favor? MR. KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. LARSEN: Aye. lVIR. KRAENBRING: Aye. CHAIRMAN LEFEBVRE: Aye. MR. DEAN: Aye. MR. PONTE: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. A violation has been found. MS. O'F ARRBLL: We have a recommendation by the County that will be passed out by Ms. Waldron. CHAIRMAN LEFEBVRE: Did you say that there was a mitigation plan prepared previously? MS. O'F ARRBLL: The lnitigation plan was not prepared by an environmental consultant. It was negotiated between the investigators and the supervisor and the N odarses. Page 50 J.bl '1 I , ,_~J'~ Novenlber 20, 2008 I can honestly say 1 \vas not the investigator at the tirne. rln going by the records that were being kept by those investigators involved. l\1R. KAUFMAN: Is this recolnnlendation lllore than the original agreenlent was for? MS. O'FARRELL: Yes, it is. MR. KELLY: I \vould like to take a stab at it, if you'd like. MS. O'FARRELL: May I just tnake a statelnent real quick? No; closed? CHAIRMAN LEFEBVRE: Go ahead. MS. O'FARRELL: The Initigation report that -- the 111itigation - that ,vas approved by the general investigator or the supervisor I think lllore reflected what the property actually looked like. And I also believe that it was given in good faith and given with enough tilue to subtnit it. CHAIRMAN LEFEBVRE: Okay. Go ahead, Mr. Kelly. MR. KELLY: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case within 30 days of the date of this hearing in the alnount of $86.43. Number two, that the Respondent abate all violations by planting and ensuring 80 percent survival \vithin two years often slash pines and 30 saw pahnettos or a fine of $50 per day will be incurred for every day thereafter the violation is not abated. Number three, 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. Number four, the Respondent Inust notify Code Enforcetnent Investigator when the violation has been abated in order to conduct a final inspection to confirm abatenlent. CHAIRMAN LEFEBVRE: Did you mention anything about the plants surviving over a period of tilne? MR. KELLY: I did. In that case it was 80 percent survival Page 51 -\ Novenl~2J5 2008 \ \^.rithin t\I\!O years, MS. OfF ARRELL: Could you please clarify sOlnething for rne, Mr. Kelly? I\1R. KELLY: Sure. MS. O'FARRELL: The Initigation report needs to be sublnitted within how many days? :MR. KELLY: I didn't put a Initigation report since that was what the County had already talked about ,vith the Respondent. l'ln figuring we can just put that into the order and save thelll the 1110ney of getting an enviromnental specialist. MS. O'F ARRELL: Okay. So, I guess, Iny question is that if that mitigation was negotiated by the County, vV'ould there be a ceItain nUlnber of days or shall vve just take that part of the reconunendation? "MR. KELLY: Oh, I apologize. I don't think: I put a tilne fraIne. MS. O'FARRELL: Right. MR. KELLY : Yeah, I didn't. If it pleases the Board, let nle alnend that motion to include a time fralne of 120 days. MS. O'FARRELL: For the Initigation negotiation to be submitted? .MR. KELLY: To have everything planted and cOlTIpleted. MS. O'FARRELL: Okay. MS. MARTINEZ: Excuse me. So I need somebody to explain this to Ine, like, in simpler words. 1v1R. KELLY: Let us get it finished. MS. MARTINEZ: Okay. .MR. KELLY: Because we're working out the details and ,ve'll absolutely explain it to you. MS. MARTINEZ: Okay. Okay. Thank you. 1v1R. KELLY: Susan, would you be willing to also help them with how to plant the vegetation? MS. O'FARRELL: Yes, I will. CHAIRMAN LEFEBVRE: 120 days we're at the cusp of going Page 52 ~6 J ~.L i~ 1 November 20,2008 into the dry season. And \vhen these things are planted~ itls going to be, let's say, hypothetically March or so, \vhich is still very 111uch a dry season. MR. KELLY: This is true. If it please the Board, we obviously can change that tin1e frallle. MR. L'ESPERANCE: Okay. Go for it. CHAIRIvlAN LEFEBVRE: Maybe six lTIonths, 180 days. And that \vay they'll be catching the begilming of the \vet season, rainy season. MR. KELLY: \Vell, 180 days is still May. It's still dry. MS. O'FARRELL: I'lll sony. Four months would be March. Six 1110nths would be May. MR. DEAN: Still dry. MS. O'FARRELL: And I \vould go ,vith seven lllonths so that June is actually -- we'll really be into the wet season. MR. KELLY: In that case, I'll amend again to include a tiITIe franle of seven 111onths. MR. LARSEN: That would be 210 days. MR. KELLY: 210 days. MS. O'FARRELL: And that would be for the whole Initigation and planting? MR. KELLY: To have everything conlpleted. MS. O'FARRELL: Okay. MR. LARSEN: Could you clarify as to exactly what it is that they are supposed to do in regards to planting? .rv1R. KELLY: Yes. They're to plant ten slash pines alld 30 saw palmettos. MR. LARSEN: Okay. MR. KELLY: And the details of the size can be worked out with the County's investigator. MS.O'PARRELL: The original plan was for 30 gallon savv palmettos and the slash pines \ve could do eight to ten feet tall so that Page 53 {J!!ilAl .,.\, ' \ Noven'rbe'r 20, 2008 theyw-ould have a better survivabilhy, J:\1R. KELLY: Let's put that right in the order then. MS. O'FARRELL: Yes. .MR. KELLY: Eight to ten-foot slash pines and 30-gallon saw pahnettos. Jean, are you getting all this? MS. O'FARRELL: 30 three-gallon. MR. KELLY: 33-gallon? MS. O'FARRELL: 30-gallon slash pahnetto would be humungous. And then the $50 fine. $50 for the \vhole thing? MR. KELLY: . $50 per day after the 210 days. CHAIRMAN LEFEBVRE: Does everyone have that? MR. KELLY: I tried to silnplify it. I don't think it caIne out that way. :MR. KRAENBRING: You did a good job. CHAIR1v1AN LEFEBVRE: Do I hear a second? MR. DEAN: I'll second the motion. CHAIRMAN LEFEBVRE: All those in favor? MR. KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. LARSEN: Aye. MR. KRAENBRING: Aye. CHAIRMAN LEFEBVRE: Aye. MR. DEAN: Aye. MR. PONTE: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Motion passes. MR. KELLY: Shall I explain it? CHAIRMAN LEFEBVRE: You can explain it because I didn't jot down notes. .MR. KELLY: Okay. Within seven lnonths you're to plant ten Page 54 - - . 16". I "'.' i .'\ 1 Novelnber 20, 200~ slash pine trees eight to 10- foot high, 30 tlu<ee-gallon sa\Jv paln1etios. It's impoltant that those plants survive at a rate of 80 percent for two years. Okay. And then ,vithin 30 days make sure you pay the operational costs of$86.43. MS. ~1ARTINEZ: Where do I pay that to? MR. KELLY: You can talk to Code Enforcelnent. Susan will help you. MS. MARTINEZ: Okay. MR. KELLY: And, also, if you run into a problem somewhere along the vvay, it's good to comn1unicate back with us. MS. MARTINEZ: He wants to know -- he ,vants to know the saw pines could be Inaybe -- MR. NODARSE: (In English) I have a rock -- a rock in Iny line. MS. MARTINEZ: If they could be a little bit smaller. MR. KELLY: They have to be eight to ten feet and you're going to have to talk with Susan about where to plant Thein. What we don't generally want is theln all in one cluster or one row. MS. MARTINEZ: Right. MR. KELLY: She's going to explain how to kind of put theIn in. MS. MARTINEZ: Okay. That works. That works. CHAIRMAN LEFEBVRE: Great. Thank you very much. Have a good day. Next hearing will be BCC versus Mencia's Restaurant, Inc., CEB number CESD 20080014639. MR. ESPINOZA: Could I be sworn in as translator and representative also? CHAIRMAN LEFEBVRE: Okay. Great. Thank you for telling us. (Mr. Espinoza was SWOTIl to translate from English to Spanish and Spanish to English.) (Speakers w"ere duly swonl.) Page 55 _~'~_;$il_ .... _.._--~<..<.~-..,.~-,..__ I iI' ~ lfd lAl -. November 20,2008 I\/[S, \\1 ALDRON: ThIS is reference to depalin1ent case nU111ber CESD 20080014639, BCC versus Mencials Restaurant. For the record~ the Respondent and the Board ,vas sent a packet of evidence and we would like to enter the packet of evidence as Exhibit flAr'. CP.AIRMAN LEFEBVRE: Do I hear a Illation? Jv1R. KELLY: Motion to accept the packet. CHAIRMAN LEFEBVRE: Do I hear a second? MR. KRAENBRING: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. LARSEN: Aye. :rv1R. KRAENBRING: Aye. CI-IAIRMAN LEFEBVRE: Aye. MR. DEAN: Aye. MR. PONTE: Aye. rvlR. lCELL Y: Aye. MS. WALDRON: Violation of ordinance Collier County code of laws and ordinances, Chapter 22 buildings and building regulations, Aliicle II, Florida Building Code, as amended, Section 22 through 26[b][104.1.3.5],[106.1.2],Florida building code 2004 edition, Chapter. 1 pennits, Section [105.1J and 04-41, Collier County land development code, as amended, Section 10.02.06 [B][l][e], and 1 0.02.06[B] [1][ e] [i]. Description of violation: Removal of sections of a firewall without permits. A DJ booth constructed on the interior of the structure without permits. A gas stove with a hood and a cooler installed without permits. Electrical ,vork throughout building cOlTIpleted without pennits. Location/address where violation exists: 205 to 209 West Main Street, lInmokalee, Florida 34142. Name and address of o,vner/person in charge of violation Page 56 1,~\61-1et~A23D8 location: Wienciais l~estauranL~ [nc'5 Juan Acevedo, P. O. Box 1648, hnlnokalee, Florida 34142 as registered agent. Mencia R. Acevedo, 710 Oak Street, Fairlawn, New Jersey 07410. Juan Acevedo, 205 West Main Street, IInmokalee, Florida 34142. Date violation first observed: Septelnber 19th, 2008. Date owner/person in charge given notice of violation: October 7th, 2008. Date on/by which violation to be cOITected: October 26th, 2008. Date of reinspection: October 29, 2008. Results of reinspection: The violation relTIains. At this tilne I would like to present the case to Kitchell Snow. MR. SNOW: Good lTIoming. For the record, Kitchell Snow. That's spelled K-i-t-c-h-e-l-l S-n-o-w. This concell1S case nUlnber CESD 20080014639. It's renlodeling additions without pell11its. Folio of the property in question is 2558060002. Service ,vas given on 10/7. The property \vas posted and registered Inail was gIven. And let Ine first start off by saying this a health and safety issue. The paralnount issue here is the concenl for the safety . We do have a packet of photographs ,veld like to sublnit. We can consider it Exhibit B-1 through 9. And we also testify that these photographs are a true and accurate representation of the property as it was at the time of the photographs. CHAIRMAN LEFEBVRE: Do I hear a motion? MR. LARSEN: Has the Respondent seen it? CHAIRMAN LEFEBVRE: Yes, sir. I showed Mr. Acevedo the MR. KELLY: Motion to accept the photos. lvfR. KRAENBRING: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KAUFMAN: Aye. MR. L'ESPERANCE: Aye. Page 57 '-" 1~cllb~2~ 2~08 I'v1R. LARSEN: ~Aye, l\1R. KRAE1\TBRING: Ave. " CHAIRMAN LEFEB\TR_E: Aye. lv1R. DEAN: Aye. :MR. PONTE: Aye. l\1R. KELLY: Aye. CHAIRMAN LEFEB\TRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. What's the date of these photos? MR. SNOW: They were taken on the 26th. CHAIRMAN LEFEBVRE: Of October? MR. SNOVl: Of Septen1ber, sir. As you can see, the first photograph you're going to see is -- it's no fault of the Respondent's. But a vehicle ran thTough the front of that. And that's initially how all this stalied. We do nonnal task force Ineetings with Collier County Sheriffs \vith the cOffilnunity policing and they alelied that this Inight be a permitting issue. So we went to the property -- myself, Iny investigator fi.oln lilllnokalee -- \vith the Sheriffs Office, Corporal Mike Taylor, who will testify as an expert witness here sholily about the health and safety issue of this property. And then \ve looked and we noticed several things on the property. And as you can see throughout, there's just -- they have massive intrusion of the firewall. It was originally permitted as nvo separate suites. And I'll submit as evidence the original property card here shortly. You see massive electrical work. I didn't even want to go in the bathrooln it \vas so bad. And that vvasn't -- that's not a health and safety issue. The lnain health and safety issue is when the car struck the original -- the building, there vvas possibility of structural damage. Page 58 "\ e," '.' c1 A iJ..h -, ,- ~ ,'- ", .,')\ ') u-k~bC1\~. . .'- But it lTIoved 3 gas stove and they conTinue to operate. When I \vent in, I initially told Mr. Acevedo I \vas very, very concerned about having citizens in this with all these health and safety issues. And they continue to operate today. I don't think that ,ve should allo\v them to operate. I don't think he should be operating until he's got his penl1its and all his inspections and COso I think it's a severe health and safety issue for this cOlmnunity . As you can see by the photographs, I think that clearly states that. I'd like to sublnit into evidence the property card, which is -- you already have it. We'll go for Exhibit "e" on that 1 through 4. If you look on that 'property card -- CHAIRMAN LEFEBVRE: Has the Respondent seen this? MR. SNOW: The -property card, no. I can show it to hiIn. F or the record, on here if you will look on the -- CHAIRMAN LEFEBVRE: Motion. MR. KELLY: It's already been accepted. MR. SNOW: On the first page you'll notice the structure that there is an interior firewall. There's two separate structures. There's two separate suites in there. In the time -- sometilne when it was built and today that was -- the intrusion was made in there. Also, if you look on there, it's got a very comprehensive record on the property owners. There's only been one pennit on there. I know there's sometimes a question about SOlne penllits in I1mTIokalee, but this is a very thorough property card. It has a lot of information on it. I don't think any pennits have ever been pulled, other than the original one. I checked CD Plus. There's been no pennits pulled, other than one for a fire suppression system in 2003, which was never COed. It was canceled. Again, I just have severe reservations about letting this business operate as it currently is. I don't think it's even renlotely safe for the Page 59 1~4. '; NovenJiJe' ,c. \ 2(~8A 1 citizens of Inu11okalee. 1\1R. LARSEN: 1v1r. Chainnan, Inay I ask Investigator Snow SOlne questions? CHAIRMAN LEFEB\!RE: Yes. MR. LARSEN: For the record, Investigator S110\V -- Supervisor Snow. I'm sorry. I apologize. The first page you identified as the front of the building after an autonlobile ran tlu.ough? MR. SNO\V: Yes, sir. MR. LARSEN: Okay. And you've got SOlne wood up there, which, I guess, is secured in place? MR. SNOW: Yes, sir. One of the questions I asked, sir, not to intenupt you, was I had talked to one of the original contractors. And he had some reservations about the structure being safe. And we did, too. If you look at one of those photographs back by where one of the condensers is, you see the building is cracked. MR. LARSEN: Well, we'll get there. MR. SNOW: I'm sorry. MR. LARSEN: The second photograph seelns to be SOlne construction inside with a monitor of SOlTIe sort, a hand truck, and a couple of speakers. What is that picture? 11R. SNOW: That's a OJ booth, sir. 11R. LARSEN: And after looking at the property card, was that a permitted addition to -- MR. SNOW: No, sir. MR. LARSEN: All right. 11R. SNOW: Keep in lnind, sir, this is supposed to be a restaurant. MR. LARSEN: All right. So, in your opinion, what is the status of this DJ booth? MR. SNOW: That's an illegal addition, sir. Page 60 J. 6 4J.;\ 1 Gvelnber 20,1008 IvlP,--. LfIlRSEN: All right. (ioing on to the third photograph. It seelns to be a stand-alone air conditioner of S0111e sort; is that correct? MR. SNOW: It looks like a condenser to Ine, sir. MR. LARSEN: Okay. And what's the inlportance of this photograph? MR. SNO\V: Well, sir, if you look on the top of that, that's the coiling from around -- that goes through the wall. I don't knovv of anything they could possibly permit. And they've got electrical hooked up there S0111e way and I don't -- like I say, there's so lnany things, as far as electrical, that's going on with the side of that and the interior of that. We have no way of knowing is that even permittable as it is. I\1R. LARSEN: All right. But it's your contention that this is a violation, as well? , MR. SNOW: That's illegal, sir, yes. MR. LARSEN: Were you lnaking reference to any of the cracks . in the side of the building? MR. SNOW: Yes, sir. If you'll look above that, I'ln not sure whether that happened because of the intrusion of the vehicle in front of that property. But structurally that doesn't seem real sound to nle. I'ln not a structural inspector, but I have grave concerns about this. MR. LARSEN: Going on to the next photograph, it seems to be an interior view with a colunul painted black and it looks like a walk-in box. MR. SNOW: Yes, sir. MR. LARSEN: What's the importance of this photo? MR. SNOW: Sir, that's an intrusion into the firewall. There's an intrusion into the firewall in two areas there. MR. LARSEN : Well, when you say intrusion, you Inean the firewall was Inoved partially? MR. SNOW: It was cut. MR. LARSEN: It was cut? Page 61 Nov!n~eJ 2o,~o~81 Iv[R, Sl'-!O VI: It \vas cut and allowed intrusion into both suites, SIr, yes. MR. LARSEN: So vv'hat is your position in regard to -- is that allowed; is that not allowed? MR. SNOW: No, sir. It's never been pennitted to do that. There are certain instances when you could be allo\ved to l11ake an intrusion, but it has to be -- you have to have a pennit for it. They call it the missing wall. I'lTI sorry, sir? MR. LARSEN: What's the danger? :MR. SNOW: lfthe fire is going to go from one suite to the other. MR. LARSEN: The next photograph is the saIne thing of an interior with another black COlUl1U1. Is that for the saine purpose? M_R. SNOW: Yes, sir. MR. LARSEN: And that just shows a different perspective on it? MR. SNOW: Yes, sir. And probably if you look at that photograph in the fear you're going to see a cooler again. That's never been -- there's no pennits for it. It's never been -- MR. LARSEN: You're talking about the two-door cooler in the back? MR. SNOW: Yes, sir. Yes, sir. MR. LARSEN: All right. And then the next paragraph-- photograph we seem to have another outside view of electrical service? MR. SNOW: Yes, sir. MR. LARSEN: What's your cOlnplaint about this? MR. SNOW: Never been pennitted, sir. We don't even know what the load of that structure is, what's allowed in there, and ,ve need an electrical. MR. LARSEN: So there were no electrical permits ever pulled on this propeliy? MR. SNOW: Only on the original one, sir. And as you can see, Paze 62 '-' .. ""'-- .~ ..~. 1 6 1 i~" NovelTlber ..::,OJ.&oH 1 there's a lot of additions in there. MR, LARSEN: So it's the additional electrical service? MR. SNO\V: Yes, sir. MR. LARSEN: And the next photograph SeelTIS to be lllore , conduits? :MR. SNOW: Yes, sir. -rv1ore conduits, additions, an electrical added without pelmits. Iv1R. LARSEN: Next photograph, what's that? San1e thing; more conduits? MR. SNOW: SaIne thing, sir. We're follovving a path. MR. LARSEN: These conduits are -- vvere not pennitted? MR. SNOW: Added illegally, yes, sir. MR. LARSEN: And then, finally, the last photograph seelllS to be some wiring. What's that? '-' MR. SNO'V: Sir, that's the Inain electrical conling into it. As you can see, there's discolUlects up there and there's other cOlmections up there. There actually vvasa vvire hanging down fronl that that appeared to be -- I don't kno,v \\That it was attached to. And he told Ine he would pull it down and it was live. I know it ,vas live cOIning on the electric because I sa\v the nleter move. And I advised him to get away froln it and don't pull it, so -- MR. L'ESPERANCE: I have one question. Is that prior or after the lneter? MR. SNOW: I'm sorry, sir? MR. L'ESPERANCE: These photographs -- MR. SNOW: Oh, those are prior to the lneter. MR. L'ESPERANCE: Prior to the Ineter? MR. SNOW: Yes, sir. MR. L'ESPERANCE: I wanted to Inake that clear. MR. SNOW: Yes, sir. MR. LARSEN: Now, with the property card there is a schelnatic on the front first page of the property card. Do you have that in front Page 63 Nove:~r 1'0. 2!O~ 1 ofvou? ,I IvfR. SN 0 \'"AT: Yes, sir, I do. MR. LARSEN: A,U right. No\\!, there evidently is SOl1le 11larking ,vith a line down the ll1iddle vvhich represents that \IV all you ,vere speaking of; is that correct? MR. SNOW: That is correct, sir. I\1R. LARSEN: All right. And is it your contention that that ,vall was the one that was partially relTIoved in the photographs? l'v1R. SNOV/: That is Iny contention, sir. MR. LARSEN: And in regard to the pernlitting, tell nle where the pennitting would be found on this property card if -- MR. SNOW: Sir, if you look on the second page it says two -- parcel nU1l1ber rNo, page two. It's got one original pennit on there. Nonnally when there are any additions done to these structures pennits are added. And especially in the older systelll before CD Plus __ prior to CD Plus, which was in the early '90s, this is ,vhere they listed all those things on there. And the reason I bring this up is if you look at the ownership on one of these pages, it's very clear and concise about the property, custody of the property going froln one to another. And I checked for pemlits on this property. I checked in every system we have available. And there's never been any pennits, other than this one issued. And this was a very vague pennit just -- it talks about a storefront. It talks about -- it doesn't mention anything about any coolers, anything else. Our contention is and still renlains that there's been many illegal additions on this property. MR. LARSEN: .AJI right. Let Ine ask you a question. Is there any possibility that some of the non-pennitted additions or some of the ,vi ring might have been grandfathered; they might have pre-existed the code? Page 64 161~6vel1;A 120;)8 }",ftT{, Sl"-JO'Vi: \1\1 ell~ the only thing I vvould say ~ sir~ is-\vhen any' additions are done to the property and you're adding, then the nOl1nal process would be to bring it up to code. Because, again, we don't know \vhat the loads are in that. And this is massive, Inassive reconstruction on the interior. And I'll bring Corporal Taylor up in a minute. But we all relnember the fire that took place a few years ago in New] ersey when all those folks were caught in the nightclub. This is -- when you're talking about re1110val of fire,valls, that's what that's for is to stop any fire froIn going over to the next suite. The occupancy in here, sir, is between 31 and 74. He's had in excess of 300 people in this place dOCU111ented and the Sheriff can testify to that. We're talking health and safety. That's -- vve're just -- all we ,vant is this to be legal. \Ve want to protect our citizens. MR. LARSEN: But it's your position that once they started any kind of renovations or any kind of changes to the construction of the building, they vvere supposed to bring everything up to code? MR. SNOW: Well, they're going to have to bring the electrical up to code. If they're going to do that, they need a pennit for the stove up front. The firewall intrusion, that's a permit that's called the missing wall permit. The fire department is going to have to go in there and look at all that, find out is that legal and can they do what they're doing in there. MR. LARSEN: Have you cOilllnunicated with the fire department? MR. SNOW: I have comnlunication with the fire department. MR. LARSEN: And what's their position? MR. SNOW: They had no COlmnent at this tilne. MR. LARSEN: All right. So clearly SOlne of the renovations are recent because you could tell fraIn, you know, the photographs? MR. SNOW: Yes, sir. MR. LARSEN: And it's your position that basically at that point Page 65 16l1Al NovenlDer 20,,2008 they should have vv'ent and got pern1its and that \vould have caused an inquiry as to the other electrical load and the other issues that are -- you're addressing here today? MR. SNOW: 'VeIl, sir, itls not the County's position to ilnpose any undue burden on any business or any citizens of the County. But ,- to answer your question, when we \vould go in and look at something __ hopefully an inspector would notify code and say, listen, we've got this going on. And this is -- I think this is a long rUluling thing. I think these additions have been going throughout the years and I think they've been adding and adding and adding. That's ,vhat it looks like to Ine. It's not just one. It's nlassive. It really is. MR. LARSEN: Right. But that's your testimony earlier that basically -- fronl your review of the records nlaintained by the County, there are no pennits for any of this? !viR. SNOW: None of it, sir. - Iv1R. LARSEN: Okay. And you havesonlebody else to testify? MR. SNOW: Yes, sir. I'd like to call Corporal Mike Taylor to the stand, please. MR. KELLY: Mr. Chairman, if I nlay. He will need to be sworn . In. MR. L'ESPERANCE: I have a question of Supervisor Snow. CHAIRMAN LEFEBVRE: Okay. Great. Go ahead. MR. L'ESPERANCE: Supervisor Snow, have you consulted the Health Departnlent thus far in your investigation? MR. SNOW: The Health Department has been out there. They did get their occupational license for -- to operate as a restaurant. They haven't been in there since this happened. And, I guess, they're waiting for pennits or whatever they're going to have to do to fix it up and then they'll COlTIe. But as far as they're concerned, they're still operating. MR. L'ESPERANCE: Would it be appropriate to also have Page 66 '- l~ov!n~eJ 210, !o~ 1 ,. sOlnebady consult the County's structural building departll1ent for any of these issues \ve've been speaking of this In0111ing? MR. SNOW: Yes, sir. We ,vill do that as soon as \ve get -- and, again, we're just in the process. We're trying to prevent any injuries froln taking'place and anything. He does have a contractor. I have been in talks vvith their contractor, so I'In going to aSSUlne that they're going to talk to structural before penn its are issued. And when \ve get to our reCOilllTIendations, we'll discuss SOlne things. MR. L'ESPERANCE: Thank you, Mr. ChainTIan. (Speaker was duly sworn.) CHAIRMAN LEFEBVRE: If you can state your nalne for the record, please. CORPORAL TAYLOR: Yes, sir. For the record, I'Ill Corporal Mike Taylor with the Collier County Sheriffs Office. CHAIRMAN LEFEBVRE: Thank you. CORPORAL TAYLOR: What we ,vant to testify to is just the overcrowding of the -- of the building. If you take a look at the restaurant, it's about the size of the building that we're in right now. Yau got to add in four pool tables, a couple of gaming machines. And on a couple of occasions ,ve went out on -- in Novenlber of last year we counted out over 380 people in a building that should have 31 to 72. CHAIRMAN LEFEBVRE: Today we're not talking about overcrowding. We're talking specifically about the issues here regarding the cooler, the DJ booth, and possible structural issues. But we're not talking about capacity. CORPORAL TAYLOR: Okay. Well, we were doing the health and safety for the law enforceInent and that did lead to capacity for us. Because when we have to go into a facility that's got 400 people in it, you've got two law enforcelnent deputies that had to go into that building, it's a great concenl for law enforcelnent. That's why we're Page 67 Nove~l~r ~(), :~o~ 1 hereto testify no\v. \IV e had to go in -- on several occasions we had to go into that building \vith t\vo law enforcen1ent deputies and you got 1:\vo or 300 people in there. And that's what we're here to testify as for the safety for la\v enforcen1ent when they have to enter that structure with three or 400 people inside. CHAIR1\1AN LEFEBVRE: Okay. But today, again, ,ve're not talking about -- CORPORAL TAYLOR: Well, I know -- as far as the cooler and the DJ booth, I can testify that it does have the dance floor, the coolers, and the DJ booth. We have been out on several occasions with code enforcelnent. I know we went out with thelll when they have told them that they have to bring it up to the code. And we've been out vvith the fire department also. And the fire depalilnent has been out to the building for the coolers, the dance floor and the DJ booth. J\1R.LARSEN: I have SOlne questions, Mr. Chainnan. CHAIRMAN LEFEBVRE: Go ahead. MR. LARSEN: Deputy Sheriff, where are you stationed? CORPORAL TAYLOR: I'In stationed in Iffilnokalee, sir. MR. LARSEN: Okay. Are these personal observations? CORPORAL TAYLOR: Yes, sir, they are. MR. LARSEN: All right. So you've been actually in the premises yourself? CORPORAL TAYLOR: Numerous times, yes, sir. MR. LARSEN: Okay. And you've been in there during the day and in the evening? CORPORAL TAYLOR: Yes, sir. During the day and in the evening when they have the crowds. I've been there both tin1es. MR. LARSEN: All right. And are these -- ,vhat are they operating actually in there? Is it a restaurant, is it a bar, is it a nightclub? What are they Page 68 l' I!J A1 '1'0. 10\l ,1 eJ ') (1 J~, (' ' " "'" 1. '" . -.-i-. _ _M' J ').....". (~ actually doing on the prell1ises? CORPORAL TA \'LOR: It appears to be a nightclub. If you go in, they've got a DJ booth, They've got a bunch of people dancing and they've got a little kitchen area. ,But for the longest, they ,vasn't serving any food. Code- enforcement got on to then1 about that and now they've got an area set up to serve food. But lTIOst of the tin1e you go in, it's the DJ, it's dancing, and a lot of drinking. MR. LARSEN: And hovv long have you been observing the conditions at this place? CORPORAL TAYLOR: Ahnost three years now. MR. LARSEN: All right. Have you seen changes to the interior over that period of time? CORPORAL TAYLOR: I can't say that I have, sir. MR. LARSEN: Well, has a DJ booth been added during that period of three years? CORPORAL TA \TLOR: Fronl the tilne I've been going there I've seen the DJ booth. I can't say the DJ booth has been added since I've been going to the building. MR. LARSEN: And this is a routine observation or you've been called out to the premises? CORPORAL TAYLOR: It's both. It's routine and we've been called out to the prelnises. MR. LARSEN: And has -- and I understand it's a capacity probleln and that's not before the Board. But when you've been called out there, has it been because of sOlnebody fronl the nightclub calling you or SOfie patron of the nightclub calling you or neighbors? CORPORAL TAYLOR: Yes, sir. On numerous tilnes -- if you look at the stack that I've got right here, that's the tinles that we've been called out to the nightclub for either fights or sOlnething else that's occurred inside the restaurant or outside the restaurant or nightclub or bar. Page 69 '-' 16/11Al Novem ber 200 2008 IvlR. L.L~l{SEl"'J: But youive gone into the nightclub on those occasions? Thatrs the real point. CORPORAL T A \TLOR: Y es~ sir. rvIR. LARSEN: You've personally seen this yourself; the physical conditions of the nightclub? CORPORAL TAYLOR: Yes, sir, I have. MR. LARSEN: Okay. Thank you, Mr. Chainnan. CHAIRMAN LEFEBVRE: Any other questions? :MR. KAUF:MAL'-.I: Question. Do you k110\V whether or not they have a license to sell liquor or beer or wine? CORPORAL TAYLOR: They've got a beer and a carryout. No liquor. MR. KAUFMAN: During your visits, have you -- CHAIRMAN LEFEBVRE: That's not pali of -- we're getting beyond the scope of what we're here for. Any other questions of the Board? Jy1R.KAUF:rv1Al~: No. CHAIRMAN LEFEBVRE: Thank you very nluch, Deputy. MR. SNOW: The County has nothing left to present at this time. We request the right to cross-exalnine and redirect. CHAIRMAN LEFEBVRE: Very good. Go ahead, sir. MR. ESPINOZA: Okay . We're getting back to the violations. I am the general contractor. He's hired lne to come in. I mean, he just got this October 7th. I brought it in. As soon as he got this, he called Ine up. I got Iny architect out there, Rob Andreas. Rob went out there. We took a look. There -- we brought a structural engineer in because the firewall has been -- they have gone in and disturbed that firewall. But it's nothing that can't be penllitted. \Ve've already put -- I just came yesterday because vverve been working really fast between the architect, the structural engineer and the electrical contractor. There are nUll1erous violations and we're not denying that. Page 70 o\em!~J 2~~ 1 Unfortunately, v,7hen he bought the property, he bought all the headaches that came along \vith it All this structural and electrical, the illajority of it has been done prior to his acquiring the propeliy. And now that he's the present o\vner, he's going to have to bring everything up to code and he understand that because l','e explained it to hinl. He's more than willing to do ,vhat he has to do to bring this place up to code. So \ve're presently working on it. We've got our penuit. I've already subnlitted for pe1111it. As soon as \ve get that, vve can start going in there. The structural engineer has already verified that there's plenty of support to cany the weight of the cOlnproll1ised \vall. There's just not enough for the upload, so -- CHAIRMAN LEFEBVRE: For the what? MR. ESPINOZA: For the upload, like if a hun"icane came and tore off the roof. So we need to secure that, but that's nothing that , can't be accolnplished. I lnean, but other than that, we're in the process of bringing all violations up to code. CHAIRMAN LEFEBVRE: Any idea when you're gOillg to get permits? And then once you get permits, how long is it going to take to cOlnplete the work after penTIits? IvIR. ESPINOZA: Well, the last time I got a pennit here it took about almost a Inonth. And I just subnlitted it yesterday. FraIn the time we get the pennit to the time of cOlnpletion of work is -- I would say it would be nice to have at least 60 days froln the time that we get the pemlit. MS. W ALDR01..J: Mr. Chainnan, can I just ask Jean a question for clarification at this point? MS. RAWSON: Sure. MS. WALDRON: Jean, this gentlelnan was S\\10nl in as just a Page 71 lAl NoveI1br ~O, 2008 translator. IvfR. ESP1NOZA: I said translator and representative. MS. RA \VSON: Translator and representative. MS. WALDRON: Okay. \Ve just wanted to clarify that for-- 1\15. RAWSON: Well, apparently he's speaking for hiln as his contractor, too. MS. WALDRON: Okay. I just ,vanted to clarify that that he was sworn in for that. IvlR. LARSEN: Can ,ve have the witness then, Mr. Chairman, identify himself once again and the nalne of his business? MR. ESPINOZA: Jesse Espinoza. Leo Construction, general contractor. ' CHAlRMAN LEFEBVRE: Any questions? MR. LARSEN: I have sonle questions, Mr. Chairman. CHAIRMAN LEFEBVRE: Go ahead. "MR. LARSEN: You were stating you're licensed by the-- ivlt'l. ESPINOZA: The State of Florida. MR. LARSEN: By the State of Florida. Did you have an opportunity to take a look at these photographs? MR. ESPINOZA: I've been out to the site. MR. LARSEN: But the question is: Have you -- MR. ESPINOZA: I saw the photographs, yes. MR. LARSEN: Are these a true and accurate depiction of what the current conditions are out there? MR. ESPINOZA: That is a true and accurate depiction. I mean, that's what's out there. MR. LARSEN: Do you lal0'v if any of these conditions were ever permitted before? ~v1R. ESPINOZA: Going through it with hiln, he didn't realize that the owner before him did not pelmit the cooler, the -- I guess, it was the stove or the hood. I can't relnelnber which one it was. MR. SNOW: It was both. Page 72 Nl~LJ2~k8 ~ IviP___" ESPIN07A: It ~was botb. IvfR. SNOW: The stove and the hood. MR. ESPINOZA: Okay. The stove and the hood. That ,vas already there when he bought the place. The DJ booths he put in. The cOlnpromised firev,rall vIas already like that \vhen he bought it, so -- and the electrical. I mean, that electrical is like forget it. I mean, that thing is old. MR. LARSEN: So the Respondent is not contending that any of that was pennitted at any tinle? MR. ESPINOZA: No, no. He's not saying that -- you know~, I told him, hey, unfortunately you bought this place. You bought the headaches that come ,vith it. You know, you \vant to get these guys off your back, you need to bring it up to code. ~. LARSEN: No,v, is the Respondent open and operating the facility right no\v? MR. ESPINOZA: Yeah, he's still in operation. 1\1R. LARSEl'~: Okay. Thank you. Mr. Chainnan, I have no further questions. CHAIRMAN LEFEBVRE: Any other questions of the Board? ~. SNOW: Mr. Chair, please. I would just like to -- ,ve have one lTIOre person to testify. Because of the long history that's been involved in this, I'd like to call Lieutenant Dolan of the Collier County Sheriffs Office. CHAIRMAN LEFEBVRE: Is it in regard specifically to the violations? MR. SNOW: It's concenling the firewall, sir. The intrusion. CHAIRMAN LEFEBVRE: Okay. (Speaker was duly sworn.) LIEUTENANT DOLAN: Hi. For the record, I'In Lieutenant Mike Dolan, Collier County Sheriffs Office. I'ln the substation cOlnmander for the Inullokalee district and I've been in that position for about five years.a Page 73 '-' 16/1'Al Novenlber 20,,2008 r can celiif)r to the Board vvith regards to the u specifically to the fireV\rall. In dealing \vith this bar/lounge for the last three, five years~ up to three years ago the firev/all \vas intact. So '\vhen he's presenting to you the issue that, gee, I had this place and it caIne to me when I bought it and the firewall had already been removed, that's not accurate. Up to three years ago the fireV\Tall vvas there. There was nothing but a little door because we had issues \vith our deputies going from one side of the bar to the other side of the bar.W e' d have to funnel through that little door. So if he's presenting to you the fact that he purchased the place with a firewall that had already been removed, that's not accurate. That's sOlTIething that has been done since he's been -- I don't k110\V ho,v long he's o\vned the building, but since he's been operating the bar. CHAIRMAN LEFEBVRE: I think it was 2005 he purchased it. 2004 to clarify. MR. LARSEN: Mr. Chainnan, may I ask SOlTIe questions? CHAIRMAN LEFEBVRE: Yes. MR. LARSEN: Are these your personal observations? LIEUTENANT DOLAN: Yes. MR. LARSEN: So you've been in the premises? LIEUTENANT DOLAN: Yes. MR. LARSEN: Okay. So have you taken a look at the photographs? LIEUTENANT DOLAN: Yes. MR. LARSEN: All right. And is this a true and accurate depiction of what the conditions are in the premises? LIEUTENANT DOLAN: Yes. MR. LARSEN: So when you're talking about that firewall, you're specifically refelTing to -- these photographs would show an absence of perhaps in excess of ten feet across the \vall. Page 74 16'11Al November 20. 2008 ) LIEUTENANTDOLAl~: That's correct. IVIR. LARSEN: Okay. And prior to that there vvas a single door? LIEUTENANT DOLAN: Single door. '-' MR. LARSEN: And it had the regular door jamb around it; it \vasn't just a -- it was a properly constructed wall? It vvas a regular vvall; it wasn't just a makeshift ,vall? LIEUTENANT DOLAN: It \vas a solid concrete block wall that traversed the entire length of the rOOlTI with the exception of one door entry. And at the tilne that I saw it, there \vas no door attached. It was just -- the door had been removed to allo\v ingress and egress between the two halves of the building. .MR. LARSEN: Okay. Once again, your authority is as a cOlnmander of the substation? LIEUTENANT DOLAN: Yes, sir. 1'111 the conunander of the lmmokalee substation for the entire area of which this bar is part of. MR. LARSEN: And that -- and you first becanle the cOlnlnander of that substation or you first "\\Tete stationed out there when? LIEUTENANT DOLAN: I've been in and out of there for my 27 years with the Sheriffs Office, but I've been the substation cOlnlnander for the last five years. MR. LARSEN: That would be approxilnately 2003? LIEUTENANT DOLAN: Yes. MR. LARSEN: Thank you. I have no further questions, Mr. Chainnan. CHAIRMAN LEFEBVRE: Any other questions? (No response.) LIEUTENANT DOLAN: Thank you. CHAIRMAN LEFEBVRE: Any other questions? MR. SNOW: No, sir. The County rests. CHAIRMAN LEFEBVRE: Comlnents? Iv1R. ESPINOZA: Well, just for the record, we're willing to bring it up to code. Page 75 " " lAl !!'Y', ' ".,J.. ,U ' 'November 20,2008 Cl{AIRlvLAJ~ LEFEB\ll~E: rn1 going to close the public hearing. Any discussion fro111 the Board? MR. KELLY: Make a Ination the violation exists. CHAIR1\1AN LEFEBVRE: Do I hear- a second? MR. PONTE: Second. CHAIRMAN LEFEBVRE: Pick one. All those in favor? MR. KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. LARSEN: Aye. J\1R. KRAENBRING: Aye. CHAIRMAN LEFEBVRE: Aye. MR. DEAN: Aye. MR. PONTE: Aye. MR. KELLY: Aye. CHAIRMAl~ LEFEBv'RE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. There is -- a violation has been found. And the recolnlnendation? MR. SNOW: Yes, sir. We'd like to pass some of those around. And I'd like the Board to keep in lnind the severity of the health and safety issue to the citizens of the l1nlnokalee area and the folks that may go inside this bar. This is a little unusual recolnlnendation, but I think it's appropriate at this tilne for this particular venue. And the penalty is to ensure that the Respondent understands the severity of the situation and takes care of the situation as quickly as possible without any hesitation. MR. L'ESPERANCE: Mr. Chainnan, I have a question of our attonley. Page 76 NO\emte~J 2l~ 1 CI-IAIRlvIA.N LEFEBVRE: Go ahead. IvlR. L'ESPERANCE: Jean~ is it within our purview to issue such an order to include itelTI nU111ber one as you see on this recolwnendation? MS . RAWSON: As long as there's a health and safety issue you have the right to cease the use of occupancy until the permits are obtained. MR. LARSEN: Mr. Chainnan, I'd like to Inake SOlTIe comments. CHAIRMAN LEFEBVRE: Absolutely. MR. LARSEN : Well, the recolluTIendation by the County is that they cease any use or occupancy on the property until all pelmits have been obtained with all inspections through a certificate of cOlnpletion issued. Any use or occupancy not associated with pennitted inspections shall result in a $1,000 a day fine. So, essentially, the Collier County Code Enforcement Board is asking us to approve their recolnlnendation, which says that they can conduct 110 operation, no business on this premises. N-ow, typically, that would be very deleterious to the owner of the property because there would be no income. They wouldn't be able to pay bills. They wouldn't be able to use their property for which they bought it, which is a fundamental right. But in this particular case, in light of the testimony by the Collier County Sheriffs Office, both the cOlnmander, as well as the Deputy Sheriff and the code enforcelnent official and the fact that the Respondent has not denied any of the allegations, nor has contested that there is a health and safety violation or nUlnerous violations occurring, I feel very strongly that they should not be allowed to operate out of this premises until everything is pennitted and inspected. So I would -- I would strongly urge the Board to approve this reconnnendation. CHAIRMAN LEFEBVRE: Okay. The recolmnendation actually hasn't been read. Do we need to read that? Page 77 -....--.... 16 J 1 A 1 Noven1ber .20, 2008 lvll'{. Sl~O\V: I can, sir. I can read that into the record, l\1R. KRAE~TBR1NG: Just before you start that, I think the first sentence of the description of violations is actually bacl<:\vards, It's not the removal of. It vvould be the restoration of. MR. SNOW: Well, that's a description of the violation, sir, was the ren10val of. MR. KRAENBRING: Okay. Thank you very nluch. Appreciate it. rv1R. SNOW: This concenlS departlnent case nUlTIber CESD 20080014639. The recomlnendation is the Code Enforcelnent Board order the Respondent to pay all operational costs incurred in the prosecution of the case in the anlount of $90.43 within 30 days of the date of the hearing. And abate all violations by: Cease any use or occupancy on property until all permits have been obtained with all inspections through certificate of cOlnpletion issued. Any use or occupancy not associated with penllitting and inspections shall result in a $1,000 a day fine. I would also like to add that the code enforcement can request the help of the Collier County Sheriffs Office in lnonitoring the property. And, number two, the Respondent Inust notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confinn abatement. CHAIRMAN LEFEBVRE: Any other questions, con1111ents? MR. KELLY: I aln not -- I'm not sure the severity has been demonstrated. I think that if this building has been operating under its CUITent capacity for three years and all that happened was a car ran into the front window and the structural engineer said no probleln with the existing load, I don't think that we have delnonstrated that it is a -- needs to cease operation tOlTIOlTOW type situation. We already have got the contractor working diligently. Let's give hinl sOlne tilne to get that done without any additional hanll. Page 78 Novls)2o, 2b(J~ A j IvfR. LARSEl~: 1\11'. Chainl1an, in response~ if I rnay. CHAIRMAN LEFEBVRE: Absolutely. :r~vfR. LA..RSEN: \Ve haven't had a structural engineer testify. That vvas basically a contractor eluployed by the owner saying \vhat the structural engineer told hiln,\vhich -- in light of the fact that they stated that the wall ,vas removed before the o\vnership by the Respondent, we had contrary testilnony by the commander of the substation. I believe it \vould require us to hear directly from the structural engineer. My concenl is basically in a flash conditions could change out there where they could have a number of people utilizing the premises and electrical or sonlething could cause a fire or cause injury. So I understand your concern that we are basically telling the owner of the property that he is not allo,ved to conduct his business. You know, I feel strongly people should be allowed to operate businesses, except under the most extrenle circUlnstances. And I think in this particular case we have the Inost extrenle circull1stances of people violating the County code rules and regulations. MR. KELLY: He was reissued a celiificate of occupancy to conduct his business. The health departlnent refused to shut it down and the fire depaliment has refused to find a violation. I just don't think we need to shut down the man's business until it's tilne. I do agree that ,ve should keep the time very short. But at the same tinle, I don't think we should cripple him. MR. L'ESPERANCE: Mr. Chairman, I have got a question about fire suppression also. The fire departlnent didn't mention anything about fire suppression inspections. MR. SNOW: I'm sorry. I could testify, if I lnay. In 2003 they applied for that and they didn't get it. Just for the record, the fire did not -- they had no C01lllTIent. It doesn't Inean they didn't find a violation, sir. That is not exactly accurate. Page 79 1 6 ,. .~f. r I'.. . 1. . :~,"~ .'1 I'" . . . .~,~~',-- ~, t'; oven10er 20, 2uu(5 l\1u--(. lZELL '{: H.iQ:ht. Thev didn1t fIno the need to shut dovvn the '--" ...J place either. IvfR. SNO'\V: \Vell, I don't believe they ever v-,rent to the place, SIr. MR. KELLY: Thanks for the clarification. CHAIRlv1AN LEFEBVRE: Any other cOlnments? I\1R. KRAENBRING: You say they applied for fire suppression or fire inspection? 11R. SNO\V: Fire suppression systeln, sir. 11R. KRAENBRlNG: And they \vere denied? MR. SNOW: No, sir. It \vas withdrawn. MR. KRAENBRING: The pennit was withdrawn by the -- MR. SNOW: Yes, sir. I don't la10\V, sir. It doesn't specify. IvlR. L'ESPERANCE: This type of facility, is that required? I\1R. SNO\V: I can't testify to that, sir. I would aSSUlne it is in a restaurant. lVIR. L'ESPERAJ"'JCE: I don't have any idea. MR. SNOW: Again, occupational licenses are issued on -- they get one zoning celiificate. And it is done yearly. They don't do zoning inspections every year. So if they got their occupancy in 2004, which they did, if they added things or subtracted things, nobody else goes on the propeliy. That is done by mail. That's not done by inspection. CHAIRMAN LEFEBVRE: Any other comments from the Board? .MR. KELLY: One Inore COlmnent. If the Board is inclined to accept the recolllinendation from the County, I ,vould like one iteln added to nUlnber one under the last sentence where it stalis, associated vvith pennitting and inspections. Can we add in there associated with construction, pennitting and inspections? They are going to need to have access to do the work. MR. LARSEN: Mr. Chainnan, if there is no other conl1nents, I Page 80 16/IIAl - ... I \ \\iould like to ITiake a nlotion, CHAIRl\;iAJ\! LEFEB\lEE: Go ahead, l'v1R, LARSEN: In regard to the reC0111nlendation by the Collier Count) Code Enforcenlent Board in case nUDlber CESD 20080014639, I \vould suggest that \ve accept the reC0l11l11endation of the Collier County Code Enforcenlent Board with the applicable changes to paragraph one, \vhich \vould include the \^lord \!construction" prior to the \vord Hpernlittingl!. So it would read: Associated \vith construction, penl1itting and inspections shall result in a $1,000 a day fine. Additionally, that we add that the Collier County Code Enforcelnent Board \vill \vork in conjunction \vith the Collier County Sheriffs Office to insist in 111onitoring the prenlises pending the pennitting and inspection and all other parts ofthe recommendation be approved. CHAIRMAN LEFEBVRE: Do I hear a second? IvIR. L'ESPERANCE: I \vill second that. CHAIRMAN LEFEBVRE: __All those in favor? MR. KAUFMAN: Aye. MR. L'ESPERANCE: Aye. :MR. LARSEN: Aye. CHAIRMAN LEFEBVRE: Aye. l\1R. DEAN: Aye. MR. PONTE: Aye. CHAIRMAN LEFEBVRE: Any nays? :MR. KRAENBRING: Nay. MR. KELLY: Nay. CHAIRMAN LEFEBVRE: Do you understand vvhat we just did? MR. ESPINOZA: So he has to shut down until he gets everything up to code? CHAIMIAN LEFEB\TRE: That is absolutely correct. Paue 81 b .. ~ -,Jl>j'lc1 A 1 1\/1I,z, SNO\V~ Ibantc you~ doard, CH~AJR1\'{AN LEFEB\lHJ:.~ \Vould you like to take a little break? \Ve'll COll1e back at 25 of (i\ reGess \vas held fro111 11 :22 a.Ill. until 11:37 a.In;) MS. 'Xl ALDRON: Can I ask to make one amendlnent? CHluRMAN LEFEB\TRE: Let Ine call the ll1eeting back to order. Call the Ineeting of the Code Enforcenlent Board back to order. 1\15, \,,1 ALDRON: En1pire Developn1ent is \vorking vv'ith County staff 011 a stipulation agreelnent and have a fevv' things that need to be finalized. So if \ve could go ahead and go through the in1position of fines and put thell1 at the very end of the agenda. MR. LARSEN: So lTIOve. MR. KELLY: Before we do that, they are nUlnber one. MS. W ALD RON: They are okay vv'ith the ilnposition of fines. Vie are talking about the first hearing that they are not ready for yet. CHAIRMAN LEFEBVRE: The Respondent is sitting -- MR. LARSEN: Make a 1110tion to anlend the agenda. MR. SLA VIeR: We already can1e to an agreelTIent, unless sOlnething happened in the last 30 seconds. MS. FLAGG: They are ready no,\!. MS. WALDRON: They have reached a stipulation agreelnent. CHAIRMAN LEFEBVRE: \Vhat we are going to do is hear the stipulated agreement and then we will hear from the public at that point. (Speakers were duly swonl.) MR. BALDWIN: For the record, Investigator Patrick Baldwin ,vith the Collier County Code Enforcenlent. The Board of County Commissioners, Collier County, Florida has reached a stipulation agreement with Empire Developers Group, LLC. This is in reference to departnlent case nU111ber CESD 20080014496. Page 82 '- \c;\llr/t1\ 1 ";-'t"1e sLi,p'11'n--;O'1", wI'eel!' e'll,,~("'r,n ,;,("' {~,il(" 1- .,; L ~ldLl t Q"",. -, ~l 1.'- l eQ,U~ C..l..J .l.Ul LU - '-" undersigned, Willian, Slavich, on behalf of himself or as a representative for Respondent and enters into this stipulation and agreement with Collier County as to the resolutions ofthe notice of violation inreference case number CESD 20080014496 dated the 20th day of November 2008. In consideration of the disposition and resolution ofthe matters outlined in said notices of violation for which a hearing is cUlTently scheduled for; to promote efficiency in the administration ofthe code enforcement process; and to obtain a quick and expeditious resolution ofthe matters outlined therein the parties hereto agree to as follows: One, the violations noted in the referenced notice of violation are accurate and I stipulate to their existence. The violations are that of sections ofthe Florida Building Code 2004 Edition, Chapter One Permits, Section 22 tlu-ough 26, subsection 105.5.5 and 04-41, the Collier County land development code, as amended, Section 4.06.04.A.l.a.vii[a-d] and are described as disturbed land in Vita TU5cana have not been hydro"seeded and are now creating dust. Adequate dust control measures shall be employed by the Respondent to prevent complaints arising from unhealthy, unsafe or damaging conditions. Failure to utilize adequate dust control procedures shall be sufficient cause to order cessation ofthe work causing such dust and to decline an inspection -- and to decline inspection requests. Therefore, it is agreed between both parties that the Respondent shall, one, pay all operational costs in the amount of$86.71 incurred in the prosecution of this case. Two, abate all violations by, "A", hydro-seeding disturbed land in folio number 00185880006, grade house pads to a four to one slope and level all stockpiled material within four days ofthis hearing, November 26th, or a fine of $10 per acre, per day will be assessed until the violation is abated or a plans and plat permit is issued. If a plans and plat permit is issued and construction work is not ffles no\V,. the Page 83 l,i91~)i1s A ctal'"l"CQ1 h\! l1e~('e1rflu- C:::>"l' '~! CT ~)\jr'\j-i~ D "'l-n -,;' i 'lO-rf;iCl,S ~,~::::;",rol u ,\..' '__\, JJ ,..j ",' .J 1 JI.,~ _' Uo J.'-\,,,,JJ:--'U ,-U ~ L"b~ . \ , l,' ~C_I.;"U aU disturbed land withill 14 days. Januarv 1 Stk 2009. or a fine of $10 ,.) ~ ..." .! J per day, per acre win be assessed until hydro-seeding is fmished. "B", grade house pads to a four to one slope and level a1\ stockpiled material in folio 00186000005 within four days of this hearing or a fine of $10 per acre, per day will be assessed until the violation is abated or a plans and plat pernlit is issued. "C", if the Respondent fails to abate the violations, the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order. liD" ~ the Respondent ll1Ust notify the Code Enforcenlent Investigator when the violation is abated in order to conduct a final inspection to confi1111 abatellJent. And this vvas signed by Willianl Slavich. CHAIRJV1AN LEFEBVRE: Ours isn!t signed. MR. BALDWIN: r believe Ms. Waldron has the original signed copy. CHAIRMAN LEFEBVRE: Very good. Questions? MR. LARSEN: I have a question. Reference has been made to the use of the assistance of the Collier County Sheriffs Office to enforce the provisions of this order. How do you anticipate their use Inight be utilized? MR. BALDWIN: To let us on the property in case there is a disturbance or people don't \vant to let us on the property. MR. LARSEN : You don't have the authority to access the premises without the property owners' permission? MR. BALDWIN: We do. But if we -- all of a sudden we had trucks __ hydro-seeding trucks coming onto the property, I don't think __ they might not feel comfortable ifthe owner is telling them not to come on the property, unless the Sheriffs Department is available or on site. Page 84 . ""1-i.6~11:' , :':~J:1 t\{R. LAIZSE1~: 1 guess I nave. a ouesr],on or '\lS" R2\VSOn, 8n '-' L we authorize the Collier Count\' Code Enforcement to utilize the " . ,/ Collier COUllL'/ Sheriffs Office? ,.I MS. RAWSON: Yes. \Ve have been doing that a lot lately. Because if the County has to abate the violation because the Respondent did not, the County is precluded from getting on private land, unless they have the authority that comes from the Sheriffs Department. So, yes, you can do it, 1VIR. LARSEN: Okay. Thank you. CHAIRMAN LEFEBVRE: Any other questions from the Board? (No response.) CHAIRMAN LEFEBVRE: Now, would this be the proper time to have the public C0111e up and speak before v.;e -- MS. RA\VSON: Probably. CHAIRJ\1AN LEFEBVRE: Very good. IviS. vV' ALDRON: Mr.1v1ayberry. (Speaker was duly s\YOn1.) MR. MAYBERRY: Thank you very much. My name is Gene Mayberry. I'm a resident at Gold Cypress and you can probably detect a considerable level of frustration. This Vita Tuscana project abuts aIde Cypress. And this project has more marrows than any project I have ever witnessed. There was an early work authorization, as you know, that was authorized in June of '07 and it expired in October of '07. And there has been substantial work completed on -- or done on that site without permit, which has caused a lot of dust, erosion, eyesore and a lot of irritants to the cOlnmunity of Olde Cypress. We have had promise after promise to have this site leveled and hydro-seeded. The first promise came in February ofthis year from Mr. Slavich to Commissioner Helming and Mr. Ochs and to the community ofOlde Cypress that ifhe did not have his permits by Page 85 l6)!"A 1 F'ebruarv -chat the site \vouJd graded and hvdro~seedeci, J .~ w In I\!1arch the excuse \vas \ve did not have rains. In June -~ you k110\V~ it's just one ll1ar after another t113X, The point that I vvould 111ake -- the first point. I only have tvvo points; The first point is this is another prolnise. The 1110st recent pro111ise was to -- I believe you folks about four or five \veeks ago, as \veU as to the conlnlissioners~ that this site was going to be graded and hydro-seeded by today's date. There has been no \vork done. The second point I \vould ll1ake is relative to getting a pen11it and starting \lVork. And as agreen1ent \lVith State, it is to start vlork. I don't see work continuing on this site very long Iroll1 the point that there is over a ll1illioll dollars vlorth of liens against this property. There is back taxes against this propeliy. As soon as \lVork starts on this project, it \vill be stopped by creditors or the people that are seeking their n1oney. And then, as I understand, we vvould have another year and a half for hinl or ElTIpire Builders to rectify the situation. Gentlelnen, enough is enough. \Ve, as citizens of this very proud town, have had it. And we say enforce the code. The code has been violated for over a year. Thank you for your consideration. CHAIRMAN LEFEBVRE: Any questions of the Board? MR. LARSEN: I have a question of Ms. Waldron. Ms. Waldron, vve previously issued an order on the 2nd day of October 2008 in regard to this matter? MS. WALDRON: There are two separate cases. There are two separate folios. 1v1R. LARSEN: All right. So the prior order pertained to a separate lot, a separate parcel of property? MS. WALDRON: Yes. MR. LARSEN: It had nothing to do with the parcel of property that vv'e're here on today, \vhich is a separate aITIount of acreage; is that Page 86 .p '- , ..iA.... ,lAI~ -J, ...__, J \j C, f- \ (~r:_~ C~_~ correct'! l'AS, \V PxLDRON: Con'eeL J\1R. MA '{BERRY: I guess I don1t understand that \l\1hat \vas the order on the 2nd of October? MS. \VALDR01"-J: This property consists ofnvo parcels. And \vith those t\vo parcels you have to have nvo separate cases because of the individual parcels. And only one parcel \vas brought forth to you at the last hearing. 1\1R. MA \TBERR Y: But that is the parcel that "we are talking about? MR. LARSEN: It appears not, sir. And that's \vhy I raised it. Because you had Inentioned that about prior Board activity. And this SeelTIS to be a separate piece of property that we are discussing here today. MS. VV ALDRON: And if I can clarify. The piece or parcel, I believe, froln the last hearing that you are talking about will be up for an iInp0sition of fines hearing today. J\1R. MAYBERRY: Okay. For clarification, I believe there is approxilTIately 80 acres in total to be developed under the nan1e of Vita Tuscana. There's cUITently a parcel of about 40 acres that is -- has been cleared, except for what is under conservation. . I think the property that \ve're talking about, and correct nle, Mr. Slavich, that has been cleared is roughly about 29 acres. And that's the saIne property that should have been up for discussion on the 2nd of October. .MR. SLA VIeR: If I can speak. The first one that \ve went to, which the imposition of fines will be today, was for one -- it's divided into two parcels. The first one -- we had a case on the first parcel. That's \vhat vve started Vv'ith froln the begilu1ing. There vvas a little bit of a Inisunderstanding from the beginning. We had -- no\v vve have both parcels. Today \ve are only speaking about the second parcel. It's is roughly about 26 acres. The other Page 87 16/ 4'll' " ~ Cl \' \ n !ixr .. (I parcel is roughly a"uout 18 acres, CI-IAIRlvlPLN LEFEB \lRE: In the other stipulation you stated in the first -- in !\A\\ it \vas 28 point s0111ething acres and the -- J\1R. L~ARSEN: Six. CI-IAlRMAN LEFEB\lRE: And then the other one \vas 18 acres. l'vfR. SLA VIeR: Correct .. - . CHAIRMAN LEFEBVRE: NOV\l, the one that is 18 acres is up for ilnposition of fines. The folio nU111ber is the sanle as "B It. So I aln a little confused here ,vhy 'we have an in1position of fines and '\ve also have this pari of the order. I see the san1e folio nUll1bers. MS. FLAGG: Men1bers of the Board, the Board of County C0111111issioners heard this case, \Vhen you heard the first parcel nUlnber and the NOV in the order that was issued on that first parcel, \vhich is up for ilnposition of fines today, is -- that one did not include leveling the stockpiles and grading to a four to one slope, which is a illation that vvas passed by the Board of County COlnn1issioners for both parcels. Therefore, in the stipulation agreelnent it includes that first parcel that you heard the leveling and the grading, but it does not include the hydro-seeding because the hydro-seeding part for the first NOV is under impQsition of fines today. Iv1R. LARSEN: I think this gentlell1an's concern is about the dust control; is that COITect? :rvfR. MAYBERRY: It's about the 28 acres. MR. LARSEN: But your concern is that there is a great deal of dust -- MR. MAYBERRY: It's not only the dust, sir, but the value of our property is also being dilninished because the first thing that you see \vhen you drive into the COllli11unity on the right-hand side -- there is mounds of dirt. And the first question is: What is that? And that dust and dirt blo,vs over the propeliies in Olde Cypress. CHAIRMAN LEFEBVRE: In the stipulated agreement it doesn't Page 88 "1,'? f. 1 A 1 ()', ''''1'''-' hi~":' '; (;' ': i! ~,; ~ \ \...11~,,,,> __, ._1" _, stipulate the acreageo /~t lea-st I don't see i in's stipulated agreen1ent~ so ~..~ MR. SLA VIeI-I: I think 'we referred to it as cleared area.- · A CHAIRMAN LEFEB\7RE: But I would like to -- \ve are basing it -- the $10 per acre, per day, but \ve donft have an acreage anl0unt. So I \vant to be very clear that if\ve are in1posing fines it1s going to be based on an acreage. I 'v ant that acreage in this stipulated agreelnent. MR. SLA VICH: \11 e'll agree to the cleared acreage on the fine '--' '--' alllount. Is that \vhat you1re asking? You \vant a nUlnber on the exact cleared acreage? CHAIRMAN LEFEBVRE: \^lell, the original stipulated agreelnent, ifrn1 not 111istaken, said 28.6 acres -- and COITect 111e ifI'ln vi/rong -- and then 18 acres for the other parcel. The folio nUll1ber 001886000005. Is that con"ect? MR. LARSEN: \\1 ell, the stipulation earlier today indicated in paragraph 2- B that -- grade house pads to a four to one slope and all stockpiled Inaterial in the folio up to 18 acres vv'ithin four days. So I assume that's what the Chainnan is refelTing to? CHAIRl\1AN LEFEBVRE: That's correct. Iv1R. BALDWIN: Chain11an, if\ve could alleviate the confusion here with "B". That has already been done by the developer. That part of the violation has been abated, if we can alleviate SOlne confusion there \vith folio nU111bers and everything. CHAIRMAN LEFEBVRE: Do we have any other paliies that -- MS. WALDRON: Diane Ebert. (Speaker was duly S\VOD1.) MS. EBERT: For the record, Diane Ebeli. Mr. Slavich has been brought to you in August and his case vvas continued because he said he was going in front of the Bee trying to get reduction in the transpoliation COA fees that he oV\Tes, which are 409~OOO. He ,vas going to try and get that cut in half. Page 89 , A.~., _ .~ 0 11 ~I:\_, 1 1" 1'-., '\' ,C', -..' h F'l< . I ) / U ( I (J . '\\..J ,_'-J-.J.., L '-.- ......._ \..." --.,.. J 0 So you gave hint another 30 days, fie said he \vould be back in Septen1ber. I-{e ne',ler \vent in front of the Bee in Septe111ber. October he canle back. l-Ie said he \vould get the \vork done. If you look at the -- your folder, you \vill see he keeps proll1ising. He has prolnised this County, he-has ,prolnised the Comn1issioners, he has proll1ised everyone \vhat he \vould do. This is 18 lllonths. \Alhen he got his E\V A, it's good for 120 days at the 1110St. At that point the E\V A should have been voided. And it should have been hydro-seeded. And as of no\v, Decen1ber 6th, it should be replanted Vvith 64 trees per acre. The residents of OIde Cypress have really put up \vith a lot. He keeps telIing you \vhat he is going to do and yet he still does not -- froIn his original thing \vith the Bee, when they approved his PPL, he has not even caDle across vvith that. He does not have the bond nloney. He does not have the lnaney for transportation. We do not -- the County does not have their easement in case they need to build a bridge in front of this. Ninety percent of the executive sunlmary has not even been filled. He has prolnised us. We had J De Sclunitt, we had several people out frOlTI the County starting in January pronlising that he \vould do these things or he is telling thelTI, let's put it that vyray, what he ,vill do. He has probably prolnised ten tilnes to bring in the lnoney. He stood in front of the BCC last lTIonth and said, \vell, I didn't get the loan because Lehnlan Brothers went under. Lelunan Brothers just went under last Inonth, not last year when you started this project 18 lTIonths ago. He has -- as far as this, we brought this against hinl. He has so nlany Ii ellS on his property. He has never paid the people that even brought in the dirt. And he's telling you -- he can't even pay $9,500 for people who 1110ved the dirt for the benn. And he is going to tell you he is going to bring in this Inoney. He has prolllised it so Inany tillles. And, I'nl sony, \ve have seeD Pa2.e 90 ..... lAl r-,\i('1~11h,"'" JU" )(\U' (! "----J , ..... ... U'-....L~. ~ .........\.) 0 nothlngo l'Lno this case \vas brought in lviay and here \ve are aln10st in Decelnber. jll"l1d they let hinl go on for a long ti1ne 'without hydro-seeding because it \vas a drought last year. They kept saying as soon as the rainy season. Rainy season has C0111e and gone and here \ve are ,again \vith no rainy season. It is just pure frustration. And he has back taxes. And this County should allov-l nothing until your fees are paid. \Ve pay our taxes. He should have to pay all his things that he o\ves this County. He should get nothing until everything is paid and he has I1let his cOlnlnitn1ents to this County. Thank you. CHAlR1v1AN LEFEB\1RE: Thank you. Discussion? MR. KELLY: Make a illotion that vve accept the stipulated agreelnent. CHAIR1v1AN LEFEBVRE: Any other discussion? (t~o response.) CHAIR1v1AN LEFEBVRE: '^Ie have a Inotion. D'o I hear a second? I\1R. KELLY: \Ve lnight have SaIne discussion. MR. PONTE: I'In thinking about this. MR. DEAN: I ,,,ill second. I\1R. PONTE: I'In not ready to -- CHAIRMAN LEFEBVRE: We have a Inotion on the table. :N1R. DEAN: I will second the motion. N ow you can open it up for discussion. CHAIRMAN LEFEBVRE: Discussion? MR. PONTE: 1'nl hesitant to vote for the ilnposition or the going along with the stipulation agreelnent, but I don't know what the alternative is. I'In very concerned about the testinlony ,ve just heard. 1\1R. L'ESPERANCE: George, I think \vhat the stipulation outlines is if \ve don't see action by the Respondent, then \ve are going Page 91 16J 1Al o c:rni)er ~U" 2UCiS to get action by the Counl~;l enforced by "t:l1e Sheriff's Departrnent AJn I co rrect? 1\1R, B1L\LD \"\TIN : Yes, sir. CI-IAIRMAN LEFEBVRE: VI ell, \vhat \ve could do is possibly -- it vvould take care of SOIne of the apprehension of the residents is shorten the Decenlber 31 st tilne franle. We are giving hiIn four days MR. PONTE: Yeah. The four days is like one of those prolnises you can't keep. I can't do anything in four days. I donft kno\v \vhy it's so short. MR. LARSEN: \Vell, I ll1ean, the stipulation says hydro-seeding disturbed land in the folio, right, grade house pads to a four to one slope and level all stockpiled 111aterial vvithin four days of this hearing, Novell1ber 26th? MR. PONTE: That is over 28.6 acres that you're talking about. You're going to do it in four days? I\1R. KELLY: They don't plan on doing it. I think they're getting their pennit. MR. LARSEN: Or a fine -- and I see the testilllony that we had earlier from the gentlelnan who testitled as to the protocol for the permits. Or a fine of$10 per acre. Now, the number of acres at issue is 18 acres? CHAIRMAN LEFEBVRE: 28.6. And 18 acres on the other folio nUlnber. MR. LARSEN: Well, let's take the 28.6. That's going to result in, you know, $280 per day or $2,800 per week. Well-- CHAIRMAN LEFEBVRE: That's for ten days. MR. LARSEN: And then basically we'll be assessing until the violation is abated or a plans and plat pennit is issued, okay? So say he -- the Respondent gets the plans and permit plat pennit. If it is issued, well, then he can proceed as long as construction \vork is stalied by Decenlber 31 st. Page 92 i lA 1 j , 1 . " _., / ~... /, ..-, l~,O ,--:':L1L)\~' h\~.i. ",j~J If the construction \vork is Got started by D eCclnber 3 L st~ the Respondent agrees to hydro-seed all disturbed areas \vithin 14 days. That \vould be by JanUal)l 15th5 COITect? Iv1R. BALD,\VIN: Yes, sir. l\1R. LARSEN: Or a fine of $1 0 per day \vill accrue. No\v, is that $10 a day in addition to the other $10 a day; ho\v does that \vork? IvfR. BALDVIIN: That fine $10 a day \vill be froln that day of-- \vell, it \yould be fronl January 2nd until the County abates the violation. 1v1R. LARSEN: All right. Per acre ""Till accrue until hydro-seeding is finished? J'vfR. BALD\VIN: Yeah. MR. LARSEN: All right. So are you saying the outside date before the County \vill take action vviH be January 15th? MR. BALDWIN: Yes, sir. MR. LARSEN: All right. So one way or another, the problelTI has to be resolved by January 15th or the County vvill step in? MR. BALDWIN: Yes. MR. PONTE: What is the cOlnpletion date? J\1R. LARSEN: How long '\Till it take to hydro-seed in your estin1ation? - MR. BALDWIN: rIll not an engineer, sir. That question could probably be better directed tovvards Mr. Slavich over there. MR. SLA VICH: Four or five days. NIR. LARSEN: Four or five days? CHAIRMAN LEFEBVRE: The issue I have here is the work is started. I Inean, ,vhat does work started Inean? MR. PONTE: What is the completion? CHAI~\1AN LEFEBVRE: f-Ie could dig one hole and say, "I stalied to \york," and then stop. MR. LARSEN: Well, let's look at it. It says if a plans and plat penTIit is issued and construction vvork is not started by Decenlber Page 93 1 6 Ii r.'~ 1 ,,1. -,~ 'v /"1 c-::]Y.",~:~,~< '(I /'1:\'.. ~~ '......" j 1. '_' \:.... 1 _..., \._' _.._' '_) --' t_ 31st So It'S a va1id OInt \Vhat is the County's interpretation oI'\vhat -- you kno\v~ the COlnlnencelllent of construction v,lork 111eans? IvlR. KRAE~TBRING: \VeIl, I think \vhen you look at itenl ItD", he has to notify the County \vhen it is cOlllpleted. That's goingtn probably be the tin1eline. You know, I have sYlnpathy for the neighbors. And all we really can do is issue the order or agree \vith the stipulation. And if the gentlelnan and C0111pany are not able to financially 111eet their obligation, ~well, then \vetIl be hearing this again and \ve'Il be inlposing fines, But I don't think: \ve have any authority outside of this. lv1R. PONTE: I think there should be a completion date here. They should agree to a c0111pletion date. It is just open ended. It all says stali. It never says conlpleted by. MR. LARSEN: And I think that's \vhat the lady \vas testifYing about. Basically they could n1ake a nOlninal effoli and it could go on for, you knov~, an extended period of tin1e without any oversight or additional County action if they -- I guess, if they basically did SOITIe CHAlRMAN LEFEBVRE: I have a question. For a pennit that he's going to be pulling for site work, ho\v long is that permit valid for? MR. BALDWIN: That's a good question. The plats and plans penl1it Inay be -- Stan Chrzano\vski is in the back. He could answer that question a little nlore clear. It's going to depend on how -- the different inspections and tiInely fashion that they are -- CHAIRMAN LEFEBVRE: We need to have hinl S\VOnl in. (Speaker \vas duly swonl.) MR. CHRZ~~OWSKI: \Ve are in the process of extending that because of the econOll1Y. \'Ve had a time span, I think, of 18 Inonths froln the tinle of construction beginning to the end. But \ve're extending that by another year because V\7e have so n1any projects that Page 94 16 L if A 1 L ',0', J OV~1J!)el U, (J8 are in this saIne situation, r 'Chink that one rnight have been approved on the last go-round. CfLLUfu\1AN LEFEB\!RE: Vlhat rnl afraid of is that this does go to permitting, gets penl1itted, and work starts and stops and he nO\\1 has 18 1110nths or now 28 1110nths or whatever the case 111ay be, 30 - months, to finish the project under the pelmit. And they are going to have to suffer through another two and a half years vvhen they have already -- 1v1R. PONTE: Already gone a year and a half. CHAIRl\1AN LEFEBVRE: Already a year and a half. So I think if there's something in this order, it should be -- s0111eho\v if V\Te can vvord it or not. Pill not sure if \ve can. If \vork COl1unences and then stops for a period he will have to -- I don't know if we can do that. MR. KRAENBRING: Jean-- :MR. PONTE: Mr. Chainnan, ,vhy can't ,ve just put in a cOlnpletiol1 date to be cOl11pleted by? CHAIRMAN LEFEBVRE: Well, because he is going to be filing an SDP. rvrR. PONTE: Yeah. But he is ,villing to do this in four days. Just give hilTI 30 days to conlplete it. :MR. KRAE1\TBRING: I have a question of Jean. Do we have the authority to supersede this 180 day figure? MS. RAWSON: No. I don't think so. The only thing I think you could do is put some kind of a word instead of is not started, like substantial -- CHAIRMAN LEFEBVRE: COlnpletion. MR. KRAENBRlNG: Progress. 1\1S. RAWSON: SOlnething like that. MR. LARSEN: Right. But that is subject to interpretation. MR. PONTE: Substantial is rather -- MS. RA \YSON: It is, but it's better than is not stalied. Page 95 161 1Al MI (j \ e J'~} l=', t-: , (j08 IVIT-z. SLi\ VTCl-I: Is your conceni tile hydro~seeding being c01l1pleted, sir? Your concern is -- Iv1R_. PONTE: 1v1y concern is that there isn't a c0111pletion date here, . I\1R. SL.A. \lICI-{: A cOlnpletion date for the hydro-seeding or for the infi:astructure? I\1R. PONTE: To correct the problen1. 11R. SLA VICH: '\Vel!, the probleln, as it stands today, vvithout a permit is hydro-seeding. r ,viE be 1110re than happy to put a completion date in there. Just so that you kIl0'V, \ve have already signed over our cash bond to the County to -- in the event we didn't hydro-seed, then the 1110ney vvas available for thenl to hydro-seed. So if you \vant to put a c0I11pletion date for the hydro-seeding, I don't -- other than \"lithin the next four days, I don't have any issue with that. I don't believe that you can put a cOll1pletion date of Iny infrastructure \"lork. IvIR. PONTE: l.Jo. MR. SLA VICH: But conlpleting of the hydro-seed -- if you even want to put in there conlpleted by Decen1ber 31 st, I have no issue with that, instead of January 15th. If you want to shorten that tilne fralne up, I'll be more than happy to sign that. Or, as I had lnentioned earlier, ,verve already signed our cash bond over -- a release of that -- to the County in the event that ,ve don't do the hydro-seeding or the grading of the four to one. I'm not going to really get in and argue about what I'vIrs. Ebeli or Mr. Mayberry said because there is a lot of differences of opinions and factual law. But if you want to have that by the end of the year, I have 110 probleln '''lith that. And have that as a completion date. In the event vve don't do it, then the County call do it \vith our bond Inoney. MR. PONTE: County's position on that; Decelnber 31 st? MR. BALDWIN:, I have no objections to that, sir. MR. LARSEN: I'ln a little unclear about \vhat everybody is Page 96 ,l,Q1J ; "\ l,-_, '~ \.." 1 ~ J 1Al ') ("Q .' " _,' ,Ju ~ OT~e~< 110- 1-0 '~D~ \..oj /1 b ~ , lYfR, SLA VIC1-L The hydro-seeding, 11R, LA1~SE}\I: I understand, But it states in the agreel11ent evidently '''larked out before, if a plans and plat pennit is issued and construction \vork is not started by Decen1ber 31st, the Respondent- agrees to hydro-seed all disturbed areas. I interpret that to rnean if you got a plans and plat pelTIlit you would not hydro-seed. :MR. SLA \TIeR: That's correct. MR. LARSEN: No"\v, you're agreeing to hydro-seed? :t\1R. SLA VIeR: I'n1 agreeing to hydro-seed if we have not started construction. MR. LARSEN: But the question is basically vvhat constitutes stalting construction. l\,1R. SL.c\. VICH: Well, you file a notice of -- ne\v notice of COlllil1encenlent on the job is typically \vhat you -- \vhat is defined as starting construction. And 'when there is five or six bulldozers and backhoes on the job, I believe that Tvvould be starting construction~ We can take a picture. And they are going to be out there for the duration, along \vith two houses under construction. MR. LARSEN: Right. I think the concern of the residents is that basically even if you started construction, there's still going to be a certain alnount of dust floating over their neighborhood. And if a certain part of the parcel is not going to be used for cOllstruction during that period of tinle, is it possible to hydro-seed the part that you were not going to be actively constructing? :MR. SLA VI CH: We will -- \ve \vill be nlore than happy to abide by the LDC, which is if your lots are up to grade, which is road height, which you're not going to tenninate until your road is in, which is the last thing to go in because you have to put evelything under that first. That if our lots are graded to road height or ready to start construction on and we haven't stalied construction on, then \ve \vould hydro-seed thenl because that \vould be a Ineasure of dust control, yes. Page 97 16/ 1At 0\ ,'lnber :2: (: (I )0 \Iv' e had discussIon .~. lorw: discussion about if\ve hvdro-seed G ~ w acres or six acres or ten acres of the site v\lhiIe yodre \varking on the other. \,,1 e have a ShOli -- \ve have a schedule that \vefre doing infrastructure in and to build houses. - \Ve have signed proposals and perfonnance bonds put in place by the subcontractors to do that "^lork. So there are going to be a trenlendous arTIount of people on that site \vorking. And, you kno\v, as I said, \ve vvi11 go by the LDC. And that's really vJhat dictates to developers on vvhat you're supposed to do. MR. LARSEN: Thank you, sir. I\1R. BALD WIN: Once the pen11it is issued there are other dust control ll1easures that can take place, as \vell. Once the active pennit . . IS gOIng. I\1R. LARSEN: Thank you. Thank you, Mr. Chain11an. MR. KELLY: Let 111e reaffinn the 1110tion alld also add that I don't think it's our place on the Board to change the LDC. Tfhe gets the penTIit, that's kind of\vhat -- you're stuck ,vith the LDC. MR. LARSEN: I agree with that. I think that basically the LDC is what he has to conlply with. I'm not sure we can put in a separate interpretation of what \ve believe to be start construction or actively engaged in the construction process. And that's Iny concern. Is that basically if we started to do that, we would be in conflict with other ordinances, rules and regulations. CHAIRMAN LEFEBVRE: All right. Can you add in the 28.6 acres for the first folio and 18 acres for the second? MR. KELLY: Yeah, if I can. But I \vould like to clarifY. Is it 28.6 acres that have been cleared or is there a portion of that that is part of the preserve? . MR. SLA VIeR: The total acreage is around 43 acres, which \vould be the two. And roughly -- I don't have that exact alnount of acreage. ButI \vould say it's probably close to 26 or 27 acres that Paae 98 b J.Ot'tAl - 0\ crnu,x < '.) ''': nave been cleared, l\ snlall portion of'that is t\\70 lakes, If you took the entire cleared area) 1 \vouldn1t ~~. 11n1 not going ,"- I \^/ouldn't argue over one or tvvo acres. So you can call it 28 acres if you \vant to. That's fine, IvfR. KELLY: Pair enough. MR. PONTE: Please clarifY for 111e ',vhere Vie are. \fV e have the Respondent \vho has agreed to a c0111pIetion date of Decel11ber 31 st. The County has agreed to a cOlnpletion date ofDecen1ber 31st. Read the anlendnlent -- the proposed an1endlllent. ATe you going to have a cOlnpletiol1 date? I\1R. KRAENBRING: I think, George, that \ve should, 111Y opinion, leave it \vhere it is. If you \vant to add the acreage in -- 11R. PONTE: The acreage is not Iny cone-en1. 1\;fy concenl is c0I11pletion of the project. MR. KELLY: \^le can't change the land developlnent code. MR. PONTE: Does the land developlnent code prohibit putting a date in there? MR. KELLY: \Ve certainly couldn't -- MR. PONTE: It's not 111Y intention to change the land developlTIent code. MR. KELLY: I think the way it is ,vorded -- the way it is- worded, once you start construction, they alIo"'T you to have banAen land because you're rUlming over it, destroying it and earth \\larking. If you were to hydro-seed that area and then dig it up and have to hydro-seed again and then dig it up, it doesn't ll1ake sense for builders. So the land development code gives then1 a \vindo,v of tilne in order to do what they need to do without hydro-seeding. MR. PONTE: And what is that window? 1v1R. I<ELL Y: Well, unfoltunately, sir, I think it is quite lengthy. But it is beyond the jurisdiction of our Board. We can't go and change the code itself. MR. LARSEN: I don't think Mr. Slavich is agreeing to that. Paae 99 b o3e6Jr I~) lvn~, SLi\VICJ-I: A_greein to? l\1R. PONTE: Decenlber 31 st conlpletion date, IvfR. SLA \lICH: \Ve need to clarif)r that r agree to DeCell1ber 31 st cOll1pletion date of the hydro-seed in the event \ve do not pick up our pennit, yes, sir. I\1R. PONTE: That's what 1'n1 talking about MR. SLA \TICH: I \vill be 1110re than happy to agree to that on the record. \Ve can change the agreeInent if you \vant, sign that. Iv1R. PONTE: That1s precisely vvhat I \vas talking about. MR. SLA VICH: Okay. 1V1R. KELLY: In that case, let lne attelnpt to an1end the original Illation. I\1S. FLAGG: Novenlber 26th is \vhen he has to hydro-seed by. MR.KELL Y: Correct. Unless he gets the plans and plat penl1it. MR. SLA VICH: Unless ,ve haven't stalied construction. I think the way it said that if Vie have not started cOllstruction by the 31 st, then 'v",'e 'Vvould have hydro-seeding finished by the 15th. If you're trying to shorten that tilTIe period up, then what you might ,vant to say is if we haven't started construction by Decelllber 15th, then we'll have the hydro-seeding by Decelnber 31st. If that ,yorks for you, that is fine with Ine. MR. LARSEN: Right. That's paragraph 2-A where it states: Respondent agrees to hydro-seed all disturbed areas within 14 days, January 15th, 2009. And what you're saying, sir, is you \vill agree to shorten that froln January 15th do\vn to Decenlber 31st? MR. SLA VIeR: Correct. MR. LARSEN: All right. And that's the only thing you're agreeing vv'ith; you're not agreeing to do anything \vith regard to tilne constraints on the construction or once you get your plans and plat pemlit in regard to hydro-seeding the undisturbed areas or areas other than what you're actively constructing? Page 100 161'Al !I , "'~ ~" "fJ'" C' , \' c.: 1 i1 ~)~~. 1. ,.,_~ ~ _:: l \) (:) l\lR, SLi\VTCH: \Vha~~ \ve agreed to is tbat \i/e \vould abide tY'l ~ d \vhatever is in the LDC and our pern1it. J\1:S. '\VALDR01\T: Can I just clarify s0I11ething? I see \vhere you guys are going. But if you look at 2-A in here, the November 26th date~ that is for ifhe does not pick the pennit up. Just so \ve are all on the saIne page \vith this. COITect? MR. SLA \TICH: Right. The concenl \vas ifvve picked our pennit up and didn't do anything for six Inonths~ eight 111011ths, if it gets extended to 18 111onths, whatever. I have 110 interest in paying a trelnendous alllount of interest on Inaney that's sitting do\vn there not doing anything. So we are going to put people to work. And if you want to shorten the tilne fran1e froll1 the 15th do\vn to hydro-seed it, if \ve don't stali construction, to Decenlber 31 st, I'll be 1110re than happy to agree to that. MR. KELLY: Okay. A111end nlY initial 1110tion. In part 2-A the , second date would be changed frOlTI Dece111ber 31 st to Decelnber 15th. And the Respondent agrees to hydro-seed all disturbed areas within 14 days of that date, bringing it to Decen1ber 31 st. And also we're adding the alllount of acreage to 28.6 acres. CHAIRMAN LEFEBVRE: And 18 on the other one. MR. KELLY: And 18 on part "B", which has already been abated anyway. Larry, do you want to -- MR. DEAN: I will second that motion. CHAIRMAN LEFEBVRE: AnYlnore discussion? (No response.) CHAIRMAN LEFEBVRE: Do I hear-- f\1R. KRAENBRING: Take a vote. CHAIRMAN LEFEBVRE: All in favor? MR. KAUFI\1AN: Aye. MR. L'ESPERANCE: Ave. 0' P ag e 1 0 1 '- .!LO , 1 A 1 c)\ ,-ltJcr _=~( ~ ; Cit~ Ivil~. Li\I{SEN: Aye. l\1l~, 1~RAE~TB1U1\fG: Aye. CI-IAIRlv1AN LEFEB\1RE: Aye, I\1R. DEAN: Aye. I\1R, PONTE: Aye. I\1R. KELLY: Aye. CflAlRMAN LEFEBVRE: Any nays? (No response.) CHAIR1v1AN LEFEB,\7RE: Motion passes. MR. SLA VICH: Thank you. CHAIRMAN LEFEBVRE: The next one would be a Illation for inlposition of fines and liens. Bee versus El11pire Developers Group, LLC. CEB nU111ber -- MR. LARSEN: J\1r. Slavich. CHAIRMAN LEFEBVRE: We have ilTIposition of fines. MR. SLA VICH: Okay. CHAIR.lV'1AJ'.J LEFEBVP~: CEB nUlTIber CESD 20080007919. Do you know if Ms. Ebert would like to speak on this, too? MS. \V ALDRON: 1'111 assulning not. She is not here, but-- CHAIRMAN LEFEBVRE: I'm not sure if she knevv -- ------ --- MS. EBERT: On which parcel? MS. WALDRON: We'll let you know. CHAIRMAN LEFEBVRE: This is on the case that we heard last 1l1onth? MS. WALDRON: Yes. CHAIRMAN LEFEBVRE: Last l11onth. I just want to illake sure that we cover our bases. MS. WALDRON: There are some con~ections 1'111 going to read through.' CHAIRMAN LEFEBVRE: Go ahead. MS. WALDRON: We have had to change SOlne alnounts. In reference to code enforcelnent case nUlnber CESD 20080007919. For Page 102 " 18Jb,JrA'~b the record~ Lhe Respondent is presenL On Septelnber 25th, 2008 the Code Enforcen1ent Board issued a finding of fact conclusion of la\v and order. And that order is '-' ~ attached for your revieV\T. The R,espondent '.vas found in violation and the Respondent has not cOlnpJied \vith the Board's orders fro111 Septenlber 25th, 2008. At this tinle the County is recolmnending iInposing a lien for the fine at a rate of $180 per day for the period bet\:veen October 10th, 2008 to Novelnber 3rd, 2008 for a total of 24 days in the alllount of $4,408.43. Operational costs of $88.43 have not been paid. CHAIR11AN LEFEB\IRE: Okay. It hasn't been c0111plied with. I didnft notice that before. If it had been COll1plied vvith5 then we could have a discussion. But do I hear a n10tion? MR. LARSEN: Well, Mr. Chainnan, I see that they have an affidavit of noncompliance by code enforcenlent official Patrick Baldwin. Is there any other testilTIOny, evidence by the County in regard to the noncolnpliance? CHAIRMAN LEFEBVRE: He needs to be SW0111 in again. -,-,---- ---- (Speaker was duly sworn.)-----m MR. BALD'VIN: Yes. As of yesterday, the property still \vas not in COll1pliance with the Board's order at the last ll1eeting. MR. LARSEN: What is -- v{hat do you mean by not in cOlnpliance? What was ordered and ,vhat was not-- MR. BALDWIN: All the disturbed land with that folio nUlnber -- I believe the folio nUlnber is 00186000005. All the disturbed land in that folio nUlnber should have been hvdro-seeded. It has not been. "I MR. LARSEN: All right. When did they have to -- \:vhat date did they have until to hydro-seed? I al11 looking at the order. It says October 9th, 2008. Is that Page 103 '- 16 a,l 'A 1 (y\ bel 20. ~lCC8 curreCL :' l\1R, BALD\VIN: Yes. ~r 1\1R. LAl=(SEN: And you personally 0 bserved no hydro-seeding? i\1R. BALDV\1IN: Yes. CHAIRMAN LEFEB'IRE:, Any other questions? MR. KELLY: I ll1ake a 111otion to ilnpose the fines. Iv1R. PONTE: Second. MR. LARSEN: Mr. Slavich, do you have anythillg to say? MR. SLA VICH: Other than I apologize to the Board. I vvasn't at that meeting. And there v.,ras j list a l11isunderstanding. \'1 e thought that it \vas starting hydro-seed because ",ve had stalied by that date. Obviously it was con1pleting hydro-seed. 'XI e are in violation and vve'Il pay the fine. CHAIR1\1AN LEFEBVRE: I have a 111otion and a second. MR. PONTE: I second. CHAIRMAN LEFEBVRE: All those in favor? l",1R.KA UF:rv1Ai~ :Ay e. MR. L'ESPERANCE: Aye. :MR. LARSEN: Aye. lv1R. KRAENBRING: Aye. ..CHAIRMANLEFEBVRE: Aye..-..,u MR. DEAN: Aye. MR. PONTE: Aye. MR. KELLY: Aye. MR. SLA VICH: Thank you. MR. KELLY: And ifT could add to the County that they push forward on having the County hydro-seed in response to this tiIne. In this particular case, it doesn't Inatter \vhat the condition of the penllits are on the propeliy. He signed an order stating that he ~would hydro-seed regardless of what he was doing to the property. I\1R. LARSEN: 1'111 sorry~ Mr. Kelly. Your cOlmnent \vas that basically the County is to hydro-seed now? Page 104 l~,L:, ~ ~,(~ l, '. ...._.. ~_ ; .~ ,_/.... L _,-. \j', ...~". .~) \.../ L staff to decide \vhat to do \vith it. CI-LAIRMAN LEFEB\ll~E: \Velll nlO'lle on to the next one, Bee versus Patriot Square, LLC., eEB nUlnber 2007060341. (Speakers were duly S\VOll1.) MS, WALDRON: For the record, the Respondent is present. On August 22nd, 2008 the Code Enforcen1ent Board issued a finding of fact, conclusion of law and order. And that order is attached for your revie\v. The Respondent ,vas found in violation and the Respondent has complied V\Tith the Board's order frolll August 22nd, 2008. At this tilne the County is recolllil1ending ilnposing a lien for the fine at a rate of $150 per day for the period bet\veen August 30th, 2008 to Septelnber 8th, 2008 for order itenl nUlnber one for a total of ten days in the an10unt of $1,500. And $150 per day for the period between August 30th, 2008 to Septenlber 8th, 2008 for order helll nUlnber two for a total often days in the aIl10unt of$1,500, totaling $3,000. Operational costs of $89. 7S have been paid. MS. PATTERSON: For the record, Sherry Patterson, Collier County Code Enforcement. We are here today because of the two issues, the nVQ itelns on the order. The Respondent ,vas ordered by the Board to obtain an after-the-fact denlo permit and all required inspections, including the CO, on or before August 29th, 2008. The after-the-fact den10 permit was applied for on August 28th, issued on Septelnber 3rd, and then finally COed on Septelnber 8th. So they were out of con1pliance there with that first iten1. Now, \vhat I would like to say with respect to that is that \ve have Crystal Hoslnan here. She is with Sign Craft. And we have Justin Claussen here. He is a representative of Patriot Square. Delmis Claussen, registered agent's, nephew actually. And Crystal caIne down on their behalf here to the County to try to obtain that after-the- fact den10 permit. She ,vent up to the front l'v1E,lZELL\,T; Tllat\s \vhat In\7 SU9JlestJOn \VO - ~ ~~ i ri he rid c: I 'Il~' t'n 1 \.____ LI -.. ...1....., 1".-....... ~ J .V- Page 105 16 ,I 1 A 1 () \'c-:l]~.~! C~J~ -) r) o -".... T ... T - . 1 .", ..... ,'" I < ~ deSK up tnere &EG aSr(Cc1 to get tHe pennlt 1rOJTJ one ot tne pen111ttlng techs, And there \vas sonle 111iscolll111unication bet\veen the Countv ." and Sign Craft. They just didnft understand \vhether they -- ho\v' to issue the pennit or s0111ething. There\vas just sonle Dlisconmlunication, but I ' ' "Nasn't there. I \vasnft present at that time. So the saIne day I \vent there -- over to the front counter and spoke to the people up front and said I don't understand vvhy vve \vouldn't be issuing an after-the-fact denlo penl1lt. Because what they \vere doing \vas taking do\vn a huge structure, a huge sign, that had electrical on it. It had sharp edges and all kinds of stuff on there. So after that, I \vent and spoke to Alalnar Finnegan. She is actually the pennitting supervisor for building and revie'\v. And I asked her to send me an e-nlail stating that they do, in fact, need to get that after-the- fact delllo pen11it or a delllo pen11it at any tinle to take down a structure. And I actually have an e-Inail here fro111 her continuing that. The second itelll of the order was to reUlove the renlaining portion of the sign and all the debris associated with that sign. Again, on or before August 29th, 2008. I Inade a -- I confiruled the reuloval of all of that actually on Septell1ber 8th, 2008. m ___uu So the Respondent vvas ordered by the Board also to contact myself, the investigator, to let rne know that evelything had been taken care of on the site so that I could go out there and confirm everything had been done. They did not do that. So that was the reason why I went by 011 ll1Y regularly scheduled routine visit 011 the 8th actually. That's pretty much all I have. CflAJ~\1AN LEFEBVRE: Any questions, com111ents? :MR. L'ESPERANCE: The Respondents are fully in cOlnpliance at this date? MS. PATTERSON: Yes. Yes, they are. Page] 06 '- 16J lAJ ~\. errl CJ e,~~__ ~ ~.~, c; S; lvn~. I(ELL: ell. 1 0 uld sav since tbe olJerational cosCsh3.ve ] v' been paid and it looks like they did diligently try to \\101'k on getJing the pennit and \\11th the representative here to testify to the fact -- I say v/e abate the fine of $3,000. MR. DE.A,N: I \viII- second tbat Inetion. CHAIRl\1AN LEFEBVRE: All those in favor? :MR. KAUFIv1AN: Aye. 1v1R. LfESPERANCE: Aye. 1vfR. LARSEN: Aye. MR. KRAENBRlNG: Aye. CHAIRMAN LEFEBVRE: Aye. MR. DEAN: Aye. MR. PONTE: Aye. MR. KELLY: Aye. CiriUIUvljJ~ LEFEBVkE: Any nays'! (No response.) CHAIRl\1iu'J LEFEBVRE: rv1otion passes. You're all set. MS. PATTERSON: Thank you. CHAIRMAN LEFEBVRE: Next case is BCC versus Heribelio and Antonio Perez, eEB nUlnber CESD 200800002222.-_~ Is the Respondent present? (No response.) IvfS. \V ALDRON: The Respondent is not present. (Speaker was duly S\Y0111.) MS. WALDRON: On April 24th, 2008 the Code Enforcement Board issued a finding of fact, conclusion of law and order. And that order is attached for your revievv. The Respondent \vas found in violation and the Respondent has not cOlnplied \vith the Board's orders fi-omApriI 24th, 2008. At this tilne the County is recolrunended -- recollunending iluposing a lien for the fine at a rate of $200 per day for the period Page 107 I 6 I 1 ~A ) Cf'.,: e' n'"! C \~~ ..__. (J S 1Je~(');O""1" An C-Pe"- ~):; "r' ') 0/; Q '- ,'_\\\.-\._..Ll--.1-.......'.b.___..........~,---'~_~~......- JU I... T r, 1 '! U 51h~ 2008 for a total of 75 days in the al110unt 01"$15,363 18, Operational costs of$363.18 have not been paid. 1\1R. ~4..UFlvl~~: Mr. Chain11an. CHAIRMAN LEFEBVRE: Go ahead. MR. KAUFMAN: I think there's an error at the bottOlTI of the page \vhere it says August 23rd. I think that should say April, unless rIll wrong. 1\1S. V\T ALDRON: No. The hearing \vas in April. CI-rAIRMAN LEFEB\lRE: And they had 120 days, correct? MS. WALDRON: Yeah. Their cOlnpliance date was August ?2nd. CHAIRMAN LEFEBVRE: They had 120 days to C0111e into compliance. So it was from that date. MR. KAUFMAN: Okay. I\1R. KRAEJ\TBRlNG: I 111ake a nlotion that \ve i111pOSe the fine or lien. CHAIRMAN LEFEBVRE: Do I hear a second? IV1R. DEAN: Second the 1110tion. CHAIRMAN LEFEBVRE: All those in favor? MR. KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. LARSEN: Aye. 11R. KRAENBRING: Aye. CHAIRMAN LEFEBVRE: Aye. .MR. DEAN: Aye. MR. PONTE: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: I\1otion passes. Thank you. Page 108 16/1AJ \ C ]-11 L; C:l,~ C.l _..' (.~ Tlu", 1': P',,~ n --- ~_ .... .1...._ '-" ~ A_. \.,- -./ 1: ()1 C::,,~~ '11']"11", -::'CJ I le.o' Ui ''''.1': 0,11 /,~ 1, '11-:""11 en t iJ f fi1'e" ' '--. .,lL\." - '-, 1. ,_ . L.: 1 j Cl.u(~ L..l_. ,'..' . _, _< " ' ..), Bee versus rdark Brecher~ CEB nunlber 2007..06, (Speakers \vere duly S\VOlTI.) CHAIRl\1AN- LEFEB\TRE: Okay. IvfS. \'1 ALD1~ON: 1 believe -- if we vvant to let l\;fs. Brecher speak since she asked for the reduction. lvfS. BRECHER: HeIlo.I\1y nan1e is Da\vn Brecher. I have V\lritten a little note here so I \vouldn't forget anything. So excuse IllY notes here. I live at 4830 Cherryvvood Drive. And I thank you for the oppoliunity to be present today and request a release of fines associated \vith the" code violations at 111Y residence. They ,vere caused by actions previously undeliaken and adrnitted to by Iny husband, IVlark. In January of this year he vvas arrested and -- for an ulu'elated situation and is currently in NOlth Carolina a\vaiting his sentencing. 'A/lIen I becanle -- and then when I becalne a\vare of the- situation' in the 111atter, I constantly worked to resolve the requirements and to help -- and with the help of nlY atton1ey and fiiends to take care of all the requirelnents that were done on the violations on this land. - 1'111 a 1110ther of three boys, 15, 13,9, and I have found it necessary to retunl to \vork to support Iny faluily. As you can imagine, the year 2008 has been a 1110st difficult year for 111e. And the rellloval of fines involving this nlatter would be greatly appreciated. I'm aware and I'ln willing to pay today any remaining operation, investigation or permit costs. It's kind of a sunul1ary oflny story. MR. KRAENBRlNG: Thank you. CHAIRMAN LEFEBVRE: Vvhat is the anlount of the fines right novv'? MS. WALDRON: The iluposition of fines that you ordered previously was $77,800. And it did keep OCCUlTing froln that point on. \\7hat the County has to say right novv is we don't object to getting rid Page 109 "--' 161,lAl C) \ I:, }-"-l L~' c~ r .,,__ 1.J .! (,) r _ ~:: " (j:! (~ ]}f:S Cl-IAJ1:zI\'1~t\N LEFEB'VRE> Has it been abated? .t\1S, ,V ALDR01~: Yes~ it has. And 1\lfs. Brecher has "worked diligently. IvfP__. LfESPERANCE: W11at are the operational,costs?~ MS. "7 ALDRON: The operational costs have been paid. Iv1R. KRAEJ\.TBRING: You said it \vas 77,000? MS. ,V ALDRON: That \vas \vhat vvas ordered fron1 the inlposition. And there were additional fines that had accrued on top of that. 1\1R. KRPI-ENBRING: We are in compliance? MS. '\TV ALDRON: They are in cOll1p1iance. 1v1R. KRAENBRING: The County has no objection? MS. VV ALDRON: The County has no objection. And Mrs. Brecher also has another case which she is working very diligently on also. So \ve have no objection to abating the fines. I\1R. LARSEl'~: Mr. Chainnan, I \vould Inake a 1110tio11 to abate the fines. CHAIRMAN LEFEBVRE: Do I hear a second? MR. KRAENBRING: I'll second. CHAIRMAN LEFEBVRE: All those in favor? MR. KAUFMAN: Aye. lvfR. L'ESPERANCE: Aye. MR. LARSEN: Aye. MR. KRAENBRING: Aye. CHAIRMAN LEFEBVRE: Aye. MR. DEAN: Aye. MR. PONTE: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) l\1R. LARSEN: Have a nice day. Page] 10 16/1Al ()\'~e;-r-ll.)e :_: ; (~() '.' '-, '- 1\ /n~ l( p l\ L:1'-IPq r\ ~'- '~..~- '-:.,. ---.-''- '---~ '--'_~J. \ -'-.--' L ---,--_.l Q. r 1: i 1,~ L- " ~\.:.-'l..L<- CH-AIHJ\lli\N LEFEB \7 JZ1:> j~nd any reporis? Any ne\v business, first of all? Any ne\v business? 0\1'0 response.) CI-LL\IRI\1AN LEFEBVRE: And we approved the consent agenda already. Any reports, COITIlnents? MS. FLAGG: I vvould just conunent. I had infonned you all, but Ms. J en \~1 aldron is nO\\1 the lead for the enforcenlent section for both Code Enforcelnent Board and also the Office of the Special ~1agistrate. CHAIRMAN LEFEBVRE: Congratulations. (Applause.) CHAIRMAN LEFEBVRE: Our next 111eeting \lv-ill be January 22nd,2009. MR. KELLY: Are we h0111e again or-- ~1S; \VALDRON: We are back to Bee again, if you guys remelnber where that is. If you need directions, let lne la10'V. MR. DEAN: They are going to let us back in no\v. CHAIRMAN LEFEBVRE: And do I have a illotion to adjoU111? MR. DEAN: Happy holidays. MR. KRAENBRING: I will second that. MR. LARSEN: Motion to adjounl. MR. KRAENBRING: Second. CHAIRMAN LEFEBVRE: All in favor? MR. KAUFMAN: Aye. I\1R. L'ESPERANCE: Aye. MR. LARSEN: Aye. l'v1R. KRAEJ\ffiRING: Aye. CHAIRMAN LEFEBVRE: Aye. 1\1R. DEAN: Aye. MR. PONTE: Aye. Page 111 1(> I ho,JLrA,t, .. _.' , '-.' '" 1. ~,._' ~-'.. __' \.J '~ <...) ~\{F 1<T rl~' -r- T L~ __~_,!_ I ,\ , **>:":*~~ There being no further business for the good of the County, the meeting was adjoU111ed by order of the Chair at 12:35 p.rn, COLLIER COUNTY CODE ENFORCEMENT BOARD GERALD J. LEFEBVRE, Chainnan These nlinutes approved by the Board on as pre;;:f;"lltcd or as COITectcd. TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY KELLEY MARIE NADOTTI Page 112 Fiala Halas , Henning Coyle Coletta NSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida May 21, 2009 16dA21tfv May 1~ 2009 RECEIVED JUL 1 32009 Board of County CommIsaloners LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Donna Reed-Caron Karen Homiak Tor Kolflat Paul Midney Bob Murray Brad Schiffer Robert Vigliotti David J. Wolfley ALSO PRESENT: Jeffrey Klatzkow, County Attorney Joseph Schmitt, CDES Administrator Ray Bellows, Zoning Manager Misc. Correa: 0*: DGj J ~31 D9 Item~ f 0 IL()A ~ Copies to: \;n\ Page 1 :cpies to: 16 ~LA2009 1 CHAIRMAN STRAIN: Good morning, everyone. Welcome to the May 21st meeting ofthe Collier County Planning Commission. If you'll all please rise for pledge of allegiance. (Pledge of Allegiance was recited in unison.) Item #2 ROLLCALL BY SECRETARY CHAIRMAN STRAIN: Thank you. And if the secretary could take the roll call, please. COMMISSIONER VIGLIOTTI: Mr. Eastman is absent. Commissioner Kolflat? COMMISSIONER KOLFLA T: Here. COMMISSIONER VIGLIOTTI: Commissioner Schiffer? COMMISSIONER SCHIFFER: I'm here, COMMISSIONER VIGLIOTTI: Commissioner Midney? COMMISSIONER MIDNEY: Here. COMMISSIONER VIGLIOTTI: Commissioner Caron? COMMISSIONER CARON: Here. COMMISSIONER VIGLIOTTI: Chairman Strain? CHAIRMAN STRAIN: Here. COMMISSIONER VIGLIOTTI: Commissioner Vigliotti is present. Commissioner Murray? COMMISSIONER MURRAY: Here. COMMISSIONER VIGLIOTTI: Commissioner Wolfley? COMMISSIONER WOLFLEY: Yes. COMMISSIONER VIGLIOTTI: And Commissioner Homiak? COMMISSIONER HOMIAK: Here. CHAIRMAN STRAIN: Okay. thank you. Item # 3 ADDENDA TO THE AGENDA CHAIRMAN STRAIN: The addenda to the agenda. We have two items on today's agenda. One is the Resource Recovery Park. And the other would be the boat dock discussion that we'll have after that. We also have our consent~nda items which we'll be going to injust a few minutes. Now, does anybody else have any issues to add, or changes? (No response.) : . Item #4 \'1~;..1 PLANNING COMMISSION ABSENCES CHAIRMAN STRAIN: Planning Commission absences. Our next meeting is June 2nd, and that is a special meeting, and it will be held in this room at 8:30. It's a Tuesday. And it will be on the new sign Page 2 161/1tA2 May 21,2009 ordinance that we all should have received recently. It's a simplified version. We have a working document section which is a section that I would like to suggest we take a page at a time, like we normally have when we approach these kind of things. So as you're reading, if you focus on that first working document section, it might be the most useful one for hopefully our meeting. And then the other sections provide backup as to how that section got to be where it is today. But that will be on Tuesday, the 2nd. Does everybody -- does anybody know if they're not going to be here on that day? Paul and Tor. Okay, we still have a quorum then. And the meeting after that will be our regular meeting on June 4th, regular Planning Commission meeting. Does everybody intend on being here on June 4th? (Nodding heads affirmatively.) Item #5 APPROV AL OF MINUTES - APRIL 16, 2009 CHAIRMAN STRAIN: Okay. With that, we have the minutes of April 16th, 2009 for approval. Is there a recommendation to approve, or are there any changes? COMMISSIONER VIGLIOTTI: (Indicating.) CHAIRMAN STRAIN: Mr. Vigliotti made a motion to approve. COMMISSIONER SCHIFFER: (Indicating.) CHAIRMAN STRAIN: Second by Mr. Schiffer. All those in favor, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 9-0. Item #6 BCC REPORT - RECAPS - MA Y 12,2009 CHAIRMAN STRIAN: Recaps, Ray? MR. BELLOWS: Yes, the Board of County Commissioners met last week, but they had no land use items on their agenda. CHAIRMAN STRAIN: That says a lot for what's coming up in the future around here. Item #7 Page 3 -,--"'..._,,, ,,",,^,,",.-.'; "-"_~'I!Ifl' Mf' '11II "'.l:.. _""'___".""""'.......,,,._,",., May 21 Jo~! 2 Iff CHAIRMAN'S REPORT CHAIRMAN STRAIN: Okay, Chairman's report. Ray, I got a -- I had a notice I wanted you to put on the screen, if you could. That's Molly. It's a new member of my family. And I just had to do that. because my wife wanted to see her dog on -- anyway, she's a Lhasa. We just got her this weekend. She's eight weeks old. Thank you, SIr. COMMISSIONER WOLFLEY: Isn't that special. CHAIRMAN STRAIN: The other item I'd like to mention, Muni. Code. The site is cleaned up, it works great, everything is up to date. And Mr. Klatzkow, I don't know how you did it after months if not years of asking that it get done properly, but thank you very much from this commission, as well as I'm sure the public at large. Because now everybody has an accurate set of codes they can look at. So we sure appreciate what you and your staff have done. MR. KLATZKOW: I've got good people working for me. CHAIRMAN STRAIN: You sure do, sir, thank you. The dock memo. I just passed out to everyone from staff a multi-page memo on the dock issue that we're going to be discussing today. We'll definitely have a break before we discuss the dock issue, so at that time hopefully we'll have time to review it and get more familiar with what's in the package. It may be redundant to what we already have, I don't know, but we'll certainly see as time goes on. And that's the only items I have on the Chairman's report. Item #8A PETITION: SV-2009-AR-14140, RED ROOF INN CHAIRMAN STRAIN: So we'll move right into the consent agenda. First item on our consent agenda today is SV -2009-AR -14140. It's the Red Roof Inn on Davis Boulevard. Does anybody have any concerns or changes to the consent item? (No response.) CHAIRMAN STRAIN: If not, we're looking for a motion to approve. COMMISSIONER VIGLIOTTI: So moved. CHAIRMAN STRAIN: Mr. Vigliotti made the motion. Is there a second? COMMISSIONER HOMIAK: Second. CHAIRMAN STRAIN: Seconded by Commissioner Homiak. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signiry by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Aye. Page 4 1 .~ .. ,F) ~" .' 6 I .i*u~, L May 21,2009 COMMISSIONER WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (N 0 response.) CHAIRMAN STRAIN: Motion carries 9-0. Item #8B PETITION: CU-2008-AR-13679, MESSIAH LUTHERAN CHURCH CHAIRMAN STRAIN: The second consent item is Petition CU-2008-AR-13679, it's the Messiah Lutheran Church on Golden Gate Parkway. Are there any concerns or corrections to that consent item? COMMISSIONER VIGLIOTTI: Motion to approve. CHAIRMAN STRAIN: Mr. Vigliotti made a motion to approve. Is there a second? COMMISSIONER WOLFLEY: Second. CHAIRMAN STRAIN: Seconded by Commissioner Wolfley. All those in favor, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 9-0. Item #8C PETITION: PUDZ-2008-AR-12804, AVOW HOSPICE, INe. CHAIRMAN STRAIN: The third and final consent item is PUDZ-2008-AR-12804, Avow Hospice, Inc., on Whippoorwill Lane. That's another consent item. Does anybody have any comments or changes needed to that consent item? COMMISSIONER VIGLIOTTI: Motion to approve. CHAIRMAN STRAIN: Mr. Vigliotti made the motion. Seconded -- COMMISSIONER HOMIAK: Second. CHAIRMAN STRAIN: -- by Ms. Homiak. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signi -- oh, Mr. Wolfley, go ahead. Page 5 n lllll __,>'_.""'~_' ""'-"~"~'-"_"'''______-''''_~'"''__''_.~"'_. " ~"r May 21, ~oJ A 2 II .C''j COMMISSIONER WOLFLEY: I was not here for that, so I will not vote. COMMISSIONER MURRAY: As I. CHAIRMAN STRAIN: Okay. Mr. Wolfley will be abstaining and Mr. Murray will be abstaining. COMMISSIONER MIDNEY: I'll be. CHAIRMAN STRAIN: And Mr. Midney will be abstaining. Well, let's hope the rest of the six of us all agree it's okay. All those in favor of the motion, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Six approved, three abstained. Thank you. Item #9 A PETITION: CU-2008-AR-13245, COLLIER COUNTY SOLID WASTE MANAGEMENT DEP ARTMENT CHAIRMAN STRAIN: That gets us to our tIrst advertised public hearing, which is Petition CU-2008-AR-13245, Solid Waste Management Department for a resource recovery site north of the current landfill. All those wishing to testifY on behalf of this item, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: Thank you. Are there disclosures on the part of the Planning Commission? Ms. Caron? COMMISSIONER CARON: Just that I received an e-mail from a neighbor. CHAIRMAN STRAIN: Okay. Mr. Wolfley? COMMISSIONER WOLFLEY: 1 spoke with Dane Atkinson, Project Manager, regarding issues that I have. CHAIRMAN STRAIN: Ms. Homiak? COMMISSIONER HOMIAK: I received two e-mails from neighbors. CHAIRMAN STRAIN: Anybody else? (No response.) CHAIRMAN STRAIN: I've met with the applicant's representative, Mr. Mulhere, I've got e-mails from several neighbors that I think we all got. One of them I remember is Scott and Debbie Green. And I spoke to another landowner out there by the name of Russell Holloway, him and his wife, Nancy. And anything I discussed with them will be discussed today. Okay, sir, it's all yours. MR. RODRIGUEZ: Good morning, Planning Commissioners. For the record, I'm Dan Rodriguez, your Solid Waste Management Department Director. Thank you for the opportunity to bring the Resource Recovery Park PUD to you for approval. Page 6 161 t.~' 1 A L'M May 21,2009 r1, f:JI ,.,~ First of all, I'd like to introduce our team of professionals. I'm joined here today by Paul Mattausch, our Water Department Director. Dane Atkinson, he's our Project Manager for the Resource Recovery Park. Sue Zimmerman, she's our Real Estate Services Representative. And we also have Bob Mulhere. He is with R W A, Inc. He's a consultant for PBS&J. Fleet Wolfe and David Deans of PBS&J, they're our environmental consultants for the project as well. And Bill Mullands and Phil Gramatges are here as well with the Engineering Section for Public Utilities. Solid waste management department's vision is to provide best value, responsive services and compliant services to protect our environment. They preserve valuable landfill air space and plan for the development of the Resource Recovery Park that builds the needed infrastructure for the future needs of the community. The need for a sustainable integrated solid waste management strategy is critical because the county continues to grow. So does the quantity of solid waste that's generated throughout the county. As we're all aware, the Collier County landfill provides disposal capacity not only for the unincorporated areas of the greater Collier County, but also for the City of Naples, Marco Island and Everglades City. We are guided by the integrated Solid Waste Management strategy, which was unanimously adopted by the Board of County Commissioners on December 5th of2006. Our mission is based on enduring guiding principles, which include environmental and growth management compliance, air space preservation, operational excellence and best value service. These enduring guiding principles were also endorsed as a component of that integrated solid waste management strategy. Our solid waste management program is anchored at the Collier County Landfill. However, as we're all familiar, through our participation and guidance during the AUIR process and review, that asset has a finite capacity. To make this resource last as long as possible for the citizens of Collier County, we need to find ways to reduce the amount of waste we generate, to reuse the waste, recycle the weight, process it, as well as to protect our environment by reducing our consumption of natural resources. The Resource Recovery Park does that for us. As approved and directed by the board, our integrated solid waste management strategy focused on both our short-term and our long-term demands to provide effective efficient solid waste management systems for the next 50 years and beyond. Our integrated solid waste management strategy is based on four components: Source reduction, material reuse and recycling diversion, optimizing existing assets and resources, and obtaining additional facilities. We take a look at the screen here, this is a chart that shows the solid waste generated for FY 2008. As you can see from the chart, the majority of the waste that's produced in Collier County is diverted, recycled or reused. Collier County has one of the best recycling programs in the State of Florida. We've benchmarked with many counties: Sarasota, Palm Beach, Pinellas, Orange County. And as you can see from the chart, we landfill just about 40 some percent of our material. There's still much room for improvement. Through the use of single-stream recycling in the county, which many of you participate in, we've seen a tremendous increase of the recycled material that's reused and recycled. Of the residents in the unincorporated area that have the yellow top containers, 55 percent of the material, the waste that's put at curbside is recycled. Huge benefit. It saves over 45,000 tons of landfill air space. We're all familiar with this chart. This is our AUIR chart that shows the life left in our landfill. It's approximately 25 years. Every year that we do more for recycling we add on years to the life expectancy of our landfill. Page 7 Il'l'I'R_,_,~".,.,_,.,.,,~,,",..",__....."..,......,_;,....~__.._..,__.,._,.._._...~...__."'._'".~."~_.,~__,_.."'"r~~'w.".___"o.,",.".",_".._,__.~_.,..".._._____",_____~____,._ , '. dl ; "-#,f, - ;'. . " , r'" ',. .. <' May 21, 201J9j"~ C. J~ , As we reviewed with our staff and the understanding of other municipalities and their disposal capacity, in addition to the beaches in Collier County, our parks and our visitors and residents, one of the most valuable assets we have is our landfill. The garbage doesn't disappear, it needs to go somewhere. The county will always need a landfill. That's why this asset is very valuable. And the Resource Recovery Park will provide the infrastructure, the facilities where we can recycle, source separate many more materials than we currently do at our Collier County Landfill. Now that you understand the context in which the Resource Recovery Park was developed, planned for by the Board of County Commissioners, I'd like to introduce Bob Mulhere with R W A to provide you the specifics of the Resource Recovery Park. MR. MULHERE: Good morning. COMMISSIONER VIGLIOTTI: Bob, before you start. let the record show Mr. Eastman is present. MR. MULHERE: This slide here, it gives you I think a pretty good depiction of the general location of the facility and the surrounding lands. Just in terms of orientation, White Lake Boulevard, 1-75, the existing landfill and the proposed Resource Recovery Park, Collier Boulevard. This slide here, which should be in your packets, provides a little more specific detail, conceptual -- conditional use conceptual site plan for the proposed Resource Recovery Park showing the preserve areas, the buffer areas and the Resource Recovery Park use areas. as well as the proposed stormwater management lakes. There are several out-parcels that you can see. The two larger out-parcels have access. The smaller one at the southern part that's completely landlocked within the Resource Recovery Park did not have access, but the county staff has been working with that landowner over the last several years, and I'm happy to report to you that as of late yesterday afternoon an agreement was reached for the county to purchase that parcel. So that will be on the board's June agenda. we hope, June 6th, I think -- June 9th. So that really eliminates I think a significant operational issue and takes that issue off the table for discussion. CHAIRMAN STRAIN: Bob, before you go too much further on that, in the context of your discussions today, would we then assume that that parcel. by the time you take it to the BCC, will be assumed to be incorporated into your operations? MR. MULHERE: Yes. If that gets to the -- if the purchase agreement is approved by the board in June, assuming we're going to have to come back on your consent agenda, just an assumption on my part, maybe we won't have to, but if we do have to -- CHAIRMAN STRAIN: Well, everybody has to come back on consent. MR. MULHERE: Okay, then it was a good assumption. Then that means we probably wouldn't get to the board until at the earliest their one July -- their single meeting in July, I don't know the date, but the middle or latter part of July, which would give us the time I think then to deal with staff in terms of incorporating that inholder into the plan. CHAIRMAN STRAIN: Okay. The reason I brought it up is if you're going through a process now MR. MULHERE: Yeah, I don't want to have to do it twice. CHAIRMAN STRAIN: That's where I'm coming from. MR. MULHERE: No, you're absolutely right. And if we need to, we can come back to this for any specific discussions. I'll move through my presentation. I think as it's already been said, the intent for the Resource Recovery Park -- and let me say at the outset that all of the uses that are proposed for this parcel are already going on at the county landfill. But I Page 8 16 J ' Ma~ 2112~i? ~ think it's critically important to state that what happens by shifting these operations to the north, this piece that the county owns, that frees up additional capacity within the landfill as we move forward. Because that space is presently being used for these functions. So as you can see on this slide, debris recovery, construction, demolition materials, biomass or horticultural debris processing, gas and leachate management, all of that's presently occurring within the existing landfill. Which, by the way, is part of the reason why the TIS only generated 10 additional trips, non-peak trips, so that was based on additional employees or potential additional employees. The conditional use application provided an assessment of the amount of parking spaces that might be used in accordance with the LDC provisions for these facilities, but those -- all of those needs are already ongoing at the landfill. So we really, we're only talking about the additional -- or additional impacts associated with potentially some more employees. And we really won't know what the exact parking relationship is until we go through the site planning process. Other functions that will occur on there: Administrative offices, tire processing, white and brown goods processing, household hazardous waste, and recycling material recover facility. These are pictures ofthose types of operational facilities. These are examples. Not exactly maybe the same way that it will be at the Collier County facility, but it gives you an idea of how that would look. Presently the tire -- the tire processing actually occurs off-site. Once they get enough tires, Waste Management comes in and takes them off-site. It's potential sometime down the road that Collier County might do that on-site. These are just again examples. Some questions came up during the EAC with respect to the household hazardous waste facility and the -- in particular as it related to the fact that there are potable -- or there are well sites located, and I don't know -- is Paul here? Yeah, okay. I don't know if we'll see if there's any questions, but I think we addressed all those questions at the EAC. I was not present at the EAC, but I think all the questions were addressed by virtue of the fact that it was recommended for approval. The requirements through the DEP for containment and other jurisdictional agencies will all be either met or exceeded. And there really is no risk. These are, as I understand it, deep wells. And I guess I'm going to -- you know, I'm certainly not the expert here, so if you have specific questions, we have the experts here to answer those, but I believe that those issues have been addressed. So why is this being undertaken? I think -- you know, without -- I don't want to be too repetitive. Obviously the board directed that this occur. But I guess principally when you think about the benefit to the citizens of Collier County, we're preserving landfill air space by moving these facilities to this other piece of property that the county owns right adjacent to the landfill. And we'll be able to divert more material from the landfill, which I think is appropriate from an ecological perspective, as well as just from having -- extending the life of the landfill. About a 39-acre wetland impact. From the environmental assessment there were no panthers, bears or red-cockaded woodpeckers observed on-site. There were two protected species identified on-site: Bald eagle, no nesting on the site, and the hand fern. In accordance with the -- this property is zoned agricultural. It falls within the North Belle Meade overlay and the rural fringe mixed use district sending designation. And Section 25, there is specifically an allowance within the Growth Management Plan for Section 25 that allows for these uses through a conditional use process. The entire section falls within the sending area, but Section 2B 1 C8A(2) states that public facilities, including solid waste and resource recovery facilities and public vehicle and equipment storage and repair Page 9 ,_.. 'ill" ;~l',,,,,,i'_"_"''''''''~- _""-'_''''"_'''''=''."",~,.,______",,,,,,._,,,,..,,,,,....,,.,,..,."~_._. ",.,._."."..,.,~"~"_,,....""_...,....,,_~......,___ " 'l ','I' 1""''1\ !.ftI!,_ 1 A, 2 "\ ..., r~j ~ \ D'''' 1''''\ May 21,2009 facilities shall be permitted as a conditional use within Section 25. That was specifically put in at the time of the adoption of the rural fringe mixed use district. And that requires that 50 percent of the site be preserved. Access will be through the landfill. This was an issue that was a significant issue I think at the public meeting. There was concern because originally there was a proposal to potentially either build a bridge or build a temporary bridge across 31 st. And I'll go through the site plan if! can, Ray. In this area right here -- CHAIRMAN STRAIN: You need the mic, Bob. MR. MULHERE: I'm sorry. Right here, originally there was a proposal to have emergency and administrative access, which really wasn't -- or access to the administrative facilities. There was a lot of concern about that. And that concern was not only the part of local residents, but also the transportation department had some concerns about that as well. So we just wanted to put clearly on the record that that is no longer part of this proposal. We will not be building a bridge for any kind of administrative access. We also. though, have to say that under an emergency situation, a declared emergency. that wouldn't preclude the federal government or some state agency from coming in and putting in a temporary bridge access to the landfill for emergency debris removal. We are not going to build a bridge or use 31 st Street for any access to the site. All access will be through the existing landfill. I think everyone -- and hopefully everyone agrees that several years ago, probably more than 10 years ago, there was a significant problem with odor associated with the landfill. And over the last 10 years Collier County has done a really excellent job of using technology to eliminate that. And that technology will continue to be used, so there will not be an odor issue associated with these uses. We'll comply with the county's noise ordinance and of course I'm sure we can talk about hours of operation that will -- so the noise won't occur in inappropriate times. The county landfill presently operates for public access from 7:00 a.m. to 5:00 p.m. Operationally it operates from 6:00 a.m. to 7:00 p.m. And we would propose the same operational hours, Monday through Saturday, the same operational hours for the Resource Recovery Park. There was another question about flooding in the area. Some neighbors raised concerns that this might have a negative impact or could have an impact in that in really significant storm events there was some flooding in certain areas. We've already had preliminary meetings with the Water Management District, and the preliminary design that you see is by recommendation of the Water Management District the location of those lakes emptying into the canal. As you probably are aware, we can't have any impact on the adjacent neighbors. We have to design this to take all of our water and hold it in a storm event and then release it in appropriate fashion into the discharge, the design discharge. So there really will be -- actually. this potentially could have an improvement, but it certainly won't make anything worse. And if we need more specific information, questions answered as we move forward, again we'll have the civil engineer answer those questions. The EAC voted 7- I in favor of the project. The one dissention was -- and this is as it was related to me, and I did watch the tape of the EAC -- was related to concerns about the wells. Again, we put testimony, and we have Paul Mattausch here if you need some specific questions answered as it relates to that. But there is no issue with cross-contamination, as long as it's designed in accordance with the EP standards, which of course it will be, This was just a revised concept plan that actually shows buffer areas and has a little bit of detail there adjacent to 31 st Street and the canal. So in summary, the Resource Recovery Park is consistent with the BCC policy and their strategic Page 10 16 I 1 1/1 2 ' May 21,~06!l direction, specifically as it relates to this. And it will enable the county to better manage solid waste resource recovery, maximizing landfill capacity, not only today but as emerging technology becomes available, it will provide the county the opportunity to use that emerging technology, again to maximize __ to defer the maximum amount of materials away from the landfill and hopefully -- you know, things like, you know, there's new markets opening all the time for recycled materials. And until you have a market, it's kind of hard to do something with it. But when you find a market, you need to take advantage of that. I think that concludes my presentation. We do have a number of experts. And I know that there will be some public testimony as well, and we'd like an opportunity to respond to that. CHAIRMAN STRAIN: Certainly. Okay, we'll start with questions from the Planning Commission. Mr. Wolfley, then Mr. Midney. COMMISSIONER WOLFLEY: It may take one of the staff, but who owns the material and the landfill and the recycled goods? MR. RODRIGUEZ: For the record, Dan Rodriguez, your Solid Waste Director. The county owns the material that's put into the landfill. And it's a shared responsibility with Waste Management as far as the liabilities, the material in the landfill. COMMISSIONER WOLFLEY: Okay. Some years ago we met at a public information meeting at the Golden Gate Community Center, may have been four or five years ago. You were discussing putting __ instead ofbuming off the methane produced out of the landfill it was going to be converted and used to generate electricity, put into the grid, et cetera, et cetera. At the time you said FPL was the holdup. What's the holdup? MR. RODRIGUEZ: Actually, Commissioner, in December 16th of2008 the Board of County Commissioners approved a contract with Waste Management to designlbuild a gas energy facility. It's currently in permitting with the FDEP, the air permit. We expect that to come back from FDEP within the next two weeks. And Waste Management has about a 90 percent complete site development plan. As soon as we get that permit, we'll move forward with -- to CDES, community development, to get our permit to construct that facility. COMMISSIONER WOLFLEY: Okay, that's very good. So currently you're still burning off the -- MR. RODRIGUEZ: That's correct. COMMISSIONER WOLFLEY: -- gasses. Okay. I had some discussions with Mr. Atkinson and, you know, I'm comfortable with the fact that anything that is going to be put on the ground, let's say, is either going to be on concrete and then even an overflow, not bladder, but what's the name for that? A containment, a containment -- MR. RODRIGUEZ: Secondary containment. COMMISSIONER WOLFLEY: Secondary con -- thank you very much. And then I asked, well, right now there are -- it looked like even by the pictures you just sort of cut up the tires. And it looked like an excellent source for insects, rodents, et cetera, et cetera. Why aren't -- why wouldn't that just be immediately crushed into small pieces that can be sold and is of value? Just regarding tires. It is an asset that's used in roads, used in other means. MR. RODRIGUEZ: Absolutely. It depends on what's available in the market. As I said earlier, one of the requirements that the board directs us to do is to have a best value service. Currently the best value is to contract with Waste Management. They actually use the tires for fuel at an energy plant. They actually burn them for fuel. If there's an opportunity to work with a private vendor that specializes in the processing of rubber to create material that can be better utilized or reused in some other material, absolutely. COMMISSIONER WOLFLEY: Like roads or whatever. Page 11 I'li'''_,--,_~",__<___~_____._",,,,,__".,_,_____ 16 ~a;~ 1\~9 ~ MR. RODRIGUEZ: Correct. COMMISSIONER WOLFLEY: And the household hazardous waste facility, will that be available on an any-day basis? In other words, I can bring in old batteries and paint and whatever it may be that I may have, I could bring that in any day? MR. RODRIGUEZ: Absolutely. Similar to the recycling centers that we have throughout Collier County. We have four in total. You can bring your hazardous waste, your batteries, your fluorescent bulbs, your paint. Any ofthe materials that would be hazardous to the environment, absolutely. COMMISSIONER WOLFLEY: And that's at -- you charge by weight, or how is that done? MR. RODRIGUEZ: For the residents of Collier County that pay the assessment, their annual garbage bill, that's a free service. They bring that material. COMMISSIONER WOLFLEY: Great, thanks. Can you explain what white goods are? MR. RODRIGUEZ: Sure. Those are appliances. COMMISSIONER WOLFLEY: Like a stove or a refrigerator. MR. RODRIGUEZ: Stove, refrigerators, washer and dryers. COMMISSIONER WOLFLEY: What do you do with those? MR. RODRIGUEZ: They're actually recycled. As we're all aware, they have a lot of metals in them. The n for the refrigerators the freon's extracted and recycled. and then the metal is sent off to be recycled as well. COMMISSIONER WOLFLEY: Okay. And the C&D and brovv11 goods facility, can you describe what that is? MR. RODRIGUEZ: Sure. There's several operating in the county already and at the landfill, a very large one. What it is, construction and demolition material. Your concrete, your woods, your metals. And what Waste Management does for the county is they source separate that. They pull those materials out of the large dumpsters, the large roll-offs, and it's recycled. COMMISSIONER WOLFLEY: As? MR. RODRIGUEZ: The metals are sent off to a metal recycling facility, the wood is recycled, as is the other material. Whatever is left that cannot be recycled, for instance, drywall, it's actually sent out of the county to a landfill that's owned by Waste Management. COMMISSIONER WOLFLEY: Or back to China. Sorry. That's all I have for now, Chair. Thank you very much. CHAIRMAN STRAIN: Okay. Mr. Midney, then Ms. Caron. COMMISSIONER MIDNEY: Why do they call it air space preservation instead ofland area preservation? MR. MULHERE: Because the landfill actually, you know, gets higher and higher and higher and gets into air space as materials are -- I don't know, is that the highest point in Collier County? COMMISSIONER MIDNEY: I see that you have a zero odor emissions policy. Why is it that when I drive to the Planning Commission meetings on 1-75, very often I can smell the facility? MR. RODRIGUEZ: Again, Dan Rodriguez, your Solid Waste Director. Commissioner, I've been your director for three years and I've not gotten a complaint about the odor at the landfill that was justifiable. So if there is an odor, we're not made aware of it. Because we have very strict guidelines, not only for a contractor of Waste Management, but as we all know nine years ago the Board of County Commissioners with our county manager put some serious mandates. The landfill will not stink. COMMISSIONER MIDNEY: I must be the only one who can smell it. Page 12 16 J 1 A 2 May 21,2009 How is the water retention area protected from runoff from the landfill? MR. MULHERE: Well, there's no connection. The landfill is south. The water won't go south. The water will be contained in those lakes and then it will enter in through a discharge into the canal system. COMMISSIONER MIDNEY: Well, the water from the landfill that falls on it as rain, where does that water go? MR. MULHERE: They have their own -- MR. RODRIGUEZ: As you know, the landfill is a very large facility. It actually has leachate collection. Leachate is the water material that comes out of the landfill that infiltrates through rain. There's a very large and comprehensive sophisticated leachate collection system, pumps that pull that water and send that to the wastewater facility. There's a separation from the liner to normal runoff that they never come in contact. And there's redundant systems. They're inspected daily, several times. And by the FDEP permit, to run and operate the landfill we have to clearly show that we're maintaining that operation. COMMISSIONER MIDNEY: Where does the leachate go? MR. RODRIGUEZ: Goes to the south wastewater plant for processing. COMMISSIONER MIDNEY: And that doesn't interfere at all with the operation of the reuse of that water because of the chemicals that might be in the leachate? MR. RODRIGUEZ: No, it meets all FDEP requirements for reuse. COMMISSIONER MIDNEY: Thank you. CHAIRMAN STRAIN: Okay, Ms. Caron? COMMISSIONER CARON : Yeah, Bob, are there two separate plans here? Look at the end of your presentation. Like there was a different plan on -- than what's up here now. MR. MULHERE: It's slightly different. Actually, I don't think it's very different. I just think there's just some additional information on that plan. I'll show you, we switched a few things. For example, I want to say that the original plan, the household hazardous waste has been shifted away from this area and moved further away. COMMISSIONER CARON: From the well site. MR. MULHERE: Yeah. So, I mean -- and then also it shows a little more detail on this buffer area. I'm sorry, I'm pointing and you can't see that, so I apologize. And I don't have a newer one that I can put on the visualizer, but it is on your screen. And if you look at the green line and the circle that shows the detail, that was added. That wasn't on the original plan. But the big difference is the shifting ofthe household hazardous waste facility. Oh, thank you. Yeah, you know what I should have figured that out. Yeah, right here. And that was in response to concerns that were raised at the neighborhood information meeting, as well as the EAC. But it's generally the same plan. I mean -- COMMISSIONER CARON: Okay. That's a good thing. Although -- what is the reason for the layout as it is? I mean, is there a method to the madness of this layout? MR. MULHERE: I'm going to let Dan answer that, because I really wasn't part of the planning of the process as part of this. MR. RODRIGUEZ: Sure. Due to the activities at the landfill, as we know, currently your landfill operates with about 300 to 600 visitors a day. And what we want is the operational facility to be contiguous to the landfill. That's why a majority of the operations are at the southern border. But more importantly, it is our policy to be good neighbors. We wanted the buffer that impacted the majority of the neighbors to the north to be present. Page 13 -- ~._"--,~,---;-_._--'"'... Joj.__.......""......-,"~, /1 n ~ 1~ I ,,', \ 411' " l- ay 21 ,'-20.l009~- .. , . 3" COMMISSIONER CARON: Right. MR. MULHERE: And also, if! -- I'm sorry, I just wanted to add one thing. There was I know -- I know there was some discussion. and particularly administrative facilities were put where they were put as an additional buffer between the residential to the west and the more intense uses further to the east. So there was that level of discussion. COMMISSIONER CARON: All right. Well. yes. that's where I want to get down to the lower part, not the preserve area. I understand that. But let's talk about that. It's nice that you put administration down here to buffer homes to your east __ I'm sorry. to your west. But are the hazardous waste and the recycle of -- the dirty manufacturing is that the next least intense operation? So hazardous waste -- MR. RODRIGUEZ: Yes. it's all enclosed. The hazardous waste facilities is all enclosed. And I can show you a picture if you'd like of the Marco Island hazardous waste facility. And that shows a -- that's the Marco Island hazardous waste collection facility. And as you can see, it's an enclosed structure. Aesthetically it looks great. But functionally it protects not only the environment but people from the materials that we collect. And let me remind the public that the household hazardous waste is anything you'd find in your garage, whether it's oils, paints, batteries, things like that. Most importantly, those materials are collected and on a weekly basis they're transported out. So there's never large quantities ofthat material stored on-site. COMMISSIONER CARON: Good. That's what I was trying to get to -- MR. RODRIGUEZ: Absolutely. COMMISSIONER CARON: -- that you were moving the more intense-- MR. RODRIGUEZ: Absolutely. COMMISSIONER CARON: -- further away from the neighborhood. MR. RODRIGUEZ: Closer to the landfill to the southern. centrally located, absolutely. COMMISSIONER CARON: Thank you. CHAIRMAN STRAfN: Mr. Murray, then Mr. Schiffer. COMMISSIONER MURRAY: Thank you. Violent storm waste materials, I know that after the last hurricane we had piles of that material. Is this intended to take this type of material, that part of the process here? MR. RODRIGUEZ: Absolutely. I believe there's 72 acres set aside for debris recovery efforts during a hurricane, absolutely. COMMISSIONER MURRAY: And would there -- do you contemplate that this would be then the only site, or would you -- MR. RODRIGUEZ: No. COMMISSIONER MURRAY: u expect ancillary sites? MR. RODRIGUEZ: No, due to the size of Collier County, we need multiple sites, as we witnessed in Hurricane Wilma. COMMISSIONER MURRAY: And your projections are that such violent storm waste materials can be recycled rapidly after a storm event? MR. RODRIGUEZ: Absolutely. The direction from the Board of County Commissioners and our county manager during emergency events is to of course be safe and to get everything back to normal operating function as soon as possible. So those materials through our contractor would be processed and shipped out of county. COMMISSIONER MURRAY: Another question having to do with population, which of course is a basis for everything as we project forward. As we all know, the population has basically gone stagnant, Page 14 ! May 21,20091 A 2 so to speak, in terms of progression. Maybe it's even regressed, I don't know. But have you taken that into your calculation? Is that part of it? Because as a capital project, when you move forward it's going to be expensIve. MR. RODRIGUEZ: Sure. That's a very good question. In could just take you back to the chart here that shows the actual materials collected in Collier County. Remember, there's still 600,000 tons of material that's collected throughout Collier County. And even with the population decrease, we've seen a slight reduction of the landfill of about 25, 30 percent, depending on the commodity. Mainly in construction. However, we still have 348,000 tons that are still processed, recycled and diverted. We still have to go after another 240,000 tons that's still being buried in the county. And there's tremendous work that we can do as it relates to the businesses in Collier County that are still putting cardboard, aluminum cans, plastics into our landfill. COMMISSIONER MURRAY: I know that Pembroke Pines is a recycling center that Waste Management operates. I've visited it and so I'm familiar with it. And I know that we have contract for materials that are shipped there. Will this change impact those contracts and potentially provide us with income above and beyond what we currently derive, if we derive any? MR. RODRIGUEZ: It has a great potential for that. As I mentioned earlier, the county operates its solid waste functions as a best value. We currently pay Waste Management through our collection to collect the recyclables and ship them to the other coast. If we partner with Waste Management or some other contractor that specializes in waste services to build a recycling facility like at Pembroke Pines, that would reduce the cost to the county of not having that transportation cost to the other coast. So the potential is great there. In could just add, Collier County has one of the lowest assessments in the State of Florida. We pay roughly about $171 a year for a very high level, twice-a-week collection services. So any improvements infrastructure that we can build here locally and find markets locally, whether it's here, in Sarasota, to take those products instead of shipping them to the other coast has a tremendous benefit to us. And Waste Management has a strong interest in building a facility here, potentially. COMMISSIONER MURRAY: How potentially -- close is potentially? Because I'm thinking what we have right now, as far as I know, we have two items that are shipped to Pembroke Pines, which are paper, cardboard and plastic recyclable, which goes to China, interestingly enough. What other items would they be considering? MR. RODRIGUEZ: Well, we also have metals that are collected in our recycling program as well. And it's -- you have different plastics, but it's the volume of material that we collect. COMMISSIONER MURRAY: Right. MR. RODRIGUEZ: The opportunity to collect more volume and process it here locally would save us money, instead of shipping more volume across to the east coast. COMMISSIONER MURRAY: Okay, I understand hopefully would save us some money. That of course is not information you have at your fingertips, correct? MR. RODRIGUEZ: That's correct. COMMISSIONER MURRAY: Thank you. That would be my questions, thank you. CHAIRMAN STRAIN: Mr. Schiffer, then Ms. Caron. COMMISSIONER SCHIFFER: And Bob, maybe you can answer this. The property to the south, all of it is owned by Collier County, everything touching the southern boundary of this? MR. MULHERE: No. No, if you look at the site plan -- well, let me get the site plan. I'll use the curser. This area here. Okay. And over here, that's zoned A ago and it's vacant. Page 15 \---__.."....._____",. "IIlI"~ 1 _,.'P._;,__"'____..._""_,.~_,"'"...,~,.".,,~.,~, "'~".,...,._'_"'''m...___, ~.',"I I:i H .,., , / I ''''''"," May 21,2009 COMMISSIONER SCHIFFER: And is it sending area also? MR. MULHERE: Yes -- no, that's not sending. That's -- is it industrial? MS. ZIMMERMAN: It's agricultural with -- CHAIRMAN STRAIN: Bob, you know, we can't have people from the audience commenting. You have to -- MR. MULHERE: I apologize. CHAIRMAN STRAIN: -- have everybody to the microphone. MR. MULHERE: I'll answer that question. That's got an industrial designation in the Future Land Use Map. It's ago zoned. COMMISSIONER SCHIFFER: The island properties, the 10 acres, what are they being used for now and what do you know about the future use of those acreages? MS. ZIMMERMAN: Sue Zimmerman, Collier County Real Property Management. The property -- MR. MULHERE: Use the curser. MS. ZIMMERMAN: This parcel is agriculturally zoned vacant. We believe that they have some animals, goats or something on there. And then this is actually three different property o\Vners. I believe it's a five-acre parcel here and two and a half acre parcels. They're vacant agricultural. COMMISSIONER SCHIFFER: Could they be developed with homes? MR. MULHERE: Yes, they could be. Each one of those parcels could be developed with single-family homes. And they have access. COMMISSIONER SCHIFFER: Bob, in the design ofthis, why didn't you run some of the preserve down the western boundary? I know that lakes look like they're buffers, but lakes take sound across them pretty slick, so n MR. MULHERE: Well, there is a buffer. You're not -- there's not a preserve, but there is a required buffer in there. COMMISSIONER SCHIFFER: How many feet? MR. MULHERE: Thirty, I believe. COMMISSIONER SCHIFFER: Yeah, that's -- MR. MULHERE: Twenty. COMMISSIONER SCHIFFER: In other words, why didn't you think of maybe running the preserve down the western boundary? Maybe not obviously -- MR. MULHERE: Well, I assume that -- you know, there's a limited amount of property that we can use here. And there's a pretty significant roadway, there's a buffer, there's the lakes, then there's the setback on the other side. There's a pretty significant distance there. And we have a -- actually a slide that shows that. Yeah, and also there's wells there. So they need access to those wells. There's actually -- that's a -- there's a roadway that accesses those wells. COMMISSIONER SCHIFFER: Well. we have a well in the middle of the preserve, so we could get there. Okay, so in other words, by your design you -- because it would be nice to protect that way. Road access to this, is there only one access drive to the whole waste area? Obviously it splits up into two -- MR. MULHERE: Yes, yes. COMMISSIONER SCHIFFER: But everybody would come in that -- MR. MULHERE: Yes. COMMISSIONER SCHIFFER: -- one road along the canal there? Page 16 16 11kj 2 May 21,2009 MR. MULHERE: Yes -- no, not along the canal. YOlrCarlSee--- COMMISSIONER SCHIFFER: Down around 75. Doesn't everything come in along the-- MR. MULHERE: Here and here. COMMISSIONER SCHIFFER: Okay, but I'm -- but below that you're along the canal along 75 __ MR. MULHERE: Yes. COMMISSIONER SCHIFFER: -- with just one access at that point, correct? MR. MULHERE: Correct, yes. Through the existing landfill. COMMISSIONER SCHIFFER: Okay. The -- is the use of this only going to be for Collier County? Is there any intention that this would be used for other communities, stuff brought into it? MR. RODRIGUEZ: Actually we have a policy that we only take waste from Collier County. COMMISSIONER SCHIFFER: Okay. All right, thank you. MR. MULHERE: There might be -- I just wanted to make sure to clarifY, though, there could be __ the county could enter into an agreement with a vendor or some private entity to do some sort of operational thing, but not to take in waste materials from somewhere else. COMMISSIONER SCHIFFER: Okay. But like we heard earlier, they were taking stuff to Pembroke Pines, we don't want somebody bringing stuff to us. Okay, thank you. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yeah, a couple of other questions that I had notes from neighbors. One is this business of the road. Why isn't there a configuration to do some sort of loop road so that trucks and whatnot don't have to be backing up all day and all night? Or is there in here? MR. MULHERE: Well, there is in a way sort of a loop road. I mean, you can see these -- excuse me, these cul-de-sacs here, which will be designed to allow trucks to turn around, right? So they may come in this way or this way. They may come over here and then, you know, go back out. Eventually it goes into a singular point of ingress and egress. And in order for that to be acceptable to the fire district, whom we've met with, we'll need to design the site with appropriate fire hydrant and fire suppression systems. But they have looked at it and they are okay with it. COMMISSIONER CARON: So that issue should not affect neighbors. MR. MULHERE: It should not. COMMISSIONER CARON: Okay. Security, what do we do in the county for security on these sites? MR. RODRIGUEZ: For the record, Dan Rodriguez, your Solid Waste Director. We have perimeter fence that's maintained and managed. We have cameras throughout the facility. We have card access at the main gates. And throughout the evening the security staff and facilities manager comes out and tours our facility to ensure that the site is secure. We would have the same type of security processes there at the Resource Recovery Park. COMMISSIONER CARON: So in the evening there's somebody on-site all the time doing roving securi ty? MR. RODRIGUEZ: Yeah, the roving security from facilities does come out and patrol. They do. And we have cameras on-site as well. COMMISSIONER CARON: All right. But they just come out occasionally. They have other places that they're -- MR. RODRIGUEZ: That's correct. COMMISSIONER CARON: So you don't have somebody on-site, though. MR. RODRIGUEZ: Not all night, no. CHAIRMAN STRAIN: Okay. Anybody else have questions of the applicant at this time? Page 1 7 "1l.""'IJtl."'___.,.,..;H,'"..,,,,_,.,..,;____,."'K .r "'<r" 1 t' 2 ."'f May 21, 2009 (No response.) CHAIRMAN STRAIN: Well, I do. Don't go away, Bob. MR. MULHERE: Okay. CHAIRMAN STRAIN: Let's start with where Brad had left ofT on the western property line by those lakes. You have a 20- foot buffer but you also said there's a road there, which I'm sure isn't going to have much of a buffer in the middle of the road, otherwise it wouldn't be a road. MR. MULHERE: No, the buffer's west ofthe road, I believe. CHAIRMAN STRAIN: Okay. Do you have a problem of widening that strip that is east of the road? Well, if it's west of the road then you're between the current Golden Gate canal and the road, is that right? MR. MULHERE: Yeah, I'm trying to read with my failing eyes this little detail here. CHAIRMAN STRAIN: Well. I think we all got the same document, so-- MR. MULHERE: No, I take that back, the landscape buffer is east of the access easement. CHAIRMAN STRAIN: Okay. Is there any reason why you could not expand the side that's east of that roadway to 35 feet, berm it, landscape it and put a sound wall on top of it? And -- let me finish. And then towards the bottom, if you notice the small lake you have there, and if you look below the lake you've got a circumference of a half of a quarter circle there. Apparently it's a well zone. Doesn't look like you can do much in that well zone any. Why wouldn't you make up the difference you need in water management by running the lake further to the south and continuing that buffer until you reach that corner? MR. MULHERE: I don't even know if the lake can be within that. You know, I don't n I can't-- CHAIRMAN STRAIN: Okay. WelL then can you have a butTer there? Then you can continue to buffer without the lake. MR. MULHERE: Yeah, buffer. CHAIRMAN STRAIN: I'm suggesting -- r was putting a more solid bufTer there. Because your n it looks like by the aerial one of the greatest populations in the Estates that surrounds you happens to be to the west of the site more so than any other direction. And I would -- and that seems to be the least buffered area on this entire site. MR. MULHERE: I just want to make sure I understand what you asked for. You asked for an additional 15 feet. So instead of 25 feet, 35 feet. CHAIRMAN STRAIN: Right. But you put a berm on it. MR. MULHERE: You asked for a berm and wall or -- berm and wall combination, right? CHAIRMAN STRAIN: Right, berm and wall combination with whatever landscaping we would require under a buffer. MR. MULHERE: Probably a three-foot berm, six-foot wall. CHAIRMAN STRAIN: That would work. MR. MULHERE: And landscaping on the outside of the wall, obviously. CHAIRMAN STRAIN: Yes. MR. MULHERE: We may-- MR. KLATZKOW: Just for clarification, because we're going to have to get this documented, from what point to what point? CHAIRMAN STRAIN: The length of the lakes. See where the lake starts up on top? It would be the full length of those -- the bodies of water will do nothing to protect the people to the west from any sound or whatever activities go on in there. I know a 35-foot butTer is a little bigger than we normally experience, but this facility is unique and a little bit bigger than what people may have experienced in that area. And I think it would be a good neighbor policy to try to give them as much as possible. So that's why I'm suggesting this. Page 18 M! 91,I~O~i2 Nf MR. KLATZKOW: So the northern point of the upper lake, all the way down to the southern-- CHAIRMAN STRAIN: All the way down to the corner of the property, right. MR. RODRIGUEZ: Commissioner Strain, to respond -- Dan Rodriguez, your Director. Absolutely we co1.J.ld entertain those improvements. What I'd like the commission to consider is that if we could put the additional buffer the 35 feet, whatever you request, and a berm, but if we not put the wall because of the expense and the impact to the taxpayers and this project. CHAIRMAN STRAIN: Well, but I think the wall's part ofthe problem that they're going to have with the noise. The noise is what I think is going to be a driving factor across that water. We've still got to hear from the residents. Let me hear what they have to say. And if they're satisfied with a berm and a landscape buffer, then -- I mean, I don't live near there, they do, and I'm more concerned about their issues. MR. MULHERE: If I could also add for consideration, there's going to be -- as this is developed, there's going to be other landscape buffer areas surrounding these development areas too. And I wonder if we couldn't recapture some of that. You know, if the most important thing is to buffer __ CHAIRMAN STRAIN: I think the most important thing in this project is the perimeter buffers. MR. MULHERE: That's what I -- CHAIRMAN STRAIN: What you do in between your parcels is to me a waste of time. But as long as the perimeter buffers so the public and residents are most protected, that's where I think the focus ought to be. We'll come back to that comment then after we hear public comments. Mr. Rodriguez, on the neighborhood informational meeting the following statement is attributed to you. It says, Mr. Rodriguez commented that the recycling processing would be located in a closed building setting, (inside a building). Now, you've got a number of processes here. And you showed us one, the hazardous waste that's inside a building. All the processes will be inside a building? MR. RODRIGUEZ: No, not all processes. What I was referring to was the potential for a MRF of -- similar to what they have at Pembroke Pines. Those pieces of equipment or machinery would be located inside. Some of the materials that are recycled, white goods, tires, horticulture waste, because of the quantities and because of the size of the equipment and whatnot and for safety reasons they've got to have plenty of room to move those around and whatnot. CHAIRMAN STRAIN: I understand like the piles of debris and all that, and when you offload trucks, some of it's not going -- that can't. But the actual turning of those items into salable product or useable product or by-product, the turning of those into something, that's going to be inside a building? MR. RODRIGUEZ: Yeah, the systems that require processing more than likely would be inside a building to protect from the elements. CHAIRMAN STRAIN: More than likely. Now, I love those words. You sound like an attorney. No offense, Mr. Klatzkow. You're the only attorney that doesn't say those kind of things. That's not what you said in your neighborhood information meeting. You didn't say more than likely. You said would be located in a closed building. MR. RODRIGUEZ: Again, I was referring to a material resource recovery facility. That's a facility that processes aluminum paper, cardboard. Naturally those would have to be in a building to protect from the elements. Because of the technology that may come or go, for me to sit and say everything is going to be enclosed in a building wouldn't be fair, most importantly because the impact to the taxpayers and the cost of structures, things like that. And that may not be a best value solution. But we will meet every code as it relates to noise, odor. Page 19 -~__~____-".n '1111 ~'", lA' ~ May 21, ~09 . CHAIRMAN STRAIN: Well, the codes that are made for the urban area don't apply in the same manner as in the Estates. I've lived out there for 30 years, and you can hear things a lot further in the quiet of the rural area than you can in the urban area. So I understand you're going to meet our codes, everybody has to. But the distance and the sound travel will be further from your facility there than if you were in the heart of Collier County. You showed a picture of a machine that was recycling tires. How does that -- is that machine operated with a diesel motor of some kind or a -- MR. RODRIGUEZ: Yes. What it is, is a large grinder. CHAIRMAN STRAIN: Okay. Would that be located inside a building? MR. RODRIGUEZ: It depends on the application. It depends on the contractor that we negotiate a contract with. Does it need to be? For operational reasons, no. But it depends on the situation. CHAIRMAN STRAIN: I'm thinking of noise. Imagine ifit's diesel, it's a fairly noisy machine. Especially if it's going to grind. MR. RODRIGUEZ: Again, the noise would be no different than what we currently hear at the landfill. We have four of those grinders working for the last year and a half at the landfill as part of the reclamation process of 25 years. And I receive no noise complaints. CHAIRMAN STRAIN: How much closer is the location on this property where you're putting that -- those grinders than they are on the current landfill; do you know? MR. RODRIGUEZ: It'd probably be about 500 feet from where we're currently operating. We are right at the northern edge with our grinders and our back hoe equipment and processing systems. CHAIRMAN STRAIN: Okay. Well, we're going to have to tlgure out something on that issue of what should be in a building and what shouldn't, but we'll do more of that as the time -- as we go on. Hours of operation. You're looking at restricting the hours of operation to the same as the current landfill, both in operation and in a public land use; is that right? MR. RODRIGUEZ: That's right. CHAIRMAN STRAIN: The pull-through loading and dumping. Bob, as I understand what you said, when you get down to a cul-de-sac, they're going to be big enough for trucks to turn around, that's code. So they've got to be big enough for that. But I think the concern is when you go down that cul-de-sac and you pull into one of those parcels to drop off your load, are you going to provide -- design each parcel within a loop like a horseshoe within itself so that a truck could pull in, unload without causing too much backup movement and then pull forward and move back out again without causing a lot of backup movement? MR. MULHERE: I mean, I don't know that I can answer that in every case that will be the design. We're not even that close. Should that be -- that would be the most efficient way to do it. CHAIRMAN STRAIN: You would have no problem doing that if it was at all possible; is that right? MR. MULHERE: Yes, that makes sense. CHAIRMAN STRAIN: Okay. Then a stipulation to that effect wouldn't kill you. There -- apparently you've got some easements going north from where that blue lake is that are cleared. And they're county property. And apparently they're not fenced off. And as a result of that, they're being used by A TV race tracks. And A TV's to me are one of the most annoying things ever invented by man, especially in the Estates. Is there something that can be done to block that off and provide the peace and quite that people -- what little they can have out there? MR. RODRIGUEZ: Commissioner, as we move forward with the site development plan, our Page 20 1 6 I ..q A 2 'I If 11'2 c..:r ,...,. May 21,2009 intention is to have a secured site, and that would eliminate those equipments from getting onto the site, absolutely. Now, working with Paul Mattausch, our director, with water as well, to secure those wells. CHAIRMAN STRAIN: Okay. I think that -- I've got a lot of questions -- I've got some questions of staff, but that's enough for you guys right now. So thank you very much. Any other questions of the applicant before we move on to staff report? COMMISSIONER SCHIFFER: Yes, Mark. CHAIRMAN STRAIN: Okay. Mr. Schiffer. COMMISSIONER SCHIFFER: Bob, in the development ofthis, what elevation -- you're obviously digging a lake, you're obviously going to use the fill on the site. What elevation do you plan to be the ground elevation of the development? MR. MULHERE: I don't know. \Vhatever is required by code. MR. DEANS: Dave Deans with PBS&J. I'm the Civil Engineer, the Garbologist on the project. That elevation will be established by the stormwater management system when we get into final design. CHAIRMAN STRAIN: Okay, looking at the LIDAR, it's about 11 feet. Do you think you'll be bringing it up or -- so in other words you're going to put it at the code minimum? MR. DEANS: We don't want to spend any more money on fill than we absolutely have to, but we want to do everything we absolutely have to to make the stormwater management system function according to code. COMMISSIONER SCHIFFER: Okay, thank you. CHAIRMAN STRAIN: Anybody else of the applicant? (No response.) CHAIRMAN STRAIN: Okay, thank you. And Kay, I guess we'll have staff report. MS. DESELEM: Good morning. For the record, my name is Kay Deselem, I'm a Principal Planner with Zoning and Land Development Review. In addition to my presentation, we do have other staff persons here that can address questions that you may have specific to their area of expertise. We have Corby Schmidt that can address Growth Management Plan issues, Susan Mason who can address the issues about environmental questions, and John Podczerwinsky for transportation. You do have the staff report, which is a document dated last revised 4/15/09. On the first page it goes into the requested action, noting that the petitioner is seeking approval of three different conditional uses to allow the operation that they have described to you to occur on the site. You have the geographic description as to where the property is. On the next page you do have a purpose and description of the project. Obviously the petitioner has explained what it is they're proposing to do in much greater detail. You have a rendition of what is currently the surrounding uses in zoning on the property. And you have an aerial photograph that hopefully depicts those things as well. Starting at the bottom of Page 2 is the growth management consistency review. We've addressed the Future Land Use Element. Going on to Page 4, there's a transportation element analysis, and then a conservation and coastal management element. Staffhas evaluated all the appropriate policies and has deemed this particular petition to be subject to a finding that it can be deemed consistent with the Growth Management Plan. Going on to Page 7, we do have the analysis for the findings that are required to support a Page 21 "^Ma;:1, A1~ '1 recommendation of approval. Staff has gone through the different findings that are required. There are four separate findings. And staff has provided positive information that supports our recommendation of approval. There is an analysis -- I'm sorry, a summary of the Environmental Advisory Council's recommendation on Page 10. There's information provided about the neighborhood information meeting on Page 10, going on to Page 11. And on Page 11 is a rendition of the staff conditions. Weare recommending approval. We have listed at this point nine conditions that would go along with that recommendation. The first condition identifies the site plan. The second condition puts the applicant and the public on notice that although we are adopting this conceptual site plan, the final design will still need to be in compliance with all federal, state and county laws and regulations. Condition number three does allow, as does the LDC minor changes to the citing of this particular master -- concept plan. Condition number four puts it on record that any expansion of the uses beyond what is sought here, ifthis were to be approved, would then need to seek and get approval of a new conditional use. Condition number five talks about the accesses that would need to be provided to parcels that are located within -- commonly referred to on the site plan as out parcels, just to make sure that everyone does have adequate access. CHAIRMAN STRAIN: Kay, just so you know, I think we've all got your recommendations in our staff report. so we can probably figure those out ourselves. Ifthere's anything that needs to be clarified in regards to those that might be helpful. MS. DESELEM: The condition number six can be removed, because the petitioner has now withdrawn any idea of having that emergency administrative access road. And it's my understanding that condition number five can be amended to remove the first clause, quote, if it is judicially determined or otherwise agreed to by the county, then. That portion can be removed. All other conditions should remain as they are. Other than that, that's my presentation. Like I said, we are recommending that it be found consistent with the Growth Management Plan, and we are recommending approval with conditions. CHAIRMAN STRAIN: Any questions? Mr. Murray, then Mr. Schiffer. COMMISSIONER MURRAY: Kay, I know you stated that they would have to come in for an additional conditional use if anything changed from the current processing, but there is currently an activity that goes on and Waste Management people are the ones that perforn1 the activity, as well as some county people. If they were to enhance this in any way current -- MS. DESELEM: Excuse me just a moment. COMMISSIONER MURRAY: Surely. MS. DESELEM: I'm sorry. Thank you. COMMISSIONER MURRAY: That's quite all right, I understand. If they -- in other words, there's an operational going on and that operation, you know, is -- envisions certain activities, how would you know if those activities were to be adjusted, greater quantities, more frequency, et cetera, what is the tripping point to determine whether or not a new conditional use is required? MS. DESELEM: As a general rule nobody in the county goes out to check to make sure that Page 22 M~f>i !o12 everybody is doing exactly what it says in their conditional use approval. Most commonly it's a code enforcement issue, we get a complaint and then it's investigated from that standpoint. But we don't have any, you know, police that goes out there and checks the conditional use. So normally it's a code enforcement issue that brings something to staffs attention and then we investigate it from there. COMMISSIONER MURRAY: If they were to seek to modifY a structure, that would just simply go in for modified site development plan, would it? MS. DESELEM: Yes, because the site doesn't show any structures, and it doesn't show that extent. It's more defined by a use within a certain area. COMMISSIONER MURRAY: I appreciate that. What I'm trying to get at-- MR. BELLOWS: For the record, I'd just like to make a point of clarification. A site development plan would be required for any structures placed on the site. That is compared to the conditional use to make sure it is consistent with the conditional use. COMMISSIONER MURRAY: And is that the tripping point? MR. BELLOWS: That is the-- COMMISSIONER MURRAY: That's what I was looking for. So basically there's a potential to enhance operations without going beyond what the operational idea is at the moment, because I know they anticipate additional opportunities and that would require a structure and change in operations. So I'm happy now to know that. Thank you. MS. DESELEM: Thank you, Ray. If I may, when Heidi jumped over here and was talking to me, I misspoke. I was under the impression that we were revising condition five, and it appears that we are not revising condition five. So it would remain as it is. CHAIRMAN STRAIN: So now we've got to erase, right? MS. DESELEM: Yeah, sorry. I hope you didn't put it in ink. COMMISSIONER MURRAY: We did, red ink. MS. DESELEM: Oh, man. CHAIRMAN STRAIN: No, I learned a long time ago only use pencil, Kay. Okay, Mr. Schiffer, I think you had the next question. COMMISSIONER SCHIFFER: Kay, in the -- when you were working through this site plan, you've put a 200-foot preserve down the eastern side of the property on what looks like Garland Road. And our plans show that that's buffering land that the county itself owns. Why wouldn't we do the same thing on the western side? I mean, to me the major flaw in this layout is that the side that really does have people living on it does not have the protection, I think. I mean, a lake looks pretty, but it certainly doesn't help with sound and things. So was there any discussion about actually putting a buffer down that boundary line? A substantial buffer, not walls and 35 feet. MS. DESELEM: To my knowledge, no, there was not any discussion along those lines. COMMISSIONER SCHIFFER: But as a planner, do you see that as a concern or an issue or a good idea, or what? MS. DESELEM: It seems like it would be, you know, enhancing what buffer we have. COMMISSIONER SCHIFFER: I mean, I know it kind of messes up the site plan. But first of all, they have more area than they thought by that purchase of the property. The leachate thing to me seems that it would make more sense across that access road anyway closer to the actual landfill mounds. So I don't think -- I think they have plenty of area on this site to lay it out in many ways, so -- MS. DESELEM: Staff seemed to believe that the way they had it set up as far as the administration and equipment maintenance facility being a lesser intense use, and the applicant has through this process Page 23 ....... "".__,_"-ft, ...11 '" ~ ____-"',...",~.".,... ""....,,,.......,."""",,,"'.... lIIlI '-IlI~ '.... ~~__.4"__"__"..,.'"..,..___",.......",..,,______. " ~ ~>,; ~,~ II \,.. c: May '2 r~ 2009 f/ moved some of the uses around to be more sympathetic to the neighbors to the west so that he didn't have what could be deemed as a more obnoxious use, if you'll excuse the term. COMMISSIONER SCHIFFER: And I think an administrative -- first of all, it's not going to be that large an administrative building that it's going to be the biggest buffer. I'll wait till they're ready. MS. DESELEM: I'm sorry, I missed your question. COMMISSIONER SCHIFFER: In other words, yes, administration's the least of all of them, but it's not going to be that big a building where it's that good a buffer. Anyway, I don't think we can count on a lesser use in a building to be that buffer, so -- anyway, enough said. Thank you. MS. DESELEM: IfI may, Ray clarified that that area shown along the eastern boundary is not necessarily a buffer, it's part of the preserve. COMMISSIONER SCHIFFER: Correct and that's -- MS. DESELEM: It could act as a buffer, perhaps, but-- COMMISSIONER SCHIFFER: And that's what I would like -- MS. DESELEM: -- it's not a buffer. COMMISSIONER SCHIFFER: And that's what I'd like to see is the preserve extended do~'ll the western, similar to that at that dimension. Thank you. CHAIRMAN STRAIN: Anybody else have any questions of staff? (No response.) CHAIRMAN STRAIN: Kay, I've got one. It's on Page 10. I mean, it's not a question in effect you can do much about. But the fact that the EAC wants to review the SDP, do you know anybody on the EAC that has the credentials of any of our engineering staff or anybody like that that show qualifications to review SOPs? MS. DESELEM: I don't have that knowledge one way or the other. CHAIRMAN STRAIN: Do you know if any criteria in the LDC provide guidance to the EAC under what manner they may review an SDP and under what manner they may decide it is incompatible or compatible or under what manner they may turn it dO\\<TI or reject it? I mean, we're asking this applicant as well as any applicant -- and I've had the same position repeatedly, to send an SDP through a process that has no bearing and no usefulness seems to be a giant waste of time for any member of the public or any applicant to go through. So I don't know why staff incorporated that into their recommendations. I assume you felt you had to because the committee recommended it. But I as one member of this commission will not accept that as a recommendation and I will be asking that be stricken. Yes, Mr. Schmitt? MR. SCHMITT: For the record, Joe Schmitt. No, we noted that as their request but staffhas not recommended that, nor will I support that recommendation. CHAIRMAN STRAIN: Okay, I just -- it gets to be -- there's no regulations, they're no rules by which it could be reviewed. It doesn't make any sense. MR. SCHMITT: The SDP, once it's submitted, is a document that's open for review, if anybody wants to come into community development and review it. Any board member or the public has that option to come in and sit and look at an SOP. But it's an administrative process. And I have no intent on bringing the SDP back to the EAC for review. CHAIRMAN STRAIN: As far as the processes that we recommend as stipulations today, if they're upheld by the Board of County Commissioners, then you're obligated to make sure those are incorporated into the SOP; is that correct? Page 24 16/1A2 May 21, 2009 MS. DESELEM: I'm sorry, would you rephrase that again? CHAIRMAN STRAIN: Any stipulations that we make to the BCC today, as well as any stipulations they add or accept, once they accept the stipulations, staff is obligated from that point forward to make sure all those stipulations are incorporated into the SDP when it comes through. MS. DESELEM: Yes, if that's the appropriate time to adopt or -- CHAIRMAN STRAIN: Right. MS. DESELEM: -- you know, whatever the case may be. CHAIRMAN STRAIN: Right, that's what I'm saying. So any protection to the public doesn't work at the SDP level, it's got to happen at this level. So if there are any concerns or any restrictions we want to put through to make sure the SDPs are right, we better make them today. And that's where the -- I guess where the buck stops is these boards, so-- MS. DESELEM: In may clarify as well, we do have condition number nine that is a reiteration of the EAC review condition. CHAIRMAN STRAIN: Oh, I saw it. MS. DESELEM: And obviously if you don't want that to go forward, that can be your recommendation. We take the EAC recommendation, as well as your recommendation forward to the board. CHAIRMAN STRAIN: Thank you. MR. SCHMITT: And I'll make it clear for the record, again when we send a staff report to the board, I would so note that though they ask for it, there's no requirement and there's no precedence for it. MR. KLATZKOW: I'll even be clearer, on the assumption that this would go on the summary agenda, if we can clear up all the problems, that will not be a stipulation of approval. It will be noted in the staff report that the EAC requested it. If any board member wants to pull it at that point in time to put it back in, that's their prerogative. But it will not automatically go. MR. SCHMITT: Thanks, Jeff, for the clarification. That's an excellent suggestion. CHAIRMAN STRAIN: Appreciate it. Any other questions of staff at this time? MS. DESELEM: I can clarify. CHAIRMAN STRAIN: Kay? MS. DESELEM: Mr. Mulhere just reminded me that there was a 7-1 vote to the EAC. Therefore it cannot go on the summary agenda to the board. CHAIRMAN STRAIN: Well, I don't know if -- I didn't -- that's something legal department can determine. I'm not sure -- I didn't know EAC reflected summary or non-summary __ MR. SCHMITT: It doesn't. CHAIRMAN STRAIN: -- agenda. I thought it was only-- MS.DESELEM: My understanding is the criteria for the summary agenda, there can't be any board that does not have a unanimous vote. MR. MULHERE: I'm pretty sure I was responsible for writing that. Unless there's some wiggle room in there, I believe it says unanimous recommendation of the EAC and CCPC. CHAIRMAN STRAIN: Well, hopefully it will be checked. And ifit doesn't apply, then the County Attorney can handle it. Okay, do we have -- that's the last questions of staff. Then we'll move to public speakers. Ray, do we have any public speakers? MR. BELLOWS: Yes, we have three speakers. First speaker is Wayne Jenkins. CHAIRMAN STRAIN: Okay, when you speak, you can come to either podium that's most convenient to you. We ask that you try to limit your discussion to five minutes. And state your name for Page 25 ....",_~r_..~" ""_ "'1,'~Jj ;..-----."""'---- :I\~) ~~ May 2 ( 2009- the record when you first come up. And if it's difficult to spell. then help the court recorder out by spelling it for her. MR. JENKINS: Good morning, Commissioners. My name is Wayne Jenkins. I am a resident of section 25. And I'm sitting here and I appreciate the questions I've heard today, because it's many of our concerns. One big concern I have is that I think in addition to the people to the west you've got people to the east and north of this within close proximity. Actually, if you want to know where I live, if it shows, it won't, but the northeast corner that's cut out, those 40 acres, there's four houses right there. So we're very close to this and very concerned about it. I'd like to start by saying that there have been some things that I think are very true. The landfill operation has improved tremendously from what it was a few years ago when we couldn't stand to open our windows. And I compliment -- I'm not saying that sarcastically, I compliment the people for the job they've done on it. At the present time with the mountains we have south of us, the equipment up on top of the hills, we hear the beepers now. My concern comes to be when this is moved closer -- and I'm not talking about the landfill hills now, but we still have the same issue with equipment, with beepers -- it gets closer to our area. I enjoy being able to open my windows when it's the pleasant time of the year. I don't want to be forced to keep my house closed up because of the noise that's going to be there continually. I realize that recycling is a necessary thing. I would first of all question why we're here today. I fought this issue two times already with both times the county commission agreeing and promising the residents it would not -- the landfill would not be expanded onto the new acres we're talking about today. We can playa word semantic game and say it's not a landfill. This is part of the landfill operation. The public has been promised twice it would not be moved north. We're here again today. If you recall, after the last rounds of discussions on this, it was opened up to make it an A TV park, possibly a public golf course, and here we are with a landfill expansion. I guess at some point I'm going to lose and accept I'm going to live in a dump. And I don't envision that. I'm a lifetime Collier County-an. I've lived in the present place for over 23 years. And if this does come to be, which I am opposed to expanding it north, I would ask for the same considerations you just discussed for the people to the west of us. 200 feet of woods is not going to stop the noise I'm going to have to live with. In addition to me as a retired letter carrier, lived in this area, delivered mail in this area, you've got anywhere from I'm going to estimate conservatively around 300 families and homes to the east and north of this, within a mile of it. I guess one of the things that kind of amused me in hearing this, the county had the opportunity when they created the Growth Management Plan to exempt themselves from totally clearing an area. I don't have that luxury. I wish I had been able to sit in on this and exempt myself from it, but I don't think my neighbors would have liked it. And as a neighbor to this, I don't like it. The biggest concern I have is the sound, as many of you discussed. And I appreciate that -- I do hope you'll consider some kind of a more barrier for the people that live around it. So far as the -- I had to laugh, and I know I've got a neighbor that's going to tell you more about it, the idea that the environmental studies, there's no panthers around, yet I've got a neighbor next to me that property backs up to the county line that has lost, I believe, three different animals to panthers in the last three years. So the more we destroy the natural woods, yeah, we're going to lose some. As a hunter, I have to laugh at the panther issue to start with. It depends on whose favor it's in as to how we discuss the panther. He's been made a scapegoat and it's terrible the way he's been misused. Page 26 i N Ii 2 b<,. i. 1 May 21, 2009 But there are wildlife in the area. I have deer in my front yard daily. I do -- again, I'm saying I'm not in favor of this, but if it does come to it do we need such a large spread-out facility? Shouldn't it be concentrated more into the middle and the bottom area? I'm sorry, I could not tell from the other discussion, apparently some parcel has been in negotiating to be sold from a member of the public. I don't know which one that is. I see a couple of shaded areas, but I don't know which one -- CHAIRMAN STRAIN: It's the little yellow one towards the south. Towards the bottom of the page, the little square yellow one, the smallest square yellow one. MR. JENKINS: Okay, thank you very much for that. In summation, I'd just like to finish up by reminding you, this item came up for your discussion two weeks ago. There were many more residents from the east side of it that were here. Unfortunately we can't keep taking time off [rom work to come, to have something postponed. Sometimes it's a legal thing. But a lot more people would be voicing their opinions today if it had been heard when it was supposed to be. And thank you for your time. COMMISSIONER MURRAY: I have a question. CHAIRMAN STRAIN: Thank you. Mr. Murray -- hold on a second, sir. COMMISSIONER MURRAY: Sir? CHAIRMAN STRAIN: Mr. Jenkins, could you wait just a minute? COMMISSIONER MURRAY: If it's possible for you to do it, if you take the hand mic, could you point to us on the plan here? See this -- see that -- no, sir, right down there. MR. JENKINS: Oh, okay. COMMISSIONER MURRAY: Just put your -- where you live. MR. JENKINS: Yes, sir. CHAIRMAN STRAIN: You're going to need -- Ray, would you give him the mic so-- MR. JENKINS: If you see this section that was blocked out, boxed around right here, this is Jenkins Way that comes down here. Garland Road runs down this way. I'm nervous, I'm sorry. But that's a 40-acre parcel you're looking at. There's four houses in here. There's another house just to the east of there. There's another house right on the other side of Jenkins Way. There's numerous houses on the other side of Garland Road. I recently had to get with my neighbors to collect money for trying to resurface. It was a private __ we do our own private maintained road back in there. I contacted over 26 families for resurfacing Garland Road. So there -- 26 may not sound like a big number to you, but 26 people that are going to be adversely impacted is wrong. COMMISSIONER MURRAY: And may I understand, you said you were able to see the hills? MR. JENKINS: No, I don't physically see them from my place, because right now I'm about a half a mile from the landfill. COMMISSIONER MURRAY: I wondered about that when you said that. Now -- and do you hear the activity going on? MR. JENKINS: That was my reference, sir. The hills, the height of them, where I don't -- I've got trees in front of me and neighbors to the south of me, a lot of woods in there. We don't physically see the landfill unless you drive down to the very south end of Garland Road. But because ofthe height of it and the machinery working out there covering up the landfill materials, that sound travels. And we hear beepers beeping now. COMMISSIONER MURRAY: That's during the day. You-- MR. JENKINS: Yes, sir, during their normal operation. COMMISSIONER MURRAY: Do you ever hear anything during the evening? Page 27 4ll__17- "'WA-.. IIQ .UAAf. _ .... ....... ~.__....,-.""-"..,, .... "-......_'>',.,."..~_,_~, F ~ :1 .? L... May 21, 2009~ t_" MR. JENKINS: No, I don't. As the gentleman said, I think their landfill operation shuts down around 5:00 p.m. In the evening there is not that noise. COMMISSIONER MURRAY: So if this additional place that we're talking about would not to go forward, you would still continue to hear those beeps? MR. JENKINS: I would hear them. They're not a big nuisance to me because like I said, they're a half a mile from me. I can envision what it's going to be like 600 feet from me. COMMISSIONER MURRAY: I thank you so much. MR. JENKINS: Thank you. CHAIRMAN STRAIN: Okay, Ray, want to call our next speaker? MR. BELLOWS: Steve Sistrunk. CHAIRMAN STRAIN: You can use that mic right there, sir, if you'd like. It would save you a trip over there. MR. SISTRUNK: For the record, my name is Steve Sistrunk. That's S-I-S-T-R-U-N-K. I live at 2600 Jenkins Way. Mr. Jenkins' neighbor. as a matter of fact. I'm here to oppose very strong opposition. Number one, we always hear not in my backyard. This is my backyard. I step over my property line, I am on the n what is proposed the recycle plant. The land values out there have gone up and down like everywhere else. We all knew the dump was there when we bought. We were promised, as Mr. Jenkins said, by the county commission that there would not be expansion. And here we are back with the expansion problem again. We've learned to live with the dump. The dump has been a very good neighbor to us where it's at now. They have done a very good job with the smelL they have been very good with the noise regulations. But now we're creeping in to what is literally my backyard. Through all the process I know with the state, we are on the rural fringe agricultural overlay, one house per 40 acres. Does that decrease my value? Yes. Does it enhance our living? Yes. Because we're all out there because we love the rural environment. But when it comes time to sell, if we were ever in a financial. we don't have the ability to sell off part of our property to keep our house, as in the tough economic times come. Now what we want to do is decrease my property value more because now we're going to have a dump literally in my backyard. The dump is going to be there. So how much more burden does the county want to put on us because of what we all agree is a very needed and a very good purpose of having the recyclable plant? And the arguments have always been, oh, the recycle, we need to recycle. Yes, we need to recycle, yes, we need to do all these things. Do we need to do it on such an expanded area of property? Can we not condense it? Can we not put it on the present facility? Can we dovvTIsize it? You know, as we've even witnessed today even, the gro\\-1h of the county has definitely got the brakes put on, and nobody can see the future, but we don't see it as in what we've gone through in the last 10 years is what we're going to be going through the next 10 years. So maybe, you know, let's do this in a smaller stage. I'm not the type to say okay, you know, we have a shot at winning this. I don't believe we do. I don't believe we have a shot at stopping the process here. What I do hope that you all hold in your decisions is maybe limiting to where we go now. Can we do it in a smaller scale, can we do it with less impact on us. The neighborhood that Mr. Jenkins was speaking about with the environmental issues with the panthers, I don't know who did the environmental study, but they sure didn't come to my backyard. We've had three goats killed by panthers, confirn1ed by FWC. I mean, we've had all the studies, everything's been, you know, confirmed that there's been, you know. a panther in the area over the last three years. Page 28 J.6/1A2 May 21,2009 We've got the red headed woodpecker that has been such a beginning stink, I see him flying around my backyard every day. You know, I mean, it's not an issue that they say it's not there; it is there. The gopher turtle issue, in my backyard, gopher turtles, you know what I mean? So I don't know where the study came from and how it got to say that there is no environmental issues. There are environmental issues there. I don't see, you know, how if I wanted to do something I've got to, you know, jump all the hurdles to prove a lot of environmental issues. It seems like if the county wanted to do something that they do their study and okay, it's over. It's very hard as a citizen to have to deal with that. And I'm a firefighter, I know how bureaucracy works, I know how the system works. And it's frustrating to a lot of us as citizens to see, you know, how -- we perceive that we get trampled on when we really don't have a say-so. And like I said, I'm a realist. I understand, you know, that this is a logical place for the expansion, you know, to put this. But what I really would hope is that you all could maybe slow things down, condense it and agree to maybe a smaller package for now with maybe in a 20-year plan go further out and expand it. The well issue. The county's deep wells -- two feet over my back corner is one of the new county wells. Very deep, very, you know, protected well, because we're down in the Hawthorne aquifer. We're 25 feet. Now, my well's not protected by any of the depth they have in protection. If there's any type of runoff, it's in my water system. It's the water we drink, it's the water we shower with. You know, that is a very major concern for us. And I know there'll be study after study saying no, it won't affect it. But if you lived there, would you like to have, you know, the recycle hazardous plant 600 feet, 300 feet, 200 feet, you know, off the back side of your house where your well is? That's what we're dealing with. You know, and there's never a hope that we're ever going to have city water. You know, that's a pipe dream. So it's not a reality to say well, you know, we can do that. It's we are on a well, we will always be on a well. A guarantee for preserve. They've done a very good job in designing this. I give them all kinds of credits for trying to make it neighbor friendly. But as we are -- here again, you know, what guarantee do we have that, you know, they're going to come in for another conditional use and take over part of the preserve that is going to be a buffer? You know, there's no guarantees on that. We were guaranteed that the dump wasn't going to expand. We're here. What guarantee do we have that they're going to say well, in two years, six months from now they say, oh, we need to do this, this and this and we're going to change the outlay and now what is preserve land is not preserved. There's no guarantee that's solid, I understand that. But you all have the ability to at least make it more concrete, if this does pass, to put the recommendation in that the existing preserve is either expanded or can never be used as another expansion project to where we don't have to keep facing the same issues agam. And with that, I thank you very much for your time. I know some of you all live out in the Estates and you understand the rural lifestyle that we all have. And that's why we're there. Please try to protect us. You know, we're a small handful but, you know, to us we're an important handful. Thank you very much. CHAIRMAN STRAIN: One comment, sir. MR. SISTRUNK: Yes, sir. CHAIRMAN STRAIN: The comment you made about the preserves, this particular project came through as an amendment to the Growth Management Plan a while back. It was that plan that locked in the percentage of preserves they have to have. They cannot change that. They're right at within one-tenth of the Page 29 - -"".....~"",'-"---,.....,'--~~"--- 16' U~,20~ minimum needed, meaning they couldn't walk into that preserve and put another piece of asphalt down or another element without going through a much more belabored process than what you see here today. That would mean a Growth Management Plan change, as well as any other changes that they have to go through normally. I'm not saying that can't be done, but that's -- MR. SISTRUNK: I understand. CHAIRMAN STRAIN: -- about as impossible to do as anything we could enforce. So I don't know of any stronger criteria for that. Nothing we could say today would override that capability -- MR. SISTRUNK: Right, I understand. CHAIRMAN STRAIN: -- so you already have that, at least as far as the preserve go. MR. SISTRUNK: Thank you. CHAIRMAN STRAIN: Thank you. Before you call the next speaker, Ray, Cherie', are you good until we finish with public speakers and then we'll take a break? Is that okay? THE COURT REPORTER: Yes, thank you. CHAIRMAN STRAIN: We have one more, right? MR. BELLOWS: Yes. The last speaker is Kay Kluever. MS. KLUEVER: I'm Kay Kluever. K-L-U-E-V-E-R. Not with a C as it sounds like. I'm a property owner on Garland Road. And I must be getting really old, because the moral code has certainly changed. ] was raised to believe in God, live by the Golden Rule and believed that a man was only as good as his word. God is being taken out of our lives for the govermnent. People do not have respect for other people's property, nor care how they harm them. However, they want to have for themselves what is not theirs to have. Lastly, we as property owners were promised by Collier County Commissioners that the landfill would not be expanded to the north, as we had proven what an environmental disaster it would create. When we objected at the meeting at the Golden Gate Community Center, Mr. Rodriguez from the Solid Waste Management Department responded by saying that it was a park. It is an expansion of the solid waste park. The only difference is what is handled. We as a neighborhood are totally frustrated, as everything seems to be a done deal. Our words are not respected. In fact, they're just sloughed oft: as though we had nothing to say about it. What we are saying is true. We live there, we're educated people, and we know what is going on. We know how fragile the area is and how it is being destroyed by the county. We are aware that the county has the ability to go ahead, no matter what, and use whatever they want for whatever they want, no matter what. But this is such a travesty. This is wetlands that the wildlife has always claimed to have, just fragile creatures as the cockaded woodpecker and the panther territory. Yet the plans are to build it up three to four feet above grade, which will create neighboring properties to be flooded during our rainy season. Oh, they're planning on an unlined retention pond that is lined up perfectly to overflow into the main canal when we get our tropical rains and stornlS. That lake will be contaminated with the runoff from all of the hazardous waste that they are storing there and will contaminate the canals and the water supply for Collier County. Our well water has already been ruined by the county's use of injection wells which are already on this same property. It has cost me thousands of additional dollars to try to get water that's usable. I'm still working on it, as the latest attempt has not worked. The neighbors are very much concerned about the noise solution as well. A noise buffer was not Page 30 16 i 1 A? May 21, 2009' considered originally, however, I understand they're talking about planting a stand of trees to block the noise. That will not do a lot for the noise of the tub grinder. The way we have been told that they're planning on operating it will certainly take away the peacefulness of the neighborhood. The Hideout Golf Course is concerned about the disturbance of the noise for their members playing golf. They pay a lot of the money for the solitude and the getaway from the noise of the city life. They certainly do not want to be listening to trucks and tub grinders. This is not a plea for not in my backyard. We as a community of Golden Gate residents.jave already proved our case to the county commission. We were promised a park, golf course or something. that could be used for the benefit of the community recreation. We cannot understand why they keep wanting to go north to this most fragile land. The land to the east is not as fragile as this area and would serve the purpose better. Roads are already there and you would not have to be putting in a bridge -- which they have now canceled that, but I wrote this two weeks ago. CHAIRMAN STRAIN: Could you tell us where you live in relationship to the park? MS. KLUEVER: Right there about where the 2,400 is on there. That cleared area, I have 25 acres there. CHAIRMAN STRAIN: Okay, thank you. Appreciate it. And that's the last public speaker, Ray? MR. BELLOWS: That's correct. CHAIRMAN STRAIN: Okay, let's take a break until 10:25 and then we'll resume and then we'll finish up at that point. (Recess.) CHAIRMAN STRAIN: Okay, Cherie's rested and she's given us the ability to proceed now. So with that in mind we left off on public comment, we had our last public comment. Generally after public comment the applicant can have a time to kind of either rebut or agree that the public's all right and they don't want to ever proceed again and whatever options they would like. So Bob? MR. MULHERE: Thank you. Just a couple of comments in response to the public comments. The reference to listed species. Following the protocols of an EIS there are site visits. And the only intent -- and if I gave any misperception, I'll clear that up right now. The only intent of my statement was that when the ecologist was on-site, they did not physically see those listed species that I referenced. It does not mean that this is not panther habitat. It does not mean that they do not have to mitigate for impacts to panthers. They will have to mitigate for that, as well as any impacts for wetlands through the jurisdictional process. So I just wanted to clarifY that. I guess with respect to what I perceive to be the concerns of the residents -- a number of the residents comments, and also the Planning Commission, with respect to the buffering adjacent to the west of the project and the south where the lakes are, we'd like to offer -- we'd like to offer that we would between now and the next meeting go back and redesign this to provide for one of two options: Either a two -- and the preferred option would be a 200-foot wide preserve area adjacent to that western boundary. So we would reconfigure the lake, shift the lake over and provide for a 200-foot preserve boundary. That would increase our preserve areas somewhat. Also, with gaining that out-parcel, we'll have to reconfigure our acreage, and half of that acreage would also need to be added to preserve, because 50 percent is the preserve requirement. The other alternative would be if there were some design limitations when we go back and do this, we'd like the opportunity also to look at a 35-foot landscape buffer with a berm and wall combination. That's certainly not our preferred, and I don't think that that's anyone's preference, but we do feel like we need the option to at least look at that, and then we would come back to you with hopefully the 200-foot Page 31 ~ !' tl__~__.,..~~.;,.,._",_",..,.,...".<,_..,..,....,..,,,,,~___,,._~ Ibl .: {\? c j~ .~ May 21,2009 wide preserve area, which would provide a more significant buffer. And I think that there is room to redesign it in that respect and we feel pretty confident we can do that. CHAIRMAN STRAIN: Bob, I had a quick question. I mean. Brad does too, but I want to kind of summarize something so I understand the parameters. This total project area -- let's forget the two and a quarter acres you just recently purchased. MR. MULHERE: 341 acres. CHAIRMAN STRAIN: Whatever it is. It's 341 acres. Your preserve area right now is half of that, 170. MR. MULHERE: Yeah. CHAIRMAN STRAIN: So that means you've got 170 usable acres. MR. MULHERE: Yeah. CHAIRMAN STRAIN: And out of the 170 usable acres 42 acres ofthat is stormwater management. MR. MULHERE: Yes. CHAIRMAN STRAIN: That brings you down to about 130. MR. MULHERE: Yeah. CHAIRMAN STRAIN: And then you have utility supply and easements for the water wells, that's eight acres, so that's about 120. And then you've got -- out of the 120, you have a yard waste and storm debris processing area that I understand is only being used during emergencies when we have a lot of storm debris from hurricanes or something like that; is that true? MR. MULHERE: It's not only being used for that. The majority of that land would be used for that. There is a -- that is where the yard -- a yard waste and storm debris processing is going to occur. So a portion of that, I don't know how much acreage, maybe Dan could talk, I don't know ifit's 10,20 acres, but CHAIRMAN STRAIN: I'd like to know. MR. RODRIGUEZ: For the record, Dan Rodriguez, your Solid Waste Director. Actually, that will be the area for processing horticulture waste that we currently do at the landfill. CHAIRMAN STRAIN: How many acres does that take up? MR. RODRIGUEZ: That currently takes up about 10 acres. But as we continue to bring on new processes, the county may get into composting the material, turning it into useable soil for -- to maybe possibly give back to the taxpayers. MR. MULHERE: But it's still very low intensity use. I mean, it's just sort of sitting there. CHAIRMAN STRAIN: Well, I know, I just want to understand it. So let's say if you expand that and the most you do is another 20 acres there, so out of 120 usable acres you're going to end up with leaving 50 areas of that area for future debris collection from hurricanes. And that leaves you about 70 active acres that you're using out of 341. Is that a close assumption? MR. MULHERE: Yeah, I think that's accurate. MR. RODRIGUEZ: Yes. CHAIRMAN STRAIN: Okay, I wanted to understand the magnitude of your impact. So out of 341 acres, you're really impacting around 70 acres as intense uses, and the rest are different and varied uses. Okay, Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah, Bob, what I'd like to do is talk you out of your plan B. mean, these people moved out there in the neighbors (sic) to live in the woods -- MR. MULHERE: You mean the 35-foot? COMMISSIONER SCHIFFER: Yeah. I mean, and to build a wall, first of all, it's expensive. You can redesign this site plan. And don't waste time with two options, just put the 200 feet in there and make Page 32 16/ lAc.- May 21, 2009 it work, okay? I think you can do it. MR. MULHERE: It appears to me that we can redesign that. COMMISSIONER SCHIFFER: Right. And I would move it. And that word, I say leachate. What is that -- how do you pronounce that properly, you have gas and it's L-E-C-H-- MR. MULHERE: Leachate? COMMISSIONER SCHIFFER: Leachate? I mean, that would be better flipped on the other side of the road, and stuff like that you can easily lay th~ out. I , MR. MULHERE: Okay, we will work on redesigning that and coming back to you in the -- I guess two weeks, whenever your next regular scheduled meeting is. CHAIRMAN STRAIN: Well, I mean, you'd want to come back on a consent agenda? COMMISSIONER MURRAY: Yes. CHAIRMAN STRAIN: Right. So we have to be very specific in what we stipulate here today so that when it comes back on consent we're dealing with it as a consent item, not as a revote. Mr. Wolfley, and then Mr. Midney. COMMISSIONER WOLFLEY: Let Mr. Midney go first. COMMISSIONER MIDNEY: Mine is very brief. CHAIRMAN STRAIN: Mr. Midney. COMMISSIONER MIDNEY: What was the two-week postponement for this due to? MR. MULHERE: It was to allow us an opportunity to negotiate with the end holder to acquire that -- or come to an agreement to acquire that parcel. CHAIRMAN STRAIN: Mr. Wolfley? COMMISSIONER WOLFLEY: The first thing I did my first year of engineering school, I happened to have designed and worked for about a year on a technical paper regarding waste recycling. And I think that this is a good idea because I think that mountain that is currently there is going to decrease in height due to the fact we're not going to be putting as much refuse there, it's going to be used as recycled goods. And with that, ifit's the pleasure of the board here, I would like to make a recommendation-- CHAIRMAN STRAIN: No, no, we're not even done with-- COMMISSIONER WOLFLEY: You're not done. CHAIRMAN STRAIN: We've got to close the public hearing, we have to have discussion, and then we'll entertain a -- COMMISSIONER WOLFLEY: I thought it were closed. CHAIRMAN STRAIN: No, we're still in -- the applicant was doing rebuttal. COMMISSIONER WOLFLEY: I see. MR. MULHERE: I really think that -- I don't have anything else. CHAIRMAN STRAIN: Anybody else have any questions for the applicant? Ms. Caron? COMMISSIONER CARON : Yeah, for Mr. Rodriguez. I want you just to respond to the people who have come here today and feel that promises were not being kept to them by the county -- MR. RODRIGUEZ: Sure. In reference to n COMMISSIONER CARON: -- for this expansion. So I just want you to address that. MR. RODRIGUEZ: Absolutely. First of all I'd like to say thank you to all the residents that have come out to hear. We truly appreciate your input. And as being good neighbors and not just saying that as a government saying to be good neighbors, we look at our relationships with the neighbors at the landfill as a marriage. Every day we Page 33 ... . _...,., "'~'"'''' .. r' ",,,"OW""" .~.. lli."""'_,_~___._",..__,",...._____. ~ lI!: ..,....._.. .... ___... ,J" , I,'! ~ ~ :'" ( T-- May 21,2009 1:;'__, have to come and work together next to each other, and it's a long-term commitment. As long as the landfill's there we will always be neighbors. So anything that impacts you negatively, we take it very seriously, you know, as the Board of County Commissioners did 10 years ago. We will implement the policies. As far as the board's intent 10 years ago, I've read the transcripts. It was specific they were not going to expand the landfill. And that was clearly outlined in the LDC. The landfill is not moving off of the property to the north. What we're asking to do is -- what the board has laid down is to develop the property for recycling activities. And at any opportunity you're more than welcome to come to the landfilL see our operation, see the activity of the Waste Management. They have a life of site contract with the county. We put very high demands on them. They're required to be safe. They're required to have no odor and limit the noise so that we stay within policy. And at any opportunity that you feel that we're not being good neighbors, I encourage you to contact us. And as you always do, and we encourage that as well, you contact your commissioners, and they're very responsive. Absolutely. Thank you. COMMISSIONER CARON: And the next thing is, there is going to be required off-site mitigation for you both for wetland impacts and panther impacts. Will those -- will that mitigation happen in Collier County? MS. ZIMMERMAN: Sue Zimmerman, Collier County Real Property Management. At the present time we are investigating doing either banking or purchasing property. We do own currently property to the east/northeast that we're looking into as a potential mitigation area that we can work with either Conservation Collier, possibly, or some other agency to do mitigation within the county itself. Otherwise, we will look to banking, purchasing credits from a mitigation bank. COMMISSIONER CARON: It's important that the mitigation happen in the county. Thank you. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Yeah, there was a young lady who spoke to the concern of her well water. And I know Paul Mattausch is here. I would think that it would be important for her to understand or for him to tell us whether or not her concern is very serious. MR. MATT AUSCH: For the record, Paul Mattausch, Director of the Collier County Water Department. There was a concern raised about injection wells detrimentally impacting quality of groundwater and wells in the area. I laid a pen on the map there. There are only two deep injection wells anywhere in the vicinity. Those two wells are located at the south end of the south county regional water treatment plant. The reason for those injection wells is for the deep injection of the concentrate stream from the reverse osmosis water treatment plant. That water is injected approximately 3,100 feet deep in the ground. Between the surficial aquifer and the lower Tamiami aquifer, which is where the freshwater exists in Collier County, there are several aquatards or impervious layers between the surficial aquifer, the freshwater and where we are injecting the reject water from the reverse osmosis water treatment process. So the -- that water that we are injecting in no way impacts the freshwater resources there in the area. And in fact, the Department of Environmental Protection requires us to submit routinely monitoring of the aquifer immediately above our injection zone to ensure that we have absolutely no impact even on the brackish aquifers that are located immediately above the injection zone. So I hope that I answered that question. I \vould be glad to answer any questions regarding the impacts on groundwater in the area. COMMISSIONER MURRAY: Thank you. I thought it was very important for the young lady to understand that that in no way can impact directly on her water. And she may have other issues that she Page 34 16/1A2 May 21,2009 needs to attend to. CHAIRMAN STRAIN: Mr. Mattausch, I didn't hear the word injection well come up in her discussion with this panel. I thought she was concerned about the runoff from the proposed facilities, including -- and I think she mentioned hazardous waste and other things that were happening at the proposed site that you're talking about, not one a half a mile away. Her well, having a shallow well, I think she was concerned about water contamination from runoff from this site getting into the shallow aquifer and contaminating her well, because it's only 25 feet deep. So were you -- I know you responded to something, but I didn't hear that question raised. MR. MATTAUSCH: Yeah, the third public speaker raised the issue of the injection wells. CHAIRMAN STRAIN: Are there any injection wells on this site? MR. MATTAUSCH: On-- CHAIRMAN STRAIN: The one that's on the screen right now, are there any injection wells on that site? MR. MATTAUSCH: No. CHAIRMAN STRAIN: Okay, is there -- do you want to explain if there's any possible water contamination from this site. Can you just -- MR. RODRIGUEZ: Sure. CHAIRMAN STRAIN: For the record. MR. RODRIGUEZ: For the record, Dan Rodriguez, your Solid Waste Director. To have an understanding of a landfill permit, there are very strict regulations. Every quarter FDEP comes down to our site. Majority of the time it's unannounced, and they do inspections. Additionally, we provide reports to them quarterly of monitoring wells throughout the facility. In the perimeter, through the center, around the cells. This -- the Resource Recovery Park will have the same requirements. We will have the necessary infrastructure to ensure that we contain any materials that mayor may not spill. But I can tell you, from our current activities we don't have those issues. We don't have gasoline spilling on the ground, we don't have oil spilling or paint, things like that. CHAIRMAN STRAIN: And I concur with that. I use your hazardous facilities, and I can tell you, your hazardous facilities are impeccable. So I -- MR. RODRIGUEZ: And we'll have all the appropriate -- CHAIRMAN STRAIN: -- commend you for that. MR. RODRIGUEZ: -- berms. Thank you. CHAIRMAN STRAIN: Your monitoring wells, though, in order to get keep the public's concerns at bay, do you have any monitoring wells along your northeast perimeter property lines? MR. RODRIGUEZ: We do at the landfill, yes. CHAIRMAN STRAIN: Are you going to be putting in any to monitor this facility? MR. RODRIGUEZ: We will. CHAIRMAN STRAIN: Okay. Do you use a benchmark to start with? MR. RODRIGUEZ: We do. CHAIRMAN STRAIN: Is it the current -- the first day, or is it past years -- what's your benchmark? When do you set your benchmark, the day you go in and put the monitoring well down before anything hits the site? MR. RODRIGUEZ: Yes. CHAIRMAN STRAIN: Okay. I don't know how -- you had just talked about working with your neighbors. You might want to get together with the people that spoke and provide them at some time in the future the benchmark contaminants and then that level that's reached after a year or two in operation or Page 35 "". - '__"OO~_'W_';J_';'_'-"'_"'''---'''-'_,m ,. /- ~ A 2 t I --'<"'- -- May 21, 2009 · 1 however often you monitor your wells so that they can rest assured that you're not contributing any further to any degradation of their water quality. MR. RODRIGUEZ: Absolutely. And as part of an additional measure we work closely with the Pollution Control Department who actually lays out the protocols for us. Absolutely. MR. MULHERE: Mr. Chair. can I-- CHAIRMAN STRAIN: Yes, sir. MR. MULHERE: Could I just -- is that on? Yeah, okay. Bob Mulhere for the record. I just wanted to bring to your attention a couple of items that we had a discussion in the back of the room about with the staff. We're going to be constrained to not change the existing preserve, because if we did we would be required to resubmit an EIS and probably go back to the EAC. I'm not sure about that, because I kind of think the Board of County Commissioners could do that without sending us back there. But that's basically what the discussion was about. Having said that, this then will be additional area. But we can add, we just can't change or reconfigure or reduce the preserve, you follow me? So we're going to have to put another acre and a half of preserve as a result of acquiring this -- an acre and a quarter preserve as a result of acquiring this two and a half acre parcel. Which we agreed in talking to staff we could probably accommodate that in this area here. So some of that will be preserve. The balance of it we'll probably just call a buffer. Still be 200-foot wide, you know. CHAIRMAN STRAIN: But you could call it preserve because you can add to, you just can't take away, right? MR. MULHERE: Yeah, but the problem there is trying to cross it for connection to -- CHAIRMAN STRAIN: No. no. your preserve in that location would stop at 31st Street right-of-way, then start again on the south side -- MR. MULHERE: No, I know. But what I'm saying is we need to put a discharge across the preserve from the lake, which will be here. to the canal. And from what I'm being told, we couldn't do that if it was preserve. CHAIRMAN STRAIN: Unless you ironed it out as an easement when you created the preserve. MR. MULHERE: I'm just saying, we may want to just call it a buffer. It won't matter. We won't add it to our preserve acreage, we won't touch it. It will function the same way, but we'll be able to -- I'm just saying we have to figure that detail out. CHAIRMAN STRAIN: Okay. but I think you need to with staff before it gets here because-- MR. MULHERE: Yes, I understand that. CHAIRMAN STRAIN: -- the expressing -- well. I heard specifically the concern that they're worried about some of these preserves going away in the future. The GMP restricts you to 50 percent. We're asking you, by adding 200 feet now to probably create more than what you're required to do by the GMP. We would hate to see you now come back and be able to remove that without -- because it is effectively inconsistent with the GMP at that point. MR. MULHERE: Well, I'm glad you raised that. Because although the GMP is a difficult process to change, too, I think we're required to put a conservation easement in perpetuity over the preserve area. So that's even more difficult to change than the compo plan. CHAIRMAN STRAIN: Okay. But between now and consent-- MR. MULHERE: I understand, yeah. CHAIRMAN STRAIN: -- you need to find a solution to the -- how you're going to -- what you're going to call that 200 feet. MR. MULHERE: Agreed. Page 36 J. 6 'I 1 ~ 2 May 21,2009 CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: Mark, just -- CHAIRMAN STRAIN: Mr. Schiffer, then Ms. Caron. COMMISSIONER SCHIFFER: Just for understanding, Bob, what you're saying is that, you know, these are conceptual plans. You couldn't vary the preserve boundary in the slightest? In other words, just come around and chisel off -- MR. MULHERE: Yeah, I think we could do that. COMMISSIONER SCHIFFER: Yeah, I think you can. MR. MULHERE: Yeah, I think we can do that. MS. ARAQUE: Staff agreed that minor changes are not going to be an issue that would require them to have to go back to EAC. Sorry, Summer Araque for the record. COMMISSIONER SCHIFFER: Because like in the center of the site, I could imagine some ofthat raising up and keeping you the same area. The intent is not to take your area of development, the intent -- MR. MULHERE: No, I-- COMMISSIONER SCHIFFER: -- is to protect the neighbors -- MR. MULHERE: Actually to add more in this case. COMMISSIONER SCHIFFER: It will add more area? MR. MULHERE: Add more preserve area. COMMISSIONER SCHIFFER: No, but I'm saying, the intent is not to remove developable area, it's just to reposition preserve. MR. MULHERE: Well, I know that was the intent, but then we had this discussion. So we'll-- COMMISSIONER SCHIFFER: But slightly slivered. Take 10 percent, sliver it around -- MR. MULHERE: Yeah, we can do it. I did want to just put on the record that the site plan that I showed you that we had the discussion about, Commissioner Caron, does show the relocated hazardous waste material site. From the original one that was in your plan. COMMISSIONER CARON: I can't read this. So this is the new plan? MR. MULHERE: That's correct. COMMISSIONER CARON: This is the new plan -- MR. MULHERE: That's correct. COMMISSIONER CARON: -- which we don't have here. MR. MULHERE: That's correct. But we will use that plan when you reconfigure it, and so you will have it. COMMISSIONER CARON: So just tell me, because I can't read this, still the small lake, closest to that is still administration. What's this next box over that goes all the way from the -- what does it say? You can't read it either. MR. MULHERE: And I can't read it. MR. RODRIGUEZ: Yeah, that's the material recovery facility -- MR. MULHERE: Oh, yeah, that we discussed. MR. RODRIGUEZ: -- for future recycling. MR. MULHERE: That didn't change. COMMISSIONER CARON: Okay. MR. MULHERE: That didn't change. Page 37 7- 1A2 May 21, 200~ ~, COMMISSIONER CARON: All right. Well, yes, it did, because it goes n MR. MULHERE: All the way up, right, it goes all the way up. COMMISSIONER CARON: -- the typical space. And then the next is still white goods and tires and hazardous waste -- MR. MULHERE: Correct. COMMISSIONER CARON: -- right? And then everything else remains the same. MR. MULHERE: Everything else was the same, correct. COMMISSIONER CARON: Thank you. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: And Bob, just for the record. you've added that small two and a half acre site in, but do all the studies cover that? For example, there couldn't be a panther clubhouse on top of a burial mound there, could there? MR. MULHERE: No, I think we're okay there. CHAIRMAN STRAIN: Okay, any more questions of the applicant? (No response.) CHAIRMAN STRAIN: Hearing none, we will close the public hearing. And before we entertain a motion. we need to have discussion. And Bob, we may need to get your comment as we go through some of these items. I have a list. I can read it if the commission so desires. The first one would be no permanent access on 31 st Street, but a temporary access only upon a declared emergency through a FEMA directive. Number two, staff recommendations would be included, with the exception of number six and number nine. Number nine has the -- dealing with the EAC SDP and number six is the one Kay said wasn't necessary anymore. Number three, they would retain the same hours of operation of the landfill. Number four, they would include the 2.75-acre site that they -- as part of this project; incorporate that in for a consent agenda review. Number five, all recycling processing machinery will be located in closed buildings. Number six, all individual site designs will incorporate drive-through designs as much as possible to minimize backups. Number seven, they will retain a 200-foot preserve buffer along the western edge of the property. Minimum 200. And that just applies to all the western edge, it doesn't have to be defined as to where it starts and stops now. And number eight, they'll modify the site plan pursuant to the real plan that they presented today, along with the changes made for the consent agenda review. Now, is there any comments to those? Mr. Wolfley? COMMISSIONER WOLFLEY: Yeah, I wanted to add one. And that's what I was going to do with my recommendation, if I'm allowed to do so. That in the yard waste and storm debris area, if any processing or crushing, whatever you do with that waste, could be done on the south end, whereas it would be piled on the north end and then processed on the south end, that would buffer much of the noise to the neighbors to the north. That was going to be my only other recommendation. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: Mark, I n CHAIRMAN STRAIN: Go ahead. Is it about his remediation, or are you -- Page 38 16/ lAp May 21,2009 COMMISSIONER SCHIFFER: No, no, no. CHAIRMAN STRAIN: Well, let's finish that first. Bob? MR. MULHERE: I didn't catch all of that because I was -- CHAIRMAN STRAIN: He's suggesting that if you have any processing operation involving the yard waste, that it stays on the south side of that the site, not to the north. MR. MULHERE: You mean -- COMMISSIONER WOLFLEY: So that the piles that's brought in quite quickly is on the north side of that 72 acres, and the processing be done on the landfill side. MR. RODRIGUEZ: Again, Dan Rodriguez, your Solid Waste Director. Where it's applicable, we will move the staging areas for debris to the north side. COMMISSIONER WOLFLEY: That's right. And the processing to the south side, which would be closest to the road. MR. RODRIGUEZ: And that's probably the most practical place to locate that operation. COMMISSIONER WOLFLEY: Yes. MR. MULHERE: We did have another question on your one condition, which is I think number five. CHAIRMAN STRAIN: Let me finish up this one so we get it worded right. Under the yard waste processing, it will be as much as possible to the south side, but with the staging to the north side, okay? Does that summarize it? Good. Now Bob, what were you saying? MR. MULHERE: On number five, all machinery will be located inside an enclosed building. We're talking process machinery. Right now there are grinders that operate outside for recycling purposes. CHAIRMAN STRAIN: My concern is whatever -- and Mr. Rodriguez, it was what you said at the meeting. And I -- Mr. Rodriguez commented that the recycling processing would be located in a closed building setting (inside a building.) MR. RODRIGUEZ: Sure. As it related to the MRF, material recovery facility. Again, I was being specific to that function. It would not be reasonable to have our grinding machines, our processing machines housed indoors when they may be temporary due to an event, or if we're recycling white goods. But the actual processing of the recyclables, turning them into a reusable material, something different than what they came in as, yes, those would be enclosed. CHAIRMAN STRAIN: You said earlier, though, you could hire a vendor, and some vendors do it in the open and some vendors do it inside buildings. What were you referring to when you made that comment? MR. RODRIGUEZ: Well, it depends on the technology and what they're recycling. For instance, if you're recycling tires, you have equipment that actually separates the rims from the tires, then you have another machine that actually chops up the tires, and then you have machines that bails the tires, things like that, get it ready for transportation. We may get a vendor that comes in that has a whole new system that does it all at once. You put it on a conveyor belt, it goes into a big box and it comes out, you know, a big square cube of reusable rubber. It just depends on the application, the technology. What we don't want to do is limit the opportunity for the county to take advantage of many of these new emerging technologies. CHAIRMAN STRAIN: Okay. Do you have any problem with the incorporating to the greatest extent possible the design regarding the no -- minimizing backups, doing turnarounds inside all those areas where you're going to have dropoff points and things like that so we can minimize traffic backup?uMR. RODRIGUEZ: Absolutely. Your recommendations to include access, horseshoe access, Page 39 I~_~'.."...-~-~-~...._--_..._,- 16 '12 : J:'.'; I '...:4 ]'1 . May 21,2009 ~ things like that, absolutely. It's more advantageous to us. Any time a vehicle backs up, we have a safety factor involved. But I need to make perfectly clear that we don't want to water dovm the safety measure of removing those backup alarms, things like that. Because we have had accidents. MR. MULHERE: We can design to minimize backing. CHAIRMAN STRAIN: Okay, I understand what you've clarified. Does everybody else? Mr. Schiffer, do you have something? COMMISSIONER SCHIFFER: WelL my question was number five. Because I don't think that's really reasonable. But are we going to leave it where some of these -- and you might want to specify what areas can have exterior, what areas can't. I mean, obviously in a storm event there's a lot of machinery all over the place that -- CHAIRMAN STRAIN: Right. But I think the way he's defined it is that the processing of the materials inside buildings, ifthey have a tub grinder or something like that that has to be outside, that's not the processing of material, that's preparing the material for processing. COMMISSIONER SCHIFFER: Okay. So if we're chipping up a tree or grinding a refrigerator, that does not have to be indoors? MR. RODRIGUEZ: That's correct. CHAIRMAN STRAIN: Yeah, I think that's what they're saying. MR. RODRIGUEZ: That's correct. COMMISSIONER SCHIFFER: I'm good with that. CHAIRMAN STRAIN: I don't know how it technically could be. I think the backup horns was a big issue because they're sharp and they have a long-distant sound. And if we can cure that problem to a great extent by this stipulation, that certainly helps. Anyway, is there any other stipulations or comments from anybody? (No response.) CHAIRMAN STRAIN: Is there a motion then? Mr. Wolfley? COMMISSIONER WOLFLEY: Yes, I'd like to recommend to the Planning Commission to forward Petition CU-08-AR-13245 to the Board of Zoning Appeals with a recommendation of approval, subject to the conditions set forth just previously discussed by the Chair. COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Okay, motion's been made by Mr. Wolfley, seconded by Mr. Murray. Is there any further discussion? (No response.) CHAIRMAN STRAIN: All I want to add is a comment. The fact that this property has been bought over periods of time for this use, it's inevitable it's going to be used for some connection to the landfill. The best we can hope to do is for is make sure that whatever use is there, minimize its impacts on the neighborhood through the designs, through the buffers, through the noise containment. We've tried to do that today. It's the best opportunity I think we have at this point and so I'm going to be voting in favor. All those in favor of the motion, signify by saying, by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Aye. Page 40 l6/1A,:> May 21, 2009 COMMISSIONER WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 9-0. Thank you all for attending. In two weeks it comes back on what's called the consent agenda. It's not a time for debate, it's simply acknowledging that staff got our stipulations correct and the final plan reflects what we said. And from there it goes on to the Board of County Commissioners, which I believe is going to be sometime in July? MR. MULHERE: We're hoping July, yeah. CHAIRMAN STRAIN: We're hoping July. And that's where the final vote will be taking place. Ours is a recommendation to them. And with that, we will move on to the next -- thank you everyone for attending on that issue. Oh, you have conditional use forms somewhere in your packet, if you can find them. We need to send those on to Mr. Vigliotti. COMMISSIONER WOLFLEY: Where did you find it? COMMISSIONER MURRAY: It's here. CHAIRMAN STRAIN: We're on the record, everybody, so be careful. Item # 10 OLD BUSINESS CAHIRMAN STRAIN: Okay, the next item on today's agenda is not a hearing presented by an applicant, but a discussion of the boat dock extension review criteria. And to bring everybody up to speed on why we're here on this issue today, a project came through a while back, I believe it was called the Monte Carlo boat dock request. They had requested an extension in Vanderbilt Beach. During our discussion -- there was a lot of discussion, and we found there was some inconsistency between the way staff was looking at the primary and secondary criteria and the way the County Attorney at the time indicated to us may apply in other elements of the LDC. And we've asked staff and the County Attorney's Office to get together, come back and clarify the issue, as has the Board of County Commissioners. And today's discussion is focused on that clarification, and that's where we should be focusing our discussion. So with that, I know we have a memo passed out by Susan Istenes. I guess we'll turn to, I don't know, Ray or who's handling it for who, or Jeff, and see if you guys have come to a meeting of the minds. MR. BELLOWS: For the record, Ray Bellows. I'm the Zoning Manager. Susan has asked me to fill in for her today on this item. CHAIRMAN STRAIN: Would you pull that mic. a little closer to you, Ray. Thank you. MR. BELLOWS: Susan asked me to fill in for her today on this item. Basically we met with the County Attorney's Office to make sure we were clear on the criteria. And the memorandum reflects the results of those meetings. Basically the criteria outlined in the LDC, the four out of five primary and the four out of six secondary criteria is what the Planning Commission and staff should be looking at and making their Page 41 _'"'_"""'""'~"""",p_,__"'.~~"".""__"_w""",,,,,,""'.".,__,_~,_~_~""'_.."'.... r_"_~ "__it iff ~.?t ~ r.P' May 21, 2009 /_,.~ recommendations based on that criteria. However, if there is an overriding health. safety, welfare issue determined by the Planning Commission, that can be used and hopefully in relation to one of the criteria to -- if it's different from a staff recommendation, you can make your own recommendation, based on health and safety. CHAIRMAN STRAIN: Okay. And I think it WOULD be best to explain to us what you mean by that by an example. And I know I've heard Mr. Klatzkow use numerous examples as to how one point, even if it fails to meet the one point, it's so abhorrent maybe we don't want that one, maybe we still wouldn't see our way to find approval. MR. KLATZKOW: Well. if you go through the primary criteria, for example, let's see, C says that whether the proposed dock facility has an inverse (sic) impact on navigation. And I think if you find it's going to have an adverse impact on navigation. just based on that single criteria alone you could deny the petition, all right? There's another one where the proposed dock facility protrudes more than 25 percent to the width. And if you're saying well, we think that the public safety in this instance requires that you stay within that 25 percent of the waterway boundary, you can deny it on that case. So going through the criteria, if you believe one of the criteria is such that it impacts the public health and safety, you can vote against it based on that one criteria. CHAIRMAN STRAIN: Okay. MR. KLA TZKOW: If they meet everything else. If it's impacting public health and safety, that's the end. CHAIRMAN STRAIN: But see now, when we make a negative finding, attached to that negative finding we have to explain ourselves. MR. KLATZKOW: Yes. CHAIRMAN STRAIN: So in the case of the 25-foot extension in 1 DO-foot waterway, we felt that that was too much, even though it was only one of the criteria. And we thought there was a public safety and welfare issue and -- for reason for denial. How detailed or how acknowledged do we have to know that public safety and welfare issue as being stated? Is it just a feeling we have or do we have to have some kind of expert proof? Or where are we with that? MR. KLATZKOW: Well, you're going to have testimony, you're going to have a staff report. You're going to -- I mean, there's a public hearing process. You're going to have a lot of information before you, and then you make a finding. You may say that, you know, based on what I've heard it's my finding that this negatively impacts the public health and safety because it intrudes more than 25 percent or it's impotent to navigation or whatever other issue there might be. CHAIRMAN STRAIN: Okay. Mr. Murray? COMMISSIONER MURRAY: Mr. Klatzkow, suppose someone well intended considers that a health, welfare -- health, safety and welfare matters concerns -- are concerned with size of boats in a given area or number of boats in a total area. Is that justifiable as a basis as a determination made by an individual, absent any probable evidence that would be presented? MR. KLATZKOW: Staff and I had that discussion. And one of the problems we had was we really don't know why we have a 20-foot dock requirement anyway, all right? And my staff went through the history of this and it goes back decades. And we can't figure out why we even did this. We're not going to impose our belief on why this was, we're simply going to say that if you think that increasing the dock more than 20 feet into the waterway in and of itself impacts public health and safety, you can deny it. If you don't think it impacts public health and safety, then you go by the regular Page 42 1L.1 l1A2 ~~1, 2009 criteria. COMMISSIONER MURRAY: Well, I don't think you $swered the question I asked, but I'll try once more. In other words, if someone well intended on the board thought that there were too many boats in a given area and they thought of that as being a safety issue, would that be grounds? MR. KLA TZKOW: No. Because everybody's entitled to a dock. COMMISSIONER MURRAY: It's just a question of20 feet. MR. KLA TZKOW: It's just a question of 20 feet, yes. COMMISSIONER MURRAY: And that's an important factor I think. Thank you. CHAIRMAN STRAIN: Anybodyelse? We're going to have some public speakers too, so we're going to get their input before we wrap this up. Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: And Jeff, I guess the big thing is is the scorecard method. One thing I did find when looking back, in the recodification this one sentence was dropped in the extension criteria. And it said that the Planning Commission shall base its decision -- it shall base its decision -- for approval, approval with conditions or denial on an evaluation of the following primary and secondary criteria. So doesn't that essentially say we stay within that criteria? MR. KLATZKOW: Yes, you stay within the criteria. But what I'm saying is as you're going through the criteria, all right, if one of them jumps off the page on you impacting public health and safety, that's in and of itself enough reason to justify your vote for no. COMMISSIONER SCHIFFER: And in the scorecard method we would say no to that criteria. What you're saying, though, is that one criteria could be such a bad no that that would be the reason why you could overrule -- MR. KLATZKOW: Yes. COMMISSIONER SCHIFFER: -- a positive score on their scorecard. MR. KLATZKOW: Yes. COMMISSIONER SCHIFFER: But you would be able to state that that one is -- MR. KLATZKOW: Yes. An example I give is you've got a 100-foot waterway and you want to put one out 70 feet, you know. And it's -- you know, it may only impact one of the criteria, but it's enough for you to say no. It's impotent to navigation. COMMISSIONER SCHIFFER: And then I think what probably would make sense, and Ray, you could look at this is that you know how with a conditional use, like the form we just filled out? Maybe it would be appropriate for you to prepare some quick form that we use. Because the problem happens is that we make decisions, they go to the other board, and I think the board -- when it's appealed to the board, that's the only way it goes there, they really have a hard time figuring out what it is, or they really want to know why it is that we went the way we went. And I think some of the confusion is that we've got to come up with a format to deliver our decision where they can see that. MR. BELLOWS: I want to make sure I understand. You have the criteria, the primary and the secondary, and you want that turned in more into like the conditional use application where there's a checklist for the Planning Commission? COMMISSIONER SCHIFFER: Correct. Because essentially -- and Jeff, correct me if I'm wrong, the way it's set up without us revising the code today, it's set up that that checklist is supposed to mean something, that we're supposed to score exactly that checklist. We'll come up with a score. Then what Jeff is saying, if something is so out ofline on one of those Page 43 _.ll'I"" . '__""'___'_"'~'~"m._'.""',""_'''___""~_._~",""_"",,,,, ',"'I' , >! 13 I'.'~ /~ 1 i\ t': May 21,2009 , ~ ~. :,~ ..... elements, that alone could be reason to deny it and you would note as such, correct? MR. KLATZKOW: I would ,-"rite dO'-"TI -- ifhe's giving the scorecard, I would just write it down. Or when we take the vote, state it for the record I am voting against this because. COMMISSIONER SCHIFFER: And then -- okay. CHAIRMAN STRAIN: Yeah. I would rather we just use like the format we have and just state for the record. We can be more flexible and more fluid in our statements -- MR. KLATZKOW: Yes. CHAIRMAN STRAIN: -- rather than try to interpret. It might be minimized too much on a piece of paper, Brad. COMMISSIONER SCHIFFER: Well, yeah. But I think -- in other words, but we don't want it to go to the board and then the board doesn't know why somebody voted denial. I mean, they'd never even know what our score is, so to speak, unless we state, you know, negative reasons in our-- MR. BELLOWS: As I previously stated the last time we had this discussion, the executive summary's presented to the board. In this case it would be an appeal of the denial of a boat dock that reaches the Board of County Commissioners as an appeal. That clearly goes into the reasons why the Planning Commission had recommended denial. An appeal is completely different than a land use executive summary where there's just a little section dealing with the CCPC recommendation. This is an appeal of the decision of the Planning Commission, and the executive summary goes into great detail. Unfortunately for the Monte Carlo one, it just wasn't enough information provided by the Planning Commission that gave the Commission enough information to listen to the appeal, and that's why it was remanded back. I think the purpose of the clarification we had with the County Attorney's Office is to help provide the guidelines where the Planning Commission can adequately make those decisions. And I think the clarification that Jeff just provided, that if you have one overriding concern that you still want to recommend denial, even though it's only one item that's in disagreement, you can do so. CHAIRMAN STRAIN: Mr. Schmitt? MR. SCHMITT: Yeah, Ijust want to reiterate again, when the staff reviews, it's based on the criteria. And I'm going to follow up with what Ray said. But the Planning Commission's job is to review the staff analysis. That's where -- I somewhat use the word -- subjectivity comes into play. It's not adding additional items for review, it's reviewing the staff analysis and whether the analysis done by staff, you either agree or disagree with it, then you would comment. During the appeal process, your comments -- and I'll follow up ifthere's a comment saying through health, safety and safety welfare we believe -- or due to whatever statement that the -- this is a hazard to navigation. In an appeal staff may respond to that, or we may get professional evidence from the applicant to refute that. We will put that then in the appeal. So we would note your reasons. And normally it's up to the applicant to then provide evidence to refute your assessment, unless you got something to back up your position. And that follows up with what Mr. Murray said. But normally -- and don't forget, you're one piece of the process. Many of these boat docks go through the state. The federal government is really the one responsible, from the standpoint of hazards to navigation. They normally through a general permit type activity defer to the state. The state does review for those type of entities like hazards to navigation or other type of activities. That's -- though it's included in ours, it is not something that we evaluate. I don't go out and get a statement from the Corps of Engineers because they're the ones really responsible or the Coast Guard or as Page 44 16/1A2 j May 21,2009 Mr. Murray said at one time we talked about a number of boats. We don't -- there's no concurrency or anything like that where we evaluate number of boats. But so you understand the process, you review and -- you review the staff analysis, and then that's where you basically agree or disagree. And if it goes through an appeal, then we comment on your comments. We as staff would comment. But normally that's input from the applicant and the appellate process. Hopefully that made that clear. I do want to point one thing else -- one other thing, and Mr. Schiffer brought it up, but he did allude to the fact that at one time there was a discussion about a checklist and not bein!tus~ as a checklist. We did an exhaustive search ofthe records. We found nothing that we could find where we discussed that. I know there was some discussion at one time when we talked about boathouses, which was a different argument and a different discussion, and we talked about view. But we couldn't find anything in the record where we said this was not a, for lack of a better term, a checklist. MR. KLATZKOW: I read every transcript that there was between the Board of County Commissioners and the Planning Commission from the time the recodification on. I couldn't find anything in any of the transcripts. COMMISSIONER SCHIFFER: We have been going back and forth, Joe. The thing that I thought it was out was when we did the 2006 there's a first hearing and a second hearing. All's I've seen is the second hearing. I've never seen, you know, the dialogue at the first hearing, which is when we would have discussed that. So -- I mean, but that isn't important. Because what -- you know, sending me the second hearing what it showed is that essentially we were bringing something that was dropped in the recodification forward anyway, so it wasn't an LDC change, it was just pulling that forward. I think it's too bad we didn't pull the words I read today along with it, because that would have eliminated the confusion on the scorecard. Because it essentially is saying that you do use that as a scorecard. MR. SCHMITT: Now, if there's something that this body wishes to include, we can certainly entertain that and look at that for a future LDC cycle, if there's something that you believe -- and I think Susan alluded to that in her-- MR. BELLOWS: Yeah, she gave options. MR. SCHMITT: -- document as well. There's options that we presented to you. And also, we could look at how do we make this, if you want to use the word, a better process in your eyes. Certainly it is somewhat onerous in some field, because if it meets the criteria, could it be administrative. Then again, this -- the board has empowered you to make the decision on these. And it depends, we'll take the lead wherever you want to go with this. CHAIRMAN STRAIN: The funny problem is, you're all talking like the process is broken. I don't see it broken. I do know that this is a big county and what we do with our Land Development Code applies to far more areas than just one neighborhood in all of Collier County. But there is one neighborhood that has continued problems with boat dock issues. MR. SCHMITT: Yes. CHAIRMAN STRAIN: That's -- I can't blame them, they've got a difficult time up there. And for lack of having a level of service and concurrency element in our waterway up there, I think they're going to continue to have a good enough big time -- a problematic time. So instead of looking at trying to fix a county-wide problem that isn't a county-wide problem, we have an area that has an overlay. Why don't they incorporate in their overlay some specific language to what they would like to see in dealing with docks in their area. Maybe then the rest of the county can go on its merry way like they've always been. Page 45 t"l \~ Pl Ma; 21: 2JJ12 {Ilf So I'm just throwing that out as a suggestion. I know some of the neighbors from that area are here. It's intended as a productive suggestion, not as a criticism. Because as each area in the county evolves, they have different unique circumstances, and they may not -- we can't -- we're not generic enough across this whole county to be applied maybe in the same way. Now, with that in mind I want to ask Mr. Klatzkow for one clarification. You had said that we can vote based on public safety and welfare on information that we have received during testimony or from staff or whatever. Could we also vote based on information we did not receive? Meaning if we did not have enough information to support a position, would that be a reason to have a concern for public safety and welfare? MR. KLATZKOW: Yes. CHAIRMAN STRAIN: Thank you. MR. KLATZKOW: The overriding purpose of this Planning Commission is to protect the public health and safety. CHAIRMAN STRAIN: Perfect. Thank you, sir. MR. SCHMITT: Mark, if I could-- CHAIRMAN STRAIN: Yes, sir. MR. SCHMITT: -- comment on that. That would be a basis where staff n you would comment that staff conducted its analysis and was insufficient in providing information. And that could either lead to a denial or to a rehearing or whatever, yes, absolutely. CHAIRMAN STRAIN: Understand. Okay, Brad? COMMISSIONER SCHIFFER: Let me just try. Let's just make this a hypothetical. Let's pretend we have a body of water, there's a centroid, a riparian line is actually going out across in front of another property. Port of the Isles has these kind of sites. And we have in the past approved them. They come out pretty far. If everything passed on this thing except for the fact -- and it's a secondary criteria, even though in the scope of the dock facilities it's listed as one of the main reasons for this event. If in fact we felt it wasn't fair to block the view of that site with this guy's dock, would that be reason alone that somebody could not do that? In other words, he wants to keep going further out. Some of these have gone out in the eighties of feet to hit the water. MR. KLATZKOW: Yeah, I hate to view criteria, because it is the most subjective criteria we have. I would say no, that's not a public health or safety issue. COMMISSIONER SCHIFFER: And which is why I guess it's a secondary criteria. CHAIRMAN STRAIN: Why don't we -- if it's okay -- oh, Ms. Caron? COMMISSIONER CARON: I just wanted to make a comment that I think our code is pretty clear. Because if you look under dock facility extensions, it says that this commission may consider it appropriate to extend them. Not that we shall. not that n any. It says we may. So I think, you know, we're arguing over something for nothing. CHAIRMAN STRAIN: Okay, I'd like to hear from the public. Is that okay with everybody at this point? I don't know how many members of the public wish to speak. Do we have sign-in sheets, Ray? Twenty-five? MR. BELLOWS: No. CHAIRMAN STRAIN: I was going to say, that's a hot issue. MR. BELLOWS: Five. CHAIRMAN STRAIN: Five. okay. Page 46 1.6i1A2 / May 21,2009 As your name's called, you all know the rules, just please come on up, identifY yourself, and we ask that you try to limit the five minutes, and we'll certainly entertain your comments. MR. SCHMITT: Rocky Scofield. MR. YOV ANOVICH: Can I go before Rocky? MR. SCHMITT: Rich, you want to go first? All right, Rich, then Rocky. CHAIRMAN STRAIN: Good point. Everybody that wishes to testifY on behalf of this item, please rise to be sworn in by the court reporter. MR. YOVONOVICH: I've never understood that on a legislative matter, but okay. (Speakers were duly sworn.) CHAIRMAN STRAIN: It's just because you were walking up first, Richard. MR. YOVONOVICH: Good morning. For the record, my name's Rich Y ovanovich, and I'm representing Monte Carlo, not on their specifics of their petition today, obviously since we'll be hearing -- we'll be in front of you at the next Planning Commission meeting. But here to understand what the rules of the game of that meeting is going to be. I prepared a pretty extensive document when I represented Monte Carlo in the original appeal. I don't know if it's been provided to you or not. But I'll basically go through what I argued to the Board of County Commissioners. And I think what's happening is we're forgetting what the purpose of 5.03.06(C) of the LDC is, which is the boat dock extension provisions and the 20 feet. What you start with as a framework of if you live on the water by right we're going to give you a 20- foot boat dock out into the water, you get that as a matter of right. If you want to go beyond that, you have to meet certain criteria, and then you can go beyond that level of protrusion out into the water. It is not a variance, it is similar to a conditional use. It is you're asking to do something that you're allowed to do but go further out into the water in this particular case. So you don't have to prove hardship. And people keep talking about you've got to have some kind of a hardship to go more than 20 feet out in the water. No where in the LDC does it say that, and nowhere in the criteria for that LDC does it say you have to do that. Mr. Schiffer pointed out some ofthe legislative history. And what ended up happening is originally we had these criteria back in the early Nineties and through the Nineties that led to a lot of confusion as to what is the Planning Commission supposed to look like in approving a boat dock extension beyond the 20 feet that's allowed in the code. So we had the criteria that talked about the primary and the secondary. And you had to pass four out of the five of the primary and four out of the six of the secondary. And then if you did that you can go out more than 20 feet. And that was codified into the Land Development Code. And then we did the recodification process in 2004, and some stuff was dropped out through that recodification process. But if you look at the legislative history, it was always the intent that if you -- these criteria were just that, they were criteria to get an extension beyond the 20 feet that you have as a matter of right. As a property owner and as a representative of property owners, I have to have the ability to tell my property owner what they have to do to be able to go beyond 20 feet. And these criteria were established for that purpose. These criteria are your public health and safety welfare standards. If you meet these criteria you have satisfied the public health, safety and welfare standard. Because keep in mind, government cannot adopt a law unless the basis of that the law is to protect the public health, safety and welfare. So you have a rule that says you can only have 20 feet and you can go beyond that. That's the law, that's the public health, safety and welfare. So you have these criteria. We go through, and it's my burden through my representatives, to put in the record how I've Page 47 .~ ~ 2 ':-,'~ r?, " r' IJ to' ~ j ", ., p at ~ Ii ." M~y 21, 20m> ~ satisfied the criteria. Once I've done that, the burden then shifts to others to prove through competent substantial evidence that I have not satisfied those criteria. The law says I have to be able to advise my client. It can't be arbitrary, can't be capricious, it can't be the whim of the Planning Commission. What I'm hearing today is is that I could satisfy the criteria and that may not be good enough. Well, that can't be. I mean, I've got to have definition for my client. I've got to be able to explain to my client what they've got to do to satisfy that. Otherwise your law falls on its face. It's arbitrary, it's capricious, it's not specific enough. You can't have that. So certainly those standards were there to identify what you have to prove to get to the level of going beyond 20 feet. I don't understand this okay, you can meet the criteria. And I asked the question to the Board of County Commissioners, ifI satisfy all of them can I still be tumed down? I seem to get the answer, it was well, you know, if there's some other reason, yes. Well, I ask the question now, ifI satisfy all five of the primary and all six of the secondary, can I still be turned down? Based upon the advice you're getting today, and I'm not certain, and I need to know how this may be -- play out in the future, it certainly can't be the right answer. If I've satisfied four of out of the five and I've satisfied four out of the six, what additional criteria, so I can tell my client this is what you've got to look at. And be objective. Because I need to know the objective standard of health, safety and welfare. If you want to have some kind of level of service, go out and do a study, adopt a level of service. That seems to be what I'm hearing in a lot of this part of the county is that they're worried about draft the boats, they're worried about how many boats are out there. Yet there's no objective standard that's being portrayed or brought forward. Until you have that, you can't -- we shouldn't be getting into that area. We need to look at these criteria, I need to tell my client this is what you've got to satisfy, and once you do that, you get to move forward. Otherwise, I don't know how to advise a client what they have to do to satisfy the Land Development Code. And I don't think that was the intent or what the words of the code said. I think you have to follow -- you have to satisfy four out of five and four out of six, and if you do you get approval, and if you don't the board or the Planning Commission can deny it and then ultimately the board will decide on appeal, but it is those criteria. CHAIRMAN STRAIN: You said you created a paper for your position in regards to Monte Carlo that went before the Board of County Commissioners? MR. YOVONOVICH: Yes, sir. CHAIRMAN STRAIN: Would you mind e-mailing that to the Planning Commission? MR. YOVONOVICH: I don't mind, but keep in mind, a lot of it's fact specific. But I do give a legislative history of how we got to where we were in that analysis. CHAIRMAN STRAIN: It would be nice to read it for background. MR. YOVONOVICH: Sure. CHAIRMAN STRAIN: It's public record, I don't -- MR. YOVONOVICH: It is. I'm happy to send it to you, I just -- CHAIRMAN STRAIN: Please do. MR. YOVONOVICH: -- wanted you to know there's -- CHAIRMAN STRAIN: If you want to send it to Ray so he can then send it to all of us, that works better. Then staffs got a record of it as well. MR. YOVONOVICH: They have it. It was in the appeal that went to the board. CHAIRMAN STRAIN: Either way you want to do it. Page 48 16-'-1,~? C.:::J L a ~."':.)"'ll May 21,2009 COMMISSIONER SCHIFFER: Mark? CHAIRMAN STRAIN : Yes, sir, Mr. Schiffer, then -- hold on. COMMISSIONER SCHIFFER: Rich, let me ask you a question. CHAIRMAN STRAIN: Then Mr. Kolflat after that. COMMISSIONER SCHIFFER: And I'm starting to get really genned out on this topic, believe me. And after going back and reading it, I think it is a checklist now. I'm going to support a checklist. I think everything you said is 100 percent right. But why do you think it comes before the Planning Commission? MR. YOVONOVICH: You know, I meant -- I left that out of my presentation. You all -- and Joe brought it up. You are essentially -- if we were in a court system, you're the trier of fact. You're the jury. I have the burden to submit a petition. Staff will analyze that petition and I'll go make my case to you. If someone from the public comes forward and says you know what, it does impact, we are extending out into a channel, even though my data says something it doesn't. If they can provide you evidence that my data is incorrect, then you are the trier of fact and you decide whether or not I satisfied the criteria. If I don't satisfY the criteria, you should turn me down. But if I satisfY the criteria, you should approve me. You're the trier of fact. The board has decided for these types of approval, they want you to be the trier of fact instead of staff being the trier of fact for satisfYing their criteria in the Land Development Code. That was their process. You're the judge. COMMISSIONER SCHIFFER: Okay. So our job in this thing -- and the reason I'm focused on it, this is the only thing the Planning Commission does that it has final judgment on. But every one that we overrule gets appealed, so essentially we don't. The point is that our job solely is to check the homework -- I'm being sarcastic -- MR. YOVONOVICH: I understand that. COMMISSIONER SCHIFFER: -- of the staff and that's our job. If the staff says that the waterway is 200 feet and we think it's 210, we discuss it. If it's 150, we discuss it. And that's our job. MR. YOVONOVICH: No, your job -- that's part of it. But if the public comes in and says listen, I've got this following other evidence on the criteria that contradicts -- and it's got to be competent evidence -- then it's your job to decide which evidence is the correct evidence. It's no different than when you make -- you just made this last recommendation on the conditional use. There were criteria. The applicant submitted information on those criteria. Your staff evaluated that. You heard public testimony. Did they satisfY the criteria? You made a recommendation of approval, yes, they satisfied the criteria. Now in this case instead of making a recommendation for approval you're saying yes, the applicant has satisfied the criteria and we're going to grant approval, or no, the applicant hasn't satisfied the criteria so we're going to deny. That's the difference. And the board for whatever reason decided that you needed to make that decision instead of it being a stafflevel decision. And I saw that one of the alternatives was to basically turn it into an administrative process like an SDP. COMMISSIONER SCHIFFER: And I'm really starting to support that for the simple reason that, you know, something could really bother us, which it has in the past, yet it didn't trigger the scorecard enough to really make us be able to legitimize a denial. And so why are we even doing it? I mean, you know, usually view is the issue. Usually a neighbor comes in and says, if you let this guy come out that far he now has the ability to put a boat cover on it, he now has the ability to put a boat dock -- I mean, a boathouse ifhe wanted to on it, and -- I mean, so it ends up being a discussion where the neighbor's upset about view. I mean, the criteria are pretty objective. Page 49 ...... oLA2' ~: l~J 1 0 May'21, ~ ' .. I mean, so I'm really wondering why we're even doing it. MR. YOVONOVICH: And that's a policy decision for the board to decide. Maybe staff makes the decision and someone's unhappy with that the appeal would come to you, I don't know. But it's set up right now for you to make sure I passed each of the steps. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Mr. Kolflat, then Ms. Caron. COMMISSIONER KOLFLAT: Mr. Klatzkow gave an introductory comment about how he recommend we analyze this. I gather from your statement is you do not agree with his -- MR. YOVONOVICH: I don't think you can say that I fail one ofthe five criteria on the primary and turn me down. MR. KLATZKOW: Well, you're saying that if you create a navigational hazard but if you meet everything else you get it. MR. YOVONOVICH: Wbat I'm -- MR. KLATZKOW: What I'm saying is that that is preposterous. CHAIRMAN STRAIN: Jeff, your turn will come. We've just got to --let's take it in order here. Mr. Kolflat -- MR. YOVONOVICH: Jeff, I would venture to say if we are building our dock into a marked channel, we would be failing one of the other criteria like interfering with our neighbor's use of their own dock. MR. SCHMITT: That's correct. MR. YOVONOVICH: So we would fail two. we wouldn't fail one. I think your hypothetical, like they teach us in law school, is to go to the farthest -- CHAIRMAN STRAIN: Richard, focus on answering -- MR. YOVONOVICH: -- spectrum versus -- CHAIRMAN STRAIN: n Tor's request-- MR. YOVONOVICH: Okay, I will. CHAIRMAN STRAIN: -- not JefT. Okay, you're addressing your issues to the Planning Commission n MR. YOVONOVICH: I understand. CHAIRMAN STRAIN: -- and Jeffs going to have an opportunity to rebut and that's the way it will be. MR. YOVONOVICH: Mr. Kolflat, I don't think that the hypothetical that was posed to you is a hypothetical that's real word. If you do go into a marked channel. which is a navigation issue, you will also be interfering with your neighbor's ability to use those docks, so you'll fail two out of the -- two of the primary and, therefore, you would fail. COMMISSIONER KOLFLAT: But you're saying if it's a hypothetical, what if that hypothetical comes to fact, true? What is my position? What side should I take as far as taking advice? Do I take guidance that you're giving me or do I take guidance the County Attorney is giving me? MR. YOVONOVICH: Well, you know what my answer's going to be, so I don't want -- I don't want to put Jeff or myself in that position. What I'm saying to you is, and I -- COMMISSIONER KOLFLAT: I'm in the position, you're not. MR. YOVONOVICH: -- think I'm right -- what's that? COMMISSIONER KOLFLA T: I said I'm in the position, you're not. I have to make a decision on which way I should make the analysis. Page 50 16 I MahA,~9 MR. YOVONOVICH: I think you look at the criteria, and if I'm interfering with navigation, I think you'll see that I fail one of the others. So you would say I failed two of those criteria in the primary and you would say I vote against this because it fails the navigation issue and the interference with the neighbor's dock issue. COMMISSIONER KOLFLA T: Well, let me give you another hypothetical then. Let's say that the boat dock I'm planning to put in, I intend to fuel that from a truck that brings gas up to the area with a hose that's 300 feet long that can run around on the front up to the dock to fuel a tank in the boat, so forth. Is that a condition that I might see is not in the public welfare? MR. YOVONOVICH: Well, I didn't realize that one of the criteria when we submit an application is how -- COMMISSIONER KOLFLAT: It's not one of the -- MR. YOVONOVICH: -- you're going to fuel it. COMMISSIONER KOLFLAT: -- criteria, that's the point. It's not one of the criteria but it certainly affects the public -- MR. YOVONOVICH: And I would say you probably have the same issue if you have a 20-foot-- if someone's bringing fuel by a truck, you know, to fill it, that's probably, you know, a problem. I don't know, Mr. Kolflat, but that's -- you know, I've never been asked in application process how do you plan on putting fuel in the vessel. I've just never been asked that question. COMMISSIONER KOLFLAT: Well, there are several organizations in this county that deliver fuel that way and they deliver it both to condominiums and individual homeowners' docks. And that's a well-used way of delivering fuel. MR. YOVONOVICH: Well, it could be. And if that needs to be one of the evaluation criteria, you need to throw that into the mix. But it's not one of the evaluation criteria-- CHAIRMAN STRAIN: Well, I think-- MR. YOVONOVICH: -- that's in front of us. CHAIRMAN STRAIN: -- that what we could have here is we could go on all afternoon with Richard debating with each one of us these particular issues. He's going to have his issues and we're going to have ours. So we need to move forward and get everybody's concerns on the table. And then at the end of the day we'll have to walk away with some kind of conclusions. Jeff, did you want to have anything to say at this point? MR. KLA TZKOW: No. I mean, I'll stick with my point. If you think that there is an issue here that involves the public health and safety, you can deny it. CHAIRMAN STRAIN: And I'd like to make one comment to that effect as far as -- Mr. Kolflat, the County Attorney's Office is the office that represents this Planning Commission, or vice versa. They actually advise the Planning Commission. The applicant's attorneys come in all day long and they'll have all their opinions, and they're very good legal counsel. But in the end I think it's the County Attorney's Office that has to defend us in our actions, and that's the criteria that I would suggest we pay more attention to. So with that in mind, thank you, Richard and -- MR. YOVONOVICH: Any other questions? CHAIRMAN STRAIN: -- we'll hear the next speaker. MR. BELLOWS: Next speaker, Rocky Scofield. MR. SCOFIELD: Good morning. Rocky Scofield for the record. I also represented Monte Carlo, but I'm here today just for this discussion. I'm going to make it short. I'm in agreement with what Rich said. I have just a few comments. I agree with Commissioners Strain and Caron, I don't believe this system's broke. I think it's been a Page 51 May 21, Jo~ 2 long time, a lot of thoughts gone into the LDC. We have a set of criteria. It's worked before. We come before you with the evidence. You look at it. It's hashed out. Members from the public can speak, and you decide. We have the criteria we go by. And I think that system works fine and I don't see reasons for change at this time. I mean, we can micromanage things to death and put more rules and codes on the book, but I don't think it's going to serve any purpose. Just a couple of things. The illustration that Mr. Klatzkow said about the one thing proceeding out more than 25 percent, you know, before we even come here, the county has a rule. When you get a building permit, you have to prove -- you have to show them first the DEP and the Corps of Engineers permit. So those already have been attained. In the DEP, the state permit, they will not give you a permit if you go out more than 25 percent of the navigable waterway. So that criteria, which is also in the BDE application, that's there too. But that has to be met or we don't even get a DEP permit. Without a DEP pernlit we don't pull a county building permi t. So that is kind of set in stone. So we can't go out way exceeding on the one criteria and say well, we met all the rest of them so give us a permit, because we'll never get a state permit. So the point there is moot. We've put a lot of time and a lot of the clients' money into preparing these applications. And everything is looked at. And what we bring to you we feel is the real situation. And it's given to you, it's given to staff. They pore through the criteria, and it comes to you. And I think the system works, and I don't see any need for change at this time. If you have any questions, I'd be glad to answer them. CHAIRMAN STRAIN: Rocky, just a comment. And I've listened to it now from Richard and I see the county staff at times nodding their head in agreement with you guys. I'm sure that when County Attorney Klatzkow used his example of a dock going across the water, he was trying to show a point. Not physically saying that's how someone would apply for something. The point simply is that if we feel there's an overriding public safety, health or welfare concern to anything that comes through this board, I don't care if it's a dock or what it is, we certainly have a right to vote against that for whatever reasons we want to express. And I think that applies to docks. And I think that was the intent of what Mr. Klatzkow was trying to use as an example, not to take the example and say, well, this is impossible to do. I think everybody knows it's impossible to do it, but it's just that kind of impossibility or any kind of other thing that could come along that would have an absolutely detrimental impact that we have a right to weigh on. That was the intent, I think. It was a concept, not -- MR. SCOFIELD: And I understand that. I said that but, you know, that's what's been going on. I've been doing this for many years and the system has worked. You all look at that (sic) situations and that's what you make your decisions on. CHAIRMAN STRAIN: I think the system's fine, and I do think that for areas that have specific needs beyond the system, that's what we have overlays for, and that should be where we -- hopefully this may go. Go ahead, Mr. -- MR. SCHMITT: Can I just ask a question, and I want to follow up, because you said if you fInd there's a health, safety, welfare. The only thing we as staff would want to know is your reasoning for that. CHAIRMAN STRAIN: Right. MR. SCHMITT: Because ifthey appeal, that's the kind of information we present to the board, and we present any evidence to the contrary. So that -- and staff doesn't choose sides, all we do is present the facts, your position, we present to the board any infonnation in regards to either our assessment or the Page 52 1611A2 ,~ May 21,2009 client's. So that's the only clarification that I would need and my staff needs in regards to any ruling that we make. CHAIRMAN STRAIN: And I think this board now with this second one, they've been remanded back, or there's questions about other ones that have appea!td-flefcJre, we know very clearly in the future we will have to be much more diligent in the way we describe our concerns. And we will. So with that, we'll look for the next public speaker. Thank you, Rocky. MR. SCOFIELD: Yeah, just one last comment. You know, it always comes up on the drafts of boat. And I was just talking to Rich a minute ago. The criteria, you know, does not confine the drafts of boats. Now that -- if that wants to get into an overlay or something in another area to specifics to a community, that's another thing. But, you know, boat sizes and drafts like I said, you can lay up a 60-foot boat along someone's property withdrawing who knows how much water. Those are not situations that are, you know, addressed CHAIRMAN STRAIN: Rocky, for the sake oftime, I'm certainly not going to debate that with you, but I want you to know I disagree. MR. SCOFIELD: Okay. CHAIRMAN STRAIN: So with that -- MR. SCOFIELD: I know you do. CHAIRMAN STRAIN: -- who is the next public speaker? MR. BELLOWS: Kathleen Robbins. MS. ROBBINS: I would like to cede my time to Bruce Burkhard. CHAIRMAN STRAIN: Okay. MR. BELLOWS: Bruce Burkhard. MR. BURKHARD: Good morning, Commissioners. For the record, my name is Bruce Burkhard, and I'm the Zoning Committee Chairman of the Vanderbilt Beach Residents Association. Originally I thought that I would be here talking to you about the conflict between using a checklist and taking all the authority away from the board. And it seems that as things have progressed, everybody is pretty happy with the current situation and the fact that we're not going to be using these criteria as a total checklist, that you folks are going to be able to use your experience and discretion and rule on any specific extension issue. So I'm pleased with that. I think, Mark, that you have a great idea as far as adding some criteria for the overlay for our particular specific area. Because we do have a lot of problems. And it seems that we're sort of a target area for developers and speculators, and that what happens is that we get people moving into the area, they buy a somewhat marginal lot, I think we had an example ofthat very recently, and then they try to add value to the lot by coming here and asking for dock extensions or boathouses or whatever. They add value, they make money, they run, they leave, and the neighborhood is left with the results. And sometimes bad results. We end up with excessively long docks. We had a situation when I first got involved with the neighborhood association, we had a neighbor that had a very marginal lot and what he did was he came here and he asked for a 60-foot dock extension. And by God, he got it. And there was no real good reason that he needed it. He claimed that he couldn't get his boat up and down whenever he wanted to. Well, none of us can, we're dependent on the tides to a certain extent. And we're also dependent -- even if we tried to get out with a low tide situation, we probably wouldn't be able to get out through the channel at certain times. So what I'm saying is that I think that we need to be looking specifically at our area and see if we can come up with some better criteria or maybe some additional criteria that will help us out in our area so Page 53 ,':'.; " . ~ lA2 May 21, 2009 that we minimize and maybe get rid of some of these excessive speculation situations and undesirable visually (sic) situations as well. Okay. CHAIRMAN STRAIN: Bruce, I would hope that -- I know you know your commissioner real well, and I would hope that maybe if you expressed your concern for the overlay to him and possibly he gets together with staff to see what it would take, I certainly think this commission would entertain-- thoroughly like to review that idea and see it move forward. I think it would be a benefit to a lot of people, including those in your area. When you mix everything in with the county as a whole, it's real hard to find exceptions. MR. BURKHARD: Oh, I understand. Yeah, I know particularly dO\\-TI in Marco Island and the Aisles area, that there are real shallow water problems. And that's not our problem. In most cases we can get our boats in virtually up to the seawalls. CHAIRMAN STRAIN: Thank you. MR. BURKHARD: Okay. Thank you. CHAIRMAN STRAIN: Appreciate it. Next speaker, Ray? MR. BELLOWS: The last speaker, B. J. Savard-Boyer. MS. SA V ARD-BOYER: Good morning, Commissioners. I'm here simply because it is a boat dock thing, and for the last 10 years I've been speaking to you about boat docks. And it seems like we keep going over the same thing, the same thing. So to put it in the overlay I think is an excellent idea. And going back to the why 20 feet? In the Vanderbilt area, as you know, I don't know if you all are aware of the fact that we don't have really deep waters back there. And at one time to get out to Wiggins Pass, Turkey Bay did quite a zigzag through there. And maybe when it was 20 feet it was for smaller boats that wouldn't have knee deep water. So going back over the years, maybe that was the reason 20 feet was it. Now when someone wants -- why do they need more than a 20-foot dock? For a bigger boat? And as Bruce said, to add value to their property? Why don't we get into why do they need it? If they need it because it's shallow up by their seawalL that's ditferent. But why else do they need another five feet, other than having a five-foot longer boat? So I think we need to put it into the overlay. And again, thank you again and again and again for all your time that you put into this. I'm sorry it's always us. CHAIRMAN STRAIN: Thank you. I hope that we can see that happen with your overlay. I think that would be helpful to a lot of people and expedite a lot of processes we have here. So with that in mind, with that said, any other comments or any other concerns from the Planning Commission on this particular issue? Mr. Kolflat? COMMISSIONER KOLFLAT: Well, I wanted to bring up one thing that I didn't earlier and that is that the code says boat dock facilities slant boats -- I mean dock facilities slant boat (sic). It limits the boat to 20 feet as well as it does the dock facilities. So it is carried in the code that the boat length is limited. COMMISSIONER SCHIFFER: Mark? CHAIRMAN STRAIN: Mr. Schitfer? COMMISSIONER SCHIFFER: Ray, could you put that on the overhead a second real quick? CHAIRMAN STRAIN: Richard, this isn't a debate. Okay. COMMISSIONER SCHIFFER: And. you know, maybe when they wrote that what they really had in mind was like a four, five-foot dock parallel with the seawall and then a boat sitting out of that 15 feet. Nobody envisioned davits and where we've gone from there. Page 54 - .... 16/1'A2 May 21,2009"- f~.4 This thing up at the top, see where it says the Planning Commission shall? When I read that, I realized I may have been wrong. Because what that's really telling me is that I do use those criteria, I shall base my decision on those criteria, I obviously have the ability to do conditions and stuff. So I think, you know, that got dropped in the recodification. But the game -- the fairness -- you know, it's contrary to my position. But the fairness was that if it was there before, it's got to come forward if it's causing a problem. Because we didn't change the code at that time, we just reorganized it. And that's not even saying health, safety and welfare, that's saying the criteria. So I wonder if it would be smart to put that back in and then we move on with it and we know what this is and what this isn't. CHAIRMAN STRAIN: Brad, I think all that's happened is we have -- we still do this. We still listen to the criteria, we still weigh it in by the criteria, but as the County Attorney says, we can interject common sense. That's all he's saying by public health, safety and welfare, what it is is common sense. And I think the criteria evaluation is subjective enough that the staff may not look at it in one way, but we may have an issue that's another practical concern that we can interject into it. I don't know why we would want to change that, to be honest with you. COMMISSIONER SCHIFFER: Well, I think the reason it bothers me the most is because we have looked at some boat docks and we have what I think injected common sense. You know, the Ben Nelson one is the one that triggers the most, not the Monte Carlo. And there was problems there. They were going way out into the water, they were blocking the can -- we did all those things, we said all those things, and it ended up being -- you know, even after the memo that I had to write, it ended up being something just ridiculed, bang, you know, 5-0, it's over. So, you know, let's not play the game anymore, let's just do -- let's just play with it like a checklist. I think the point Rich is making, right, they have to enter into this process with some expectation of fairness. And my opinion would be just make it something that staff reviews. If a neighbor has a concern, they can appeal staff to this board and we can check their homework. Other than that, our hands are somewhat tied by the scoring. The draft situation as to the depth, if you read it, it's -- the general depth of the length and type of draft as the petitioner described. It's not even what's suitable for the neighborhood, it's what he wants. Ifhe wants the Queen Mary, he puts it in the application, can fit it within his property dimensions, nothing we can say. CHAIRMAN STRAIN: Well, I mean, I think there's plenty we can say, Brad, but I guess it's a meaning of interpretation. I think the whole panel may just weigh in then. Does anybody -- what's the consensus of this panel? I'll look to you all, by raise of hands, do we want to see the code left as it is with the interpretation provided to us by our County Attorney? All those in favor of that, just raise your hand and say aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER KOLFLA T: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (N 0 response.) CHAIRMAN STRAIN: Okay, all those who'd like to see it changed? Page 55 1'A 2 May 21, 2009 ~....~ 0: :> i' COMMISSIONER SCHIFFER: I at this point would like it to become something that staff takes care of solely. CHAIRMAN STRAIN: So you'd like to see a change. And Mr. Murray, you would like to see it changed? COMMISSIONER MURRAY: I'm not sure what I want to see, because I've been thinking about this for a lot of time here, and quite frankly I am concerned that because of this one area that we are going to go forward and create problems. Why don't we leave it the way it is? The only question I will raise is what Commissioner Coyle raised about multiple units. One of the criteria relates to multiple units as opposed to single boat docks. And should that have its O~TI area? It doesn't comport. You know what I'm referring to? CHAIRMAN STRAIN: Yeah, I know what you're referring to, and I don't know where -- I don't know of an instance where that one's really come up as an issue. It's again back to my -- I really like the philosophy if it ain't broke, don't fix it. COMMISSIONER MURRAY: I happen to like your suggestion, and I think that would solve 99.9 percent of the problems. CHAIRMAN STRAIN: Right, so -- COMMISSIONER MURRAY: But I understand what Commissioner what's his face down there is saymg. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER MURRAY : Yeah. CHAIRMAN STRAIN: What's his face? COMMISSIONER MURRA Y: I had a mental problem for a moment. Sorry about that. CHAIRMAN STRAIN: That happens to lot to me, too. Well, I think the consensus is we accept the County Attorney's and the county staffs consensus to this, with the clarifications we got today, and we move fonvard leaving the language like it is. If there's a possibility of an overlay, hopefully the Vanderbilt people will approach their commissioner who then can kind of see something happen through the county staff and maybe something happen that way. I think that would be good for Vanderbilt Beach area. With that in mind, we'll move on to the rest of the agenda. There's no new business listed. Any other public comment? With that I'll entertain a motion to -- oh, Mr. Schmitt? MR. SCHMITT: One issue. Future planning. You all should have gotten or will be receiving your LDC booklet for the sign code. CHAIRMAN STRAIN: We talked about that in the beginning. MR. SCHMITT: Okay, I'm sorry. CHAIRMAN STRAIN: I mentioned to everybody it's going to be 8:30 next Tuesday, June 2nd, so be about two weeks. And we're going to start with a working document on page by page. MR. SCHMITT: Everybody got it, hopefully. It should have gone out. CHAIRMAN STRAIN: Okay, is there a motion to adjourn? COMMISSIONER VIGLIOTTI: So moved. CHAIRMAN STRAIN: Seconded by nobody. I'll second it. All in favor? COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. Page 56 16 I MaJ2~2609 ,...~ COMMISSIONER KOLFLA T: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: We're done, we're out of here. Thank you. ***** There being no further business for the good of the County, the meeting was adjourned by order ofthe Chair at 11 :49 a.m. COLLIER COUNTY p~~:rf:Jr~ M~ STRAIN, Chairman These minutes approved by the board on {~J I r-l c 1 Presented v' or as corrected ,as Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. Page 57 ____",._;W;_"*"_"';,__._~,_, "'Il''''''~''______''''''__ Fiala Halas Henning Coyle Coletta PT OF THE SIGN ORDINANCE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida June 2, 2009 16 I' 1 " 2 ~ Jdlle 2, 2009 RECEIVED JUL 1 3 2009 ./ Board of County Commissioners LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Chairman: Mark Strain Donna Reed-Caron (Absent) Karen Homiak Tor Kolf1at (Absent) Paul Midney (Absent) Bob Murray Brad Schiffer Robert Vigliotti David J. Wolf1ey ALSO PRESENT: Jeffrey Klatzkow, County Attorney Jeff Wright, Assistant County Attorney Joseph Schmitt, CDES Administrator Catherine Fabacher, LDC Manager Susan Istenes, Zoning Manager Misc. Corres: Date: Item#: Page 1 =;cpies to: l' 1 A? f' r "1une'2: 2009 CHAIRMAN STRAIN: Okay, good morning, everyone. Welcome to the June 2nd meeting of the Collier County Planning Commission. This is a special meeting, one item on the agenda only, and that's for the review of the rewritten sign ordinance with the intention of free speech issues to be addressed. Before we start, would you all please rise to -- not sworn in by the court reporter, but to pledge allegiance. (Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Okay, we need to do the roll call. Mr. Vigliotti, you've -- COMMISSIONER VIGLIOTTI: Yes. Mr. Eastman is absent. Commissioner Kolflat is absent. Commissioner Schiffer is here. Commissioner Midney is absent. Commissioner Caron is absent. Chairman Strain? CHAIRMAN STRAIN: Here. COMMISSIONER VIGLIOTTI: Commissioner Vigliotti, present. CHAIRMAN STRAIN: That's you. COMMISSIONER VIGLIOTTI: That's me. I said present. I'm sorry, Commissioner Schiffer. COMMISSIONER SCHIFFER: You actually said I was here. COMMISSIONER VIGLIOTTI: I said you were here. COMMISSIONER SCHIFFER: I'm here. CHAIRMAN STRAIN: I was waiting for him to say here. COMMISSIONER VIGLIOTTI: Commissioner Murray? COMMISSIONER MURRA Y: I think I'm here. COMMISSIONER VIGLIOTTI: Commissioner Wolt1ey? COMMISSIONER WOLFLEY: Here. COMMISSIONER VIGLIOTTI: Commissioner Homiak? COMMISSIONER HOMIAK: Present. CHAIRMAN STRAIN: Thank you, Bob. Okay. The one issue on today's agenda is the sign ordinance, and it's not a re\vrite of a development standards as much as it is a -- trying to address the constitutionality issues that were raised a long time ago in a lawsuit. And it's my understanding that one of the legal experts of highest regard in the country helped us rewrite these. And Susan, is that correct? MS. ISTENES: Susan Istenes, Zoning Director. Yes. Dan Mandelker, you met him previously, he is a professor at the School of Law, Washington University in St. Louis, and has very highly regarded credentials in that area. CHAIRMAN STRAIN: And I believe the county attorney's office worked with him hand-in-hand to get to where we are today? MR. WRIGHT: That's correct. For the record, Jeff Wright, Assistant County Attorney. We worked hand-in-hand, and also with Catherine and Diana to get through this. And he was real helpful, but we were there to support him in any way. C.~AIRMAN STRAIN: And out of that we've got the rewrite with us today. But in the back we have a matrix, and there's two pages on the -- towards the end of the matrix that I believe are where you Page 2 16/ 1 Jr1A,~9 guys still differ in what the Doctor recommends and what the county attorney's office or staff believe we can probably still leave in the code or write in a way that both of you just aren't in complete agreement. Is that a fair statement? MR. WRIGHT: That is correct, yes. CHAIRMAN STRAIN: Okay. And the reason I went over that all is because the intent for today's meeting is not so much to get into the distances, the setbacks and all those kind of issues, but it's purely a freedom of speech issue, which is more of a legal issue than any of us are probably versed in. And I wanted to make it right off the get-go that we should be heading in that direction in our discussions today. And with that, I'll turn everything over to Susan, who I -- and Susan is going to probably moderate the questions. We'll take -- we'll do what we've done in the past, we'll go through the working document, and we go through those a few pages at a time and ask questions. Then when we get done with that, I would like us to address the matrix page. There's two pages at the very end that there's still disagreement on. And then after that, if there's anything else, we'll just bring it on the table. But that's kind of the direction I saw today. And if that doesn't have any objections from this panel, then we'll just move down that path. And I want to start out also by thanking staff for the layout and the presentation they provided us with today. It's much better to follow than the last one that we had. COMMISSIONER MURRAY: True. CHAIRMAN STRAIN: And working from a working document makes us all understand where we should be and how the pages are turned. So that's a real good format and we thank you for putting it back in order like that. So with that Susan, it's all yours. MS. ISTENES: Okay, thank you. Good morning. As Commissioner Strain noted, I think my role is going to be more of an emcee. In other words, I'll take your questions, field your questions. If I can answer them, I will. But more than likely, I'll be turning it over to this team here who has worked very hard and very closely for a long time with our consultant, Dan Mandelker. And our responsibilities today really, as you outlined, Mr. Chairman, is to ensure that the provisions of the code that are content based are removed and establish a content neutral code. We want to ensure that commercial and noncommercial speech is lawfully treated and doesn't infringe upon First Amendment rights. This was as a result of a lawsuit that was filed against the county that was included in your packet, so I won't go into that there, but that is essentially why we are here. We are not here to modify the code in terms of number of signs, square footage area, height, the development standards provisions. Weare really here to talk about the language of the code and to achieve those objectives of making it more First Amendment and 14th Amendment friendly. There are -- I think you understand how the packet is organized. I appreciate you recognizing that. I know the team worked a long time and worked hard on trying to get that more understandable. Because as you recognize, we are striking out the entire sign code and readopting it. And so the working document you have is the document that we are recommending to the Board of County Commissioners and to you as well. And that's the document we will be reviewing today. There are a couple of instances where the First Amendment issues aren't addressed, and that we are looking to you for some guidance and we have put in there for some clarification. And I'll explain those right now real briefly before we get into it, because I just don't want you to be surprised because it's different than, like I said, the First Amendment issues that we're dealing with. The first is on hand-held signs on Pages 2 and 20. This is currently not addressed in the code. We've had these occurring in our community. We have discussed them with our consultant and with the Page 3 .w. Ir'IIIiI'I,_~'~_' . _ ~ ..__.~ n .,;~ A~ ,4 1 "~ une 2, 2009 county attorney's office. There's some freedom of expression issues expressed by our consultant. Weare at somewhat of an -- I don't want to sayan impasse, but not sure exactly how to handle these, so we thought we would bring this up for you for your input. along with the county attorney's input as a discussion item today. The second is on Page 16, Item 4.D. It has to do with wall signs that are internal to shopping centers, like, for example, a mall. A few months ago that issue was brought to my attention as an interpretive issue. Rather than rendering an interpretation, I went ahead and just put my decision into the code, because otherwise we would be living under my interpretation versus -- until the code was amended, so I went ahead and put that in. I want to call it to your attention because it is different than the First Amendment issues. But it has to do with the difference between a wall sign internal and to a mall, for example, versus visible to the street. And when we get there, we can talk about it. I'm not prepared to talk about it at the moment. But I just want to call it to your attention. That's Page 16, Item 4.0, if you'll note that. A correction I need to make on Page 13. little letter f should be 12 square feet and not 16 square feet. That got n that was in a previous version and that never got corrected. So if you would correct that. COMMISSIONER SCHIFFER: Susan. I'm sorry, what page was that again? MS. ISTENES: That is Page 13, little letter f. COMMISSIONER SCHIFFER: Got it. MS. ISTENES: And it should be 12 square feet. And last, Diana just brought this to my attention this morning, it was 5.06.10 on Page 24, C.t. This is -- I'll call it kind of an economic proposed amendment. Code enforcement -- and the reason I'm calling it that is because under the current code, if you have an abandoned sign that's conforming for 90 days or more, then by law after 90 days it has to be removed. And what we're finding in the community is that with a lot of vacancies in these shopping centers and things like that, that is becoming more common. And as long as the sign's conforming, at this point in time we don't see any reason why it needs to be removed after 90 days, so that's kind of what I'll call my economic relief amendment. And it also makes it a little bit easier for code enforcement to enforce. So it's to the benefit of the sign O\Nner and the property owner and not really to anybody else from a cost perspective. So those are the only differences. Other than that, I would just request if you would, just direct your questions to me and I will farm them out. And I'm ready to -- CHAIRMAN STRAIN: Okay, A couple quick announcements. Members of the public that are here, we're going to move through the documents a few pages at a time. The most relevant way for us to understand your concerns is if you have comments on the pages as we go through them. So I'd rather operate a little informally today. Ifwe ask for any comments from Pages 1 through 5, for example, and you've got comments, raise your hand and let me know by doing that. And then after the panel speaks, I'll ask you to come up and use the microphone and express your concern about the section. That way your timing and your discussion's relevant to the area we're discussing and we don't get lost in it. And second of all, I'd like to thank those wonderful ladies up on the fourth floor who have provided us with a mug of coffee here today. It sure does help us talk faster so Cherie' can type faster. But thank you, ladies, that was very nice. Okay, Susan, with that, we'll just move to the tab called working document. And it starts on Page 1, and there's definitions that go to Page 4. So let's work through those first. Anybody have any questions on the definition sections, Page 1 through 4? Brad? COMMISSIONER SCHIFFER: Yes. Susan. on animated signs, we're kind of expanding that Page 4 16/ lA2 June 2, 2009 "i definition. And one small concern I have is that level four notes that -- the video displays. But wouldn't essentially all four of those have the potential of having like an LCD display? But is the intent of level four that there's actually movement in the picture on that? Is -- MS. ISTENES: Yes, that's my understanding. COMMISSIONER SCHIFFER: In other words, you could have an LCD showing a static -- MS. ISTENES: Correct. COMMISSIONER SCHIFFER: -- and it can be a level one. MS. ISTENES: Correct. COMMISSIONER SCHIFFER: Okay, thank you. Well, I've got more. CHAIRMAN STRAIN: Go ahead, Brad, keep at it, and we'll just move down the line. Pages 1 through 4 is where we're at. MS. ISTENES: Can I expand on that a little bit? We actually -- electronic signs, since we're here, and I'll just bring it to your attention, I meant to do it in the intro, there's going to be some issues with that. And we've been talking with the county attorney's office. And I think at this point what we're proposing, or at least our last discussions are, with these electronic signs is to look at grandfathering in existing time and temperature signs. Because we are removing the phrase time and temperature signs, because that's dictating speech and we can't do that. But the question of electronic signs has come up both in our discussions with the outside sign folks and with our consultant. And I think at this point, correct me ifI'm wrong, Jeff, we're inclined to recommend to you that we just grandfather in existing time and temperature signs and deal with electronic signs at a future amendment cycle when we have what I would call a -- whenever you get into amending the sign code, it's always a very critical thing for the community and you always want community involvement to the extent that I would recommend that the board propose a working committee consisting of residents, business owners, folks in the sign industry and that sort of thing. And so if we're going to look at changing our electronic signs in the future, that's how I'd recommend we go. So I think at this point we're looking at simply grandfathering in existing time and temperature signs and leaving the -- taking out the level one animated sign reference that we have in this current draft. So I'll just throw that out on the table for your consideration. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: And then -- for example, the time and temperature, you would try to make it a level one, but the 15 seconds would be an issue. So you couldn't have a secondhand on it, so to speak . MS. ISTENES: Correct. COMMISSIONER SCHIFFER: Okay. Changeable copy. Why does that have to be done manually? In other words, we do live in a world where -- and why would we encourage essentially a pretty ugly sign when there's a lot of good-looking signs available that are electronic? MS. ISTENES: Again, this is what we have currently. And I think that again goes back to my last comment that if we're looking to deviate from the standards that we have now, that I think needs to be fleshed out through what I would call a regular sign amendment cycle with a working interest group to contemplate that and bring forward a recommendation. COMMISSIONER SCHIFFER: So what we're saying is that essentially the typical gas station price sign, which is obviously changing, probably 15 seconds is going to be a problem with them. It has to be done manually still. MS. ISTENES: Correct. COMMISSIONER SCHIFFER: Next question is on Page 2, the directory sign. Obviously we know what those are, that's a list of businesses that are within a thing. But we don't really say that. And I Page 5 'IIlIr""~__,llJIllIU'" 1lI1li1 W<<Pll'_;'''_''';',,__~~.,~w. till ... 16/ ~ :Ii.-I_\ ,June 2- 2009 , ~ t' guess that's your context issue. But, I mean, when you look at the definition of it, it's actually based upon where it's located. It doesn't really state what's allowed on it or what's not allowed on it, does it? Or would that be assumed -- MS. ISTENES: That's what we're trying to get away from in addressing these constitutional issues is -- do you want to add to that, Catherine or Diana? Am I accurate on that? MS. F ABACHER: Yes, ma'am, that's it. COMMISSIONER SCHIFFER: So essentially I could say I have a directory sign, it's at the beginning, but I could put the logo of n I could put whatever I want on that sign. MS. ISTENES: That is pretty much how this whole code is going. We are not dictating the types of speech or the types of information you can put on a sign for the most part. Obviously obscene wording and issues like that are a different story. But correct, in the past we've had n for example, we've dictated what you can put on a sign. In other words, you can put the business name, the shopping center name, that sort of thing. We're getting away from that. COMMISSIONER SCHIFFER: But the intent of this sign is to be a directory of the businesses that are in there, obviously hence the directory sign. But that's not the requirement anymore. You could put the -- I could call it a directory sign and put whatever I want on it. There's no limitation as to what I can put on it. MS. ISTENES: I'll let -- Jeff, if you don't mind. MR. WRIGHT: Yes, thanks. Again, Jeff Wright, Assistant County Attorney. One overarching theme for this revision effort has been get rid of content. We had problems with content in the lawsuit. And the problem with the content was we had prohibitions in our sign code and exemptions in our sign code based on content. So when we met with this professor, everything he said was get rid of content-based distinctions. And the reason that you want to stay away from content-based distinctions is because if you get in court and you're before a judge, there's a higher level of scrutiny. You have to have a compelling government interest for making that distinction. And in this case we can't make that argument that we have a compelling justification for making the content-based distinction. You'll see that throughout this. And a lot of our disagreements with the Professor are where we said well, we realize, for example, permit numbers on the bottom of the sign, that's a content-based regulation. But we looked at that and we thought, well, risk-wise it's probably not going to be challenged. Second of all, I don't believe that speech. It's not a form of expression, it's a government label to identify the signs. So there's certain areas where we differed from the Doctor, but there's reasons for differing from the Doctor when it came to those content-based questions. So I just want to highlight that this is going to come up a lot and the content is what we focused on getting rid of, content-based distinctions in this whole effort. COMMISSIONER SCHIFFER: But I think like in this case this is a directory sign. So by that logic, if we were going to put a stop sign, we don't have to use the word "stop" on it. Because that would-- MS. ISTENES: Traffic control signs are treated differently under the law, that's my understanding COMMISSIONER SCHIFFER: I wasn't serious, so I don't need a serious response. Okay, let's go to sign n the definition of sign on four. In some of the past things there was actually some verbiage put at the end. And in going through the history of it, I've been following along, that actually starts to limit signs in terms of -- and I guess it goes back to the interior of outside malls and stufl. Why was all that taken off? Or would that be a good place to start to, you know, discuss whether Page 6 '1, /! r,_ lAc June 2, 2009 signs in courtyards of malls and stuff are actually governed by this regulation? MS. ISTENES: I guess I'm not clear on your question what-- COMMISSIONER SCHIFFER: Well, in the past some of the drafts of this have had some verbiage. I think -- let me just -- I'm not sure which one came first. But it would say it was added which is visible from any street, right-of-way, sidewalk, alley or public property. CHAIRMAN STRAIN: There's still language like that in other sections of the code, by the way. The working document. I highlighted some of that myself. COMMISSIONER SCHIFFER: But the intent was there in the past that that would not be considered a sign. In other words -- MS. ISTENES: I think Catherine understands what you're getting at, so I'll direct it to her. MS. F ABACHER: For the record, Catherine Fabacher, Zoning Department. What you saw, Commissioner, was an earlier attempt by the consultant because he wanted to take out menu signs, and then there was another kind of sign that we wanted to take out, and he said originally that if we put in the definition of sign that it had to be from a public road or a public right-of-way, otherwise it wasn't a sign. But staff and the attorney's office talked about that and we thought there were too many unintended consequences. And we open too much up by saying if you can't be seen, you're not a sign. So staff has backed off on that. We have put it in that one section for courtyards or interiors of commercial developments, but other than that we did not want to open up the definition to unintended consequences. COMMISSIONER SCHIFFER: Okay. But it did seem -- and obviously if the consultant felt that way, I kind of agree with him that it is not fair to regulate signs within the courtyards. But I never saw in -- where in here does it show that the courtyard sif,'11s aren't regulated by you? MS. ISTENES: That was on what I referenced in my opening remarks. COMMISSIONER SCHIFFER: That says you can get one additional sign. MS. ISTENES: That was on Page 16, Item 4.D. MS. F ABACHER: Thank you, Susan. MS. ISTENES: Did you want to discuss that now or did you want to stick with-- COMMISSIONER SCHIFFER: No, but I think, you know, the concern I had is that made a lot of sense, that the sign -- I mean, when you look at the general intent of what the sign code does, signs within somebody's property, not visible from a street or an adjacent property. I wonder why we're controlling that. And, you know, and Diane and I have had some conversation about this. And in the conversation it's, for example, if you have a Coastland Mall -- MS. ISTENES: I'm listening. COMMISSIONER SCHIFFER: If you have a situation like Coastland Mall, you don't regulate the signs within that mall area. You take the roof off of it you do. And because you've interpreted exterior signs to mean inside/outside. MS. ISTENES: Right. And the change here is to allow the -- not have the signs interior to a mall, for example, count towards the sign allotment. Did I restate that correctly, Diana? She says -- COMMISSIONER SCHIFFER: Okay, where is that shown? MS. ISTENES: That is 16.D on-- MS. F ABACHER: Page 16. MS. ISTENES: Sorry, Page 16. MS. F ABACHER: 4.0. COMMISSIONER SCHIFFER: Okay. And I've read that. What that states is that you're allowed one additional wall sign. Doesn't state that you're not controlling courtyards. Anyway, we're in the definition section. This topic will come up throughout it. Page 7 "., ._.""... .' ...... ~ ~__,. I ',"I 'MH!I~"'ll'~"""_e_~"""".,,,.'_,,,"."lI'_;_.' 'IIi'''; ..' ~ 161 1 A <Jun~, 2009 MS. ISTENES: Understand. COMMISSIONER SCHIFFER: But the point was is that looking at the consultant's draft, looking at some of our drafts, it's dropped off. And to me it made sense that we stopped regulating signs that are totally within private property. MR. WRIGHT: Well, it was one of those policy issues that, you know, we didn't feel comfortable making a call on. But practically speaking, I think there was a concern that just because a sign is not visible from the right-of-way, we were concerned that let's say a big sign that was flapping in the wind posing a danger would not go through any sort of permitting just because it's not visible from the right-of-way. In addition, there would be questions of proof as to whether or not it's visible. You know, if a tree's covering it somebody could argue, well, you can't see it from the right-of-way and what angle do you look from. And so we figured rather than regulate it within the definition, we'd go within the code and try to address it there. COMMISSIONER SCHIFFER: I mean, both of those are easy to overcome. First of all, any structure in Florida is going to get a building permit. So the waving in the breeze is not something that the sign code even has to address. And then we could obviously regulate it where buildings are what's blocking it, not landscape. Okay, that's my directory questions. CHAIRMAN STRAIN: Mr. Wolfley? COMMISSIONER WOLFLEY: Some of these questions are obviously going to come up as Commissioner Schiffer said later, but I had an issue with directional signs. For instance, where -- and it also has to do with n well, I did a poor job of marking up today. But if a shopping center runs vertical to a major street, for instance off of 951, that Doug's Buy-Right, there's most of facility, most of the stores there run vertically and you can't see them from the street. And I of course was in there eating breakfast and I got hit up about why can't I have a sign that shows my restaurant that's down at the end of, you know, a number of different stores, and they're constantly getting zoning coming in and hitting them up. And I was looking through here trying to locate why they couldn't put a little directional sign up. I'm not trying to be a zoning person, but trying to direct them to the right people. Simply the name of the establishment with an arrow that says they are down at the end. MS. ISTENES: I'm probably not going to address it because it's not part of what we're doing here. COMMISSIONER WOLFLEY: I understand. MS. ISTENES: But I would be happy to talk with you off-line about that and we could go over what the code allows and doesn't allow. And then if that's something that you want to recommend to the board to consider for a future amendment, we're going to take notes to that effect too. And then we would -- we can note that in the executive summary to the board. We would just do that in the separate section so that they understand that those were issues that were brought up outside of the scope of what we're doing today. COMMISSIONER WOLFLEY: That's right. And that's why I couldn't find them here in the directional end of it. And also, I -- the -- where there are cars that are parked all over town with names of a company on it. Great looking cars, that kind of thing. That's not coming up here either; is that correct? COMMISSIONER MURRAY: No, no. That's not likely. COMMISSIONER WOLFLEY: So. I mean, I'm just saying that -- I'm not saying it's right or wrong, I just -- something came to mind with that. Is that under the freedom of speech kind of thing? MS. ISTENES: That -- Diana, I'm going to look to you to address. Not necessarily for the freedom of speech issue, but I think from the -- for mobile billboards. Are you in agreement with me, Catherine, or Page 8 161 1A? June 2, 2009 /.I . _ are you -- MS. F ABACHER: I wanted to ask -- I'd like to ask the County Attorney, because I believe before my time there was a big problem with this. And there's some history behind it. Am I correct, Jeff Klatzkow? MR. KLATZKOW: Ifwe're talking about Strictly Nolan (sic)? MS. FABACHER: Yes -- Truly Nolan. COMMISSIONER WOLFLEY: Not False Nolan. MR. KLATZKOW: I guess it's not so effective since I got their name wrong. And they have their antique cars with their name on it they park different places. Look, it's my position as County Attorney, why pick a fight -- COMMISSIONER WOLFLEY: Oh, I know. MR. KLATZKOW: -- it just doesn't matter. COMMISSIONER WOLFLEY: I'm leading into something, and that is where people have then trucks with (sic) the back ofthe pickup is loaded with a sign on it that may be an A-frame type of sign, they may want to fall under the same issue. And that's what I've seen those sitting around, and those now start causing damage in -- or danger in a storm situation where the cars do not. And again, I started going back and forth reading this trying to figure out -- CHAIRMAN STRAIN: Dave, in the definitions, is there a section in the defmitions that address the issue so we can focus the point you're trying to make on some specific language in this ordinance? COMMISSIONER WOLFLEY: Well, I guess possibly not in the definition. But it just moves on, I'm trying to move forward to a -- CHAIRMAN STRAIN: Then when we get to that page -- COMMISSIONER WOLFLEY: Let's do that. CHAIRMAN STRAIN: -- will you be able to -- because if you can show us where the language in this ordinance is concerning based on the comment you're making, we can probably figure out a way to fix it. I think that would help. MS. ISTENES: The definition for mobile billboard is along the lines I think of the issue you're bringing up, that's on Page 2. You might want to take a look at that. That is actually the whole crux of the lawsuit as well. So I know the county attorney's office has been working really closely with Dan Mandelker on that, just to make sure our language is -- COMMISSIONER WOLFLEY: Okay. CHAIRMAN STRAIN: But Dave's question then relating to that definition, mobile billboard, ifhe were to ask you can that be a car that's permanently parked somewhere with the signage on the side of it, is that considered a mobile billboard sign, or does the car actually have to be moving? So I think that may get his question relevant to the definitional page that we're on. MR. WRIGHT: I'd say yes, it does fall under the definition of mobile billboard on Page 2. There's nothing in there that says it specifically has to be moving. In fact, we've been in touch with City of Naples Attorney Bob Pritt, and he's mentioned that this is something that they've had problems with. And I think I'm comfortable with this definition covering that specific concern. But in the event we need to look at this further, we could probably hash it out and work with the City of Naples and make sure that we got it right. CHAIRMAN STRAIN: David, I think where we refer in the document -- there's 32 pages of this document. Where we refer in the document to mobile billboard, if that reference doesn't -- has the concerns that you're expressing, then that's when we should -- that would be a good point to bring up at that time and then we can see if we can resolve it. Because that's where it now lies. So if there's a semi-truck parked in the field where the side of the whole truck says Eat at Joe's, Page 9 't;'___'_'_'"~_'~_t""__'_____ 6 I n ~.\ '-\ j ;.\ ;>:.}' . ;/\ '~.- June 2 2009 , "'-:,;,A \-l'~ even though Joe's isn't inside that semi-truck and he's in the middle offield nowhere, this definition will take care of that. And then where that definition is addressed in the body of the document is the language on how to regulate it. Is that -- MR. WRIGHT: Absolutely_ I think it's on Page 20. And it's a very clear, concise regulation. Those are prohibited. CHAIRMAN STRAIN: Okay. Then before you go -- okay, let's wait till we get there. Anymore questions on definitions from anybody? David? COMMISSIONER WOLFLEY: No. COMMISSIONER SCHIFFER: Mark. I have a -- CHAIRMAN STRAIN: Go ahead. COMMISSIONER SCHIFFER: -- just a small one. And it's back on side. And it just -- JeffW., the use of the word representation, it says any visual representation. Shouldn't that just be presentation? The third word in. I mean, what's it representing? I mean, what is n MS. F ABACHER: Page 4, Jeff. the definition of signs. MR. WRIGHT: I think that whether we have representation or presentation probably won't have a lot of substantive difference in it's over in a courtroom. But I'm happy to remove the R-E and make it a presentation. I see what you're saying, there's a difference in the definition of those two words, representation and presentation. COMMISSIONER SCHIFFER: Yeah, I mean, representation has the illusion of something else not there, so, I mean, which doesn't make sense to me. Small point. MS. ISTENES: I don't have any objection changing it. I don't think the consultant will either. CHAIRMAN STRAIN: Okay, are there any comments from the public on the first four pages of definition? Sir, come on up, state your name for the record and see what you've got to say. MR. BOYD: Good morning. My name is Michael Boyd. I'm the license holder and president of Signs And Things. The only question I have is -- it's referred to on Page 17 -- CHAIRMAN STRAIN: Is it about a definition? MR. BOYD: -- but it's not in the definitions. And it's under canopy, quote blade sign. We have a number of these in some new developments. Mercato, the Collection at Vanderbilt. I'd like to have it put in the definition. Because some of those projects do not have a, quote, canopy, but they require a blade sign projecting from the building, which clients can see from either direction as they're walking down a sidewalk. CHAIRMAN STRAIN: Okay. One of staff want to comment? MS. ISTENES: Sure. I think to remain content neutral we could certainly put in the definition under canopy sign essentially defining it as a sign located underneath the canopy, or similar. I'll look to Diana for wording later, but I don't have a problem defining that. And that's essentially how we would do it. CHAIRMAN STRAIN: Okay, great thank you. Okay, we're -- let's go to the next -- we'll begin the actual text of the document. And let's just try to take a couple pages at a time. Pages 5 and 6, does anybody have any questions on Pages 5 and 6? Brad? COMMISSIONER SCHIFFER: And this is the purpose of intent. And again, I'm going to go back Page 10 1A2 June 2, 2009 ~:. to the concern about the courtyards. Where in this purpose do we get the reason why we're controlling signs within private courtyards that certainly aren't visible to the street? In other words, this is definitely a definition discussing the aesthetic appeal of the county, minimum control. It just seems that this is kind of the D.N.A. what we should be doing through this whole chapter. And it's surprising me that we're in public property not essentially affecting the county. MS. ISTENES: This -- I'll just comment to say this is a general statement so -- regarding the sign code as a whole, the intent of the sign code. Where we get into the details are later in the document. I would not recommend that we start referencing details in here. This is just essentially a statement that says what the sign code is intended to do in general. COMMISSIONER SCHIFFER: Right. And that's exactly my point. There's no detail I'm looking at, I'm just wondering where from this do we get the impression that we can control these private courtyards? Because this is essentially discussing the county, it wants -- MS. ISTENES: Well, aesthetics is not just something that's visible from the road. But, I mean, that's a philosophical discussion I think we probably don't want to get into here. So I'm just -- my comment is essentially this is just a general statement. I'd be happy to address courtyards when we get here. CHAIRMAN STRAIN: Okay, why don't we-- COMMISSIONER SCHIFFER: Okay, but we'll come back to the statement when we get there. I'm fine. MS. ISTENES: Let me just call your attention, because we're getting into the areas where you see red. And where you see red, we're referring then back to your matrix two. And these are areas -- and I wanted to preface just so you have a little bit ofbackf,Jfound. For example, some ofthe issues like permit numbers and open house signs and official address numbers are actually things that the Board of County Commissioners had directed us to do. So we just didn't want to kind of blow them off and remove them, even though the reason they're in red is because our consultant didn't necessarily agree with their inclusion in the document as he's concerned over again the constitutional free speech issues. So that's why they're highlighted in red, so you can easily refer back to matrix two, and then we'll need to have some discussion with you on those issues as well. CHAIRMAN STRAIN: What I'd like to do is get through the document and then we'll just go to the matrix and we can flip back and solve the matrix one item at a time then, if that works. MS. ISTENES: Sounds good. CHAIRMAN STRAIN: Brad, did you have any more questions on the first two -- pages -- or Pages 5 and 6? COMMISSIONER SCHIFFER: Yeah, just one more thing. Up at D, double-face signs, there's a definition. I think someone's going to have to go through here and boldface definitions. That's one thing that's missing. Should we point out the ones we catch or just-- MS. ISTENES: No, I wrote there we'll boldface the definitions and then we'll go back and do a search and do that. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Okay, Bob? COMMISSIONER MURRAY: I know I raised this question the last time, but I just can't remember whether -- I don't feel as though we got a satisfactory answer. In the bottom of Page 6, open-ended signs. Signs may only be displayed on supervised open house days. I questioned that and I'm still not sure what that really means, supervised. Who supervises it? Does it infer that realtors are involved or that there must be a person in the unit? MS. ISTENES: Catherine will answer that for you. Page 11 161 j~ ';\, ? t ( t <JiII.,;, ..:.,~~)'" ""'~ ~ June 2, 2009 MS. F ABACHER: Yes, sir, I think we worked for a year and a half, I know Joe will tell you, with Mr. Bill Poteet and Ellie Krier, because we had such a proliferation of these open house signs. So in this case what it means is you can't have a lock box on a house and then put open house signs around, you had to actually have realtors showing the house to use the sign is what the intent of that was. COMMISSIONER MURRA Y: Okay. Does a person who does not use a realtor and still puts an open house sign up, that's considered supervised? In other words, the owner of the home. MS. FABACHER: Yeah, he's-- MS. ISTENES: If it was -- MS. F ABACHER: -- showing it. MS. ISTENES: -- for sale by owner, certainly, I would certainly consider that supervised. COMMISSIONER MURRAY: So the idea here is to make sure someone's in the unit? MS. F ABACHER: Right. MS. ISTENES: Correct. COMMISSIONER MURRAY: Okay, I'm comfortable. Thank you. As long as we understand that. CHAIRMAN STRAIN: Okay, we're on Pages 5 and 6. Do we have any other questions on those two pages? (No response.) CHAIRMAN STRAIN: Anything from the audience? (No response.) CHAIRMAN STRAIN: Okay, Pages 7 and 8, there's a lot ofred on 7 and 8. It introduces the open house signs. Are there any questions on Pages 7 and 8? (No response.) CHAIRMAN STRAIN: Okay, Page 9 and 10. Mr. Schiffer? COMMISSIONER SCHIFFER: Yes, on Page 9, number nine, so just to get this straight, anybody with a residentially zoned lot, assuming there's no homeoV\-'llers association with further restrictions, would be allowed to put a two-foot by three-foot sign on their property and write whatever they want, as long as it isn't commercial? MS. ISTENES: That is correct. That's a free speech issue. COMMISSIONER SCHIFFER: Is that in our code now or is that something -- MS. ISTENES: No, it's not. COMMISSIONER SCHIFFER: So we're adding that to give anybody -- and the intent ofthat wasn't for holiday decorations or anything. What if I go out and buy a bigger than that blow-up globe with Santa in it, am I violating that? MS. ISTENES: No, you wouldn't be violating that provision. COMMISSIONER SCHIFFER: Where is holiday decorations and stuff protected? Is it in-- MS. ISTENES: Catherine? MS. F ABACHER: No, it's been removed because it was content based. And I don't know if they're actually signs, blow-up Santas. MS. ISTENES: I don't think-- MS. F ABACHER: I think it's tree speech. It's noncommercial, I believe. COMMISSIONER SCHIFFER: But we're adding-- MR. KLATZKOW: I'm not taking that case. COMMISSIONER MURRA Y: But wait -- COMMISSIONER SCHIFFER: But we're adding this sign. So what is the -- I mean, since this Page 12 161 A _~l ,..- Ii ~~ June 2, 2009 doesn't exist, what is the reason we're doing that, is because the consultant felt everybody with a residentially zoned lot needs the ability to -- MS. ISTENES: I'm going to ask the Jeffs to explain that, because it does go to constitutional free speech issue. And I think it's a matter of discriminating between -- but I'll let them -- MR. WRIGHT: This is based on a specific case, a Supreme Court case called the Ladue case. And it's kind of evolved into where these are called Ladue signs, and you're allowed one per property. And we went through this decision with the Doctor and he came up with this language. We're comfortable with it comporting with the Supreme Court decision; that's why we came up with it. MS. ISTENES: It is actually common in other municipality sign ordinances. I think it was definitely lacking in ours. COMMISSIONER SCHIFFER: But this is allowed as a permanent sign, so go down to the county, get a structural permit, build it and-- MS. ISTENES: If one's required. In a lot of the signs you'll see -- I mean, an example that comes to mind for me is when people get the little cardboard signs and they stick watch out for motorcycles, you know, it's motorcycle season. COMMISSIONER MURRAY: Deaf child. MS. ISTENES: Deaf child or -- yeah. Or some people have Scripture written on small signs in their yard. I've seen that as well. MR. KLATZKOW: Or if you put a sign in your window, Stop The War-- MS. ISTENES: Stop The War, yeah. MR. KLATZKOW: -- which is really what this comes from. I mean, government shouldn't be regulating that, that's free speech. MS. ISTENES: Free speech. CHAIRMAN STRAIN: I've got a sign in my driveway that says, Never Mind the Dog, Beware of Owner. So -- MS. ISTENES: It's your free speech sign. Congratulations. CHAIRMAN STRAIN: Okay, good, finally legal. COMMISSIONER SCHIFFER: We did see pictures of that dog, Mark, so I understand. CHAIRMAN STRAIN: I've got more hair than the dog has. Brad, do you have anymore? COMMISSIONER SCHIFFER: Yeah, I'm still going. Okay, I'm past that point. The mobile billboard thing, if some kids are putting together a float in their driveway, does that govern that? I mean, it could have noncommercial -- MR. KLATZKOW: There needs to be prosecutorial discretion. It's like you don't cite the little girl selling lemonade. Technically they might be in violation, but it's a silly thing to do. When code enforcement actually prosecutes somebody, it's because there's a compelling reason to do so. We don't prosecute people off of what I would call silly things. COMMISSIONER SCHIFFER: Okay. Then the other one is 11 down at the bottom. You're allowed three flags. And then the next statement it says a flag pole not to exceed 30 feet. Is that eliminated to one flag pole or is that just saying that any of those three flag poles can't be higher than 30 feet? MS. ISTENES: My understanding is any of them can't be higher than 30 feet. Am I correct on that? MS. FABACHER: Well, in residential. MS. ISTENES: In residential, right. Yeah, that's what we're referring to. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Mr. Murray? Page 13 '--- lA2 June 2, 2009 COMMISSIONER MURRAY: Yeah, getting back to that issue about Santa, did you take into consideration that a commercial property may actually also use that as a sign, so to speak, to seek people to come and purchase things? So does that create an issue for us in any way? MS. ISTENES: Jeff? MR. WRIGHT: Well, again, I'd like to think that there would be some discretion. I don't think it creates an issue for us. I mean, the commercial sign regulations that we have, they would have to comply with those. And if they put something up there that didn't comply with those, then theoretically we'd have a code case against them. I'm not sure specifically what the dimensions of this sign that you're talking about are, but if they ran afoul of our ordinance, they would be in violation. COMMISSIONER MURRA Y: And that's fine, because I have no problem as long as the commercial entity doesn't cause the residential entity to lose something because of its decision. That's the premise of my question. So fine, I'm good with that then. Thank you. CHAIRMAN STRAIN: Mr. Wolfley? COMMISSIONER WOLFLEY: This is going to come up again on Page 20, but I just want to be clear of this mobile billboard thing. People have cars for sale, like I'm going to go back into the Estates. There are a lot of construction workers that work in the Estates, they bought lots of toys, and they're obviously selling their toys these days. That is not legal? For, in other words, an air boat or a car, a truck, whatever it may be, is that not a legal -- MR. KLA TZKOW: No, that's not a mobile -- I think the Chairman gave the example where you get yourself a truck and you put on Eat at Joe's and you put it out at the side of the road and Joe's is like two miles down the road. That's what we're getting at with the mobile billboards. You want to put a for sale sign on your pickup truck, that's not a mobile billboard. MS. ISTENES: Right. That wouldn't be considered a mobile billboard under this ordinance. Now, that may be addressed in other county ordinances, you know, right-of-way issues and things like that, but-- COMMISSIONER WOLFLEY: All right. WelL maybe I should wait until Page 20, but I'm going to ask it again, even on Page 20, if you've got a truck sitting there and it says Eat at Joe's and there's an arrow pointing dOVvTI to the commercial establishment, that it's at the end of that and it's a magnetic sign on the side of a truck, is that legal or not legal? They drive it home every day. MR. WRIGHT: Under the definition of mobile billboard, I think in that example, the purpose of the truck is as a truck for transportation, not the display of the sign itself. What we're trying to get at is those trucks that exist solely for the purpose of advertisement. In the example that you used, that truck doesn't exist solely for advertisement. You could probably get in it and drive. So it wouldn't fit the definition of mobile billboard under this ordinance. COMMISSIONER WOLFLEY: Okay. So it is allowed. MR. WRIGHT: Yes. COMMISSIONER WOLFLEY: Okay, I'm just trying to get clear on it. Thank you. CHAIRMAN STRAIN: Still on Pages 9 and 10. Anybody have any other questions? (No response.) CHAIRMAN STRAIN: I have just one. And Jeff and Jeff, either one of you, the mobile billboard reference on Page 10, would that now allow us to stop these mobile billboards that caused this whole mess to our sign code in the first place? MR. KLATZKOW: Yes, sir. CHAIRMAN STRAIN: Okay. Any questions from the public through Page 10? Page 14 16 I 1 ~u~e 2, 2009 (No response.) CHAIRMAN STRAIN: Okay, we're on Page 11 and 12. Questions on 11 and 12? Brad I look to you first because you always have questions. COMMISSIONER SCHIFFER: Yeah, and actually it is the bottom of 10 because that's the start of this new section, the small sentence. I'm not kind of sure what that means. What that means is in a nonresidential district I can have all the noncommercial signs I want. Do they substitute for an allowable sign? In other words, ifI'm allowed a wall sign but in lieu of that I put up my favorite quote, does that remove the ability to do the -- is that what that's saying here, that you can -- you don't have to have only commercial signs in nonresidential districts; is that what that's saying? MS. ISTENES: What section are you -- COMMISSIONER SCHIFFER: I'm looking at the bottom of 10 -- MS. ISTENES: Okay, 5.066.04.A? COMMISSIONER SCHIFFER: 04.A, correct. MS. ISTENES: Noncommercial signs are allowed in all districts and may be substituted for any sign expressly allowed under this ordinance. And any sign permitted by this ordinance may display a noncommercial message. Is that what your concern is? COMMISSIONER SCHIFFER: Right. MS. ISTENES: And then your specific concern is they can put anything on there? COMMISSIONER SCHIFFER: Right. MS. ISTENES: Yes. COMMISSIONER SCHIFFER: And it does take away from a wall. In other words, in lieu of a wall sign I chiseled in, you know, no good deed goes unpunished over my doorway-- MS. ISTENES: Correct. COMMISSIONER SCHIFFER: -- that that would remove some of my capabilities of the wall sign. MS. ISTENES: Correct. COMMISSIONER SCHIFFER: Okay. Page 11, the -- first of all I think, you know, we're back to some bolding. But number two, the intent is not to have moving floodlights, correct? So what you're saying is non-revolving, yet would I be able to come in and play Philadelphia lawyer and have my sign going -- my lighting going side to side or up and down, and essentially I'm non-revolving? MS. ISTENES: As long as there's no motion associated with it, that's my understanding of the intent. COMMISSIONER SCHIFFER: Then why don't we say that? Because revolving is a circular motion. And I can think of other motions. MS. ISTENES: Motionless or something to that effect? COMMISSIONER SCHIFFER: Static is the word I'm thinking. MS. ISTENES: Static? Okay. COMMISSIONER SCHIFFER: Number three, the use of accent lighting. First of all, accent lighting's defined in the code, which you say in the following language. So what -- can we just bold it and take out as defined by the Land Development Code? MS. ISTENES: Okay. COMMISSIONER SCHIFFER: Once you bold it, you're telling us that. MS. ISTENES: Right. COMMISSIONER SCHIFFER: Number five, isn't that information that would have been required Page 15 ~-i ~ '14 frA~ 2, 2609 'j I ~ in a building permit anyway? In other words, someone's coming in, he's going to have to have information from the property owner authorizing him to do that. MS. ISTENES: Yes, I looked at that myself: thinking that was duplicitous, and I -- no, go ahead, Diana. Thanks. MS. COMP AGNONE: Diana Compagnone, Sign Plan Review for the Building Department. What that's doing is where the property owner of say a strip center or the mall, he is basically approving the signage for the tenants, and instead of a unified sign plan that we had previously that did not work. So basically he's policing his own centers. And this way he's aware of what signs are going up. And ifhe has color restrictions or something that he doesn't want to allow on his center, then he won't sign the authorization letter. COMMISSIONER SCHIFFER: Okay. So in other words, this -- in lieu of the permitting process, you have a process where there's an affidavit that the owner signs stating that this sign's okay. And when would that come into the process, at the time of permit, or what? MS. COMPAGNONE: At the time of permit. It's just part of the application. MS. ISTENES: What we're trying to avoid is somebody coming in and putting up a sign where the property owner may have further restrictions, for a shopping center, for example, and somebody comes in independently and pulls a sign that's in conflict with that. then we kind of get in the middle of that. So it's just putting people on notice that that's required. COMMISSIONER SCHIFFER: I'm good. How many pages did you say? CHAIRMAN STRAIN: Just two, 11 through 12 right now. COMMISSIONER SCHIFFER: I'm done. CHAIRMAN STRAIN: Anybody else? Mr. Vigliotti? COMMISSIONER VIGLIOTTI: No. CHAIRMAN STRAIN: Anybody from the public? COMMISSIONER SCHIFFER: Wait a minute, I'm sorry. I just saw one little line. On number eight you're actually kind of just redefining double-faced signs. In the definition of it it states what you're stating there; is that right? MS. ISTENES: Page II, double-faced sign shall be measured by one side only, if both sides display the same graphics. What's your question on that? COMMISSIONER SCHIFFER: The question is that's also the definition of a double-faced sign. So what I'm saying, why is that there, just out of -- if you go back to Page 2 and look at double-faced sign, it's MS. ISTENES: Generally what we're trying to do is not regulate through the definitions. And if we've done that we ought to take that out of the definition and put that just in the regulations themselves where they are now, in number eight. We strive not to regulate through the definitions. It's not always possible, but that's -- but I agree with you, that is a duplicate. COMMISSIONER SCHIFFER: I mean, a double-faced sign, I mean, you're not really regulating it, you're defining it that it's a sign with the same thing on both sides. MS. ISTENES: Well, we're putting a definition -- or we're putting a development standard in the definition and we don't want to do that. It really should stay on Page 1 I. So I would just take your suggestion a step further and perhaps remove it from the definition, and that would remove the duplication. COMMISSIONER SCHIFFER: Okay. MS. ISTENES: If that's your concern. COMMISSIONER SCHIFFER: Well, it's the opposite of my concern. but it solves the same Page 16 16' 1 A aune2~ 2009 problem, so okay. CHAIRMAN STRAIN: Okay? Next two pages will be Pages 13 and 14. Anybody have any questions on those pages. Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah, I do. CHAIRMAN STRAIN: I knew. Why did I know? COMMISSIONER SCHIFFER: And I guess the thing is down on Page B.A, the heights measured from the nearest public or the private right-of-way -- I'll tell you what, forget that, that makes sense. I questioned it when I read this, but it's making sense. Down at G, some ofthe ways these things are described, where for lots of frontage no less than 100 feet but no more than 149.9. I mean, I know what you're trying to say, it's less than 150 feet. So why don't you use that? Because that does leave a little no man's land of .95 which -- so in other words, in all of these cases where you're using this fraction, I would just recommend, you know, but less than 150 feet down below it, but less than 220 feet. Because that's what you're trying to say. MS. ISTENES: Okay. COMMISSIONER SCHIFFER: And how far do we go on this one, Mark? CHAIRMAN STRAIN: Two pages. We take them two at a time. So it would be 13 and 14. COMMISSIONER SCHIFFER: Okay. Let me come back for 14, let's see if anybody else has a question. CHAIRMAN STRAIN: Anybody else have any questions? (No response.) CHAIRMAN STRAIN: No, Brad, looks like you're the man. COMMISSIONER SCHIFFER: Okay, the ii. I guess what my question was is, is the ii additional -- you're saying in addition. So essentially you could cancel out what single i is by what happens in ii? MS. ISTENES: I'd have to contemplate that one a little bit. Diana, is that something that's jumping off the page for you? COMMISSIONER SCHIFFER: You know what I'm saying, Diana? In other words, we're saying that a ground sign can do this. And then you define a lot size for i. And then you define a lot size for ii. And I don't think the intent is to build these up, because if that's the case some of them will overlap in their parameter and you could actually start adding signs. MS. COMPAGNONE: We didn't change any of that, just for your information. But the first A through G there are like the overall restrictions for these smaller signs. And then when we go into two ii and three iii, those are the size limitations for the different lots. MS. ISTENES: So in other words, the regulations are categorized under each sign, based on the frontage of the lot, so -- MS. COMP AGNONE: Correct. COMMISSIONER SCHIFFER: Okay. So the phrase in addition means you also have the requirement of; is that right? MS. ISTENES: I think if we took out the word in addition, I think that might-- COMMISSIONER SCHIFFER: That might help. MS. ISTENES: It sounds like you get additional -- COMMISSIONER SCHIFFER: Additional signs. That's -- when I read it, I could justify it. MS. ISTENES: Okay. That makes sense. MS. F ABACHER: But the point is is the in addition meant that those things have to refer back and follow the development standards ahead under A through -- MS. ISTENES: Okay, I think Catherine's commenting that in addition means you have to go -- that Page 1 7 " r idi .;"'~, l ~~, k' jol ll..,. rI June 2, 2009 refers back to the A through G development standards. Maybe there's a better word that we could just refer back to that rather than -- COMMISSIONER SCHIFFER: You can just circle it and then read it at a different time and just see if there is a problem there. MS. ISTENES: Okay. CHAIRMAN STRAIN: Okay, anybody else, questions through Page 14'1 Members of the public? (No response.) CHAIRMAN STRAIN: Okay, Pages 15 and 16. Brad? COMMISSIONER SCHIFFER: Yeah, let me see. Let's start with 15, number four. Is a -- a tenant that has more than one unit, is he allowed more than one sign? MS. ISTENES: Diana? COMMISSIONER SCHIFFER: This is four. MS. COMPAGNONE: If the units are interconnected, then it's really, whether you've got two units, three units, you've really become n you've combined it and become one unit. So we do treat it that way, as one combined unit. And obviously your square footage has increased so your signage size would increase along with that. COMMISSIONER SCHIFFER: And your wall length, all that other stuff? MS. COMP AGNONE: Right, right. COMMISSIONER SCHIFFER: Okay. But I am only allowed one sign. In other words, I can't come back and say I want n I take three units in a shopping center, I want three smaller signs. Could I break it up into three anyway? MS. COMP AGNONE: You can break it up into three as long as you combined it. I'm going to say we use like an imaginary box that we put in there. And yes, we do count the dead area in between. But it's where a lot of people will get the three smaller signs and space them out on the unit if they want to that way. The code only allows for larger buildings to split their signs up if you have over 25,000 square feet and a front wall length of 200 lineal feet. COMMISSIONER SCHIFFER: Okay. So what you're saying, if I did get three units, I did put three signs, I would be measured from the outside facing the three signs. MS. COMP AGNONE: Uh-hum. COMMISSIONER SCHIFFER: So I would be wasting a lot of sign space with dead space. Okay, on Page 16, I guess let's go to D. This is -- what you said is you've added this. This is new. But what you're allowing is one more wall sign, if it's not visible from the street right-of-way and everything. And again, it goes back to the concern is that why you have control over signs in there? For example, let's just take the two shopping centers, Coastal, a mall with a roof, I guess a good example is Waterside, a mall without a roof. One you control the signs, one you don't. I mean, I don't think the intent of the sign code is for the view from the air. So in other words, if the sign is not visible in an outdoor courtyard, why are they still considered a sign? MS. ISTENES: This was essentially our recommendation to address the issue, but it's open for discussion as far as I'm concerned. Because this is something -- like I said, this was an interpretive -- an interpretive issue came to me saying do you regulate the walls internal to the shopping center, similar to what you pointed out. And the code really just didn't address it. My feeling, my recommendation, is similar to what you have, to the opinion you've expressed. And Page 18 16J lA2 ~.~ June 2, 2009 I guess this was kind of our way just to put in an allowance, because based on feedback we've been getting from the tenants of those buildings -- am I stating that correctly, essentially? But I'd open it up to the board for discussion. COMMISSIONER SCHIFFER: And I think from my research in the thing, in the code it says exterior; I mean, in other words you're controlling the signs that are on the exterior of the building. Isn't that right, Diane? I mean, the -- MS. ISTENES: Well, it's not clear. That's why in this case we brought this forward. And we had -- again, not wanting to open up this huge can of worms and come into this big discussion, this was sort of our way to try to address the immediate problem and then look at it kind of in the future. COMMISSIONER SCHIFFER: Well-- MS. ISTENES: So that's where we are with that. COMMISSIONER SCHIFFER: The reason I think we have a problem is that staff interpretation of the word exterior means inside or outside, not visible on the outside of a building, the exterior of a building. In other words, a courtyard, I mean, there could be a U-shaped courtyard you look into. So obviously I think courtyard isn't the absolute word. But there are a lot of courtyards that are concealed what's going on on the inside. And yet you're still controlling the sign because it's on the exterior -- it's an exterior space, no roof. And I think we're going to see a lot more exterior court buildings designed in the future. Yet if you put the roof over it, you don't control the sign. So the -- you know, neither of which are visible from the right-of-way or adjacent properties. The fact that the consultant started fixing the definition of sign, that direction is what kind of makes me think there might be something we should be doing with that. CHAIRMAN STRAIN: Susan, as a suggestion, why don't we just exempt signs not visible from the public right-of-way or from adjoining properties? And that way if someone wants to gaudy up and make the inside of their property look like crap, then let them do it, what do we care? No one can see it. And that might resolve the whole issue and it's not an issue anymore. MS. ISTENES: Would you be satisfied if we culled out courtyards? And I don't want to try it on any constitutional issues, so please stop me if you think I'm going there. Things like courtyards or malls or internal malls. I only say that because that's really broad. And without some time to contemplate that, I just -- I'd rather be a little bit more conservative. And I think that will still address the problems that we've had or the issues that were brought up, and it broadens what we have here now, if I'm understanding correctly. In other words -- in other words, say we're not going to regulate it but then cull out those areas that we wouldn't regulate it, like a mall. MR. KLA TZKOW: Let me just see if we can get direction from the Planning Commission. Is it your direction that signs that are not visible to the public, we should not be regulating? CHAIRMAN STRAIN: Visible to the public, exterior to the property they're in. I mean, the public's -- I mean, for example, Coastland Mall, all the signs within the mall are visible to the public. But it's only the public that decides to go in there. That's the distinction. And J think if you want to go into a place where there's a lot of signs, so what? You have a right to do it. And then ifthey want to go into that mall, they want to make solid signs, wall-to-wall, so you walk down and you're engaged by signs on both sides, who cares? As long as you drive by only Golden Gate Parkway and 41 and you don't see those signs, what do we care if the public -- I mean, at that point who cares? MR. KLATZKOW: Yeah, is that the consensus of the Planning Commission? COMMISSIONER MURRA Y: J agree with that. Page 19 . . " .' ,:,,'-) ,; j ! June 2, 2009 COMMISSIONER WOLFLEY: Yeah. MS. ISTENES: Okay. COMMISSIONER SCHIFFER: And here's what I think the best solutions for it is exactly what the consultant was sending us down. He had words in the definition of signs that exempted. And here's what he said. He said, and I'd like to -- MS. FABACHER: Apologize, Commissioner. We-- COMMISSIONER SCHIFFER: Here's what he said. He said, you know, which is visible from any street, right-of-way, sidewalk, alley, public property. Wbat I think would be better is, which is visible from any public property, (i.e. street, right-of-way, sidewalk, alley, et cetera), or adjacent private property. In other words, it's not just running down the street, it's if I live next door to something I don't particularly want a courtyard opening up towards my property with essentially the signage of Tokyo in it. So -- and if we put that in the definition of sign, the reason that's important is because that means you don't read further, you don't get mixed up in whether you have to follow these regulations or not. MS. ISTENES: Is that the -- CHAIRMAN STRAIN: Anybody have a problem with that? MS. ISTENES: -- consensus of the board? CHAIRMAN STRAIN: It says the same thing that-- COMMISSIONER MURRA Y: Yeah. MS. ISTENES: I may talk to you later about the exact language you suggested. COMMISSIONER SCHIFFER: I can give it. I wrote it for the last meeting. MS. ISTENES: Okay, great. CHAIRMAN STRAIN: Okay, any other questions on Pages 15 and 16? If not -- COMMISSIONER SCHIFFER: Wait. wait. CHAIRMAN STRAIN: Brad? Ifit wasn't the fact we needed a quorum, this could have been held by Brad by himself. MR. KLA TZKOW: He's doing a fine job. COMMISSIONER SCHIFFER: Sorry about that. COMMISSIONER MURRAY: No, you're doing a fine job. COMMISSIONER SCHIFFER: I guess that's my main focus. I had something on ei, adding a b that, you know, where does the time and temperature sign show up again? Is that what we're trying to describe in -- MS. ISTENES: Let me -- hang on a second. And I don't mean to jump back, but I just want to clarify one thing on our last discussion. Your suggestion is to remove d at the top of Page 16 and address it in the definition? Before we leave that, I just want to make sure. COMMISSIONER SCHIFFER: I think my -- yeah, if you did put it in the sign definition, D would not be necessary. MS. ISTENES: Okay. That's my understanding, I just want to clarify that. Okay, the next question was -- hang on a second -- time and temperature signs. Diana, can you answer that? MS. COMPAGNONE: The time and temperature we were trying to address on Page 13, f. COMMISSIONER SCHIFFER: Okay. MS. COMPAGNONE: The -- and on 16 ei, that's where we were trying to address the open signs without culling them out as open signs, because that was content based. COMMISSIONER SCHIFFER: Say that again, what page? I'm sorry. MS. COMPAGNONE: 16. Page 20 161 1 A ') ".~ Oune 2,' 2009 COMMISSIONER SCHIFFER: Sixteen, okay. MS. COMPAGNONE: You asked about ei. COMMISSIONER SCHIFFER: Okay, yeah, that's -- so -- but we're not allowed any animated activated signs. So wouldn't that be an animated activated level one? Assun1ing they don't want a secondhand. So shouldn't we note that? MS. COMP AGNONE: It's actually a window sign is ei. It's an illuminated window sign. That's where we tried to compensate for the fact that the open sign was in the exempt section of the sign code that we currently have. But that's content based. So the consultant said we needed to take the content out of it. COMMISSIONER SCHIFFER: I guess the other question, five -- and sorry it takes so long, but I have to remember what these scribbles are up to. Number five, the menu board. Is the intent there to have only one sign per lane, or could I have two signs on one lane? MS. COMP AGNONE: The intent is to have one menu board per lane, per drive-through. COMMISSIONER SCHIFFER: Per lane. And I could have two lanes and both of those could have menu boards. In have three lanes you're going to have to turn up the volume on the menu board ofthe adjoining lane. And then fi, it goes back to the authorization. But I guess here the logic really makes sense, because this is where the owner limits which tenant in a multi-story building gets the sign rights to the building. Okay, I'm done. CHAIRMAN STRAIN: Anybody else through 16? (No response.) CHAIRMAN STRAIN: 17 and 18. Brad? COMMISSIONER SCHIFFER: 17, 8.C. The permit to get a flag pole has to be put up with a permit. It's a structure. So it would cover all of those things in C. So shouldn't we just state that the flag pole has to be permitted? Which maybe we don't even need to state that. MS. ISTENES: Are you comfortable with that, Diana, or is there some compelling reason that-- all the details in there? COMMISSIONER SCHIFFER: I mean, here's the thing is you're kind of regulating trade. You're doing a lot of things in there that the permit really is responsible for, at least the building code requiring who does what where. MS. COMP AGNONE: Maybe we can word it differently. The only thing that I'm getting out of that is that any -- a flag pole that's under 15 foot in height would -- COMMISSIONER SCHIFFER: Would have to be permitted. MS. COMP AGNONE: -- not need to be permitted. COMMISSIONER SCHIFFER: But it would by the building code. Any structure has to be permitted. Any structure -- I mean, I don't want a IS-foot flag pole flying through my house during a hurricane, you know. I don't want a 10-foot one. I mean, in other words, I don't -- here's the concern, is that you're actually doing a requirement that the other code is going to trump anyway. MS. COMP AGNONE: That's just the way -- COMMISSIONER SCHIFFER: And it's going to require -- MS. COMPAGNONE: -- current code -- I'm sorry. That's the way the current code is written, so we left it that way. Page 21 :; I ,f n .':::,\ .. /,.1 '....,.-..' , '"jJ! . ,~, --...." "',Y .-. ",1 i\ t. June 2~'2009 COMMISSIONER SCHIFFER: So is the -- but again, you're discussing construction here. So what you're saying here is that any flag pole less than 15 feet does not have to have a structural permit. And you don't really have the right to say that. So I just think it should be pennitted per applicable governing codes and get it over with and let somebody else worry about that. COMMISSIONER MURRA Y: J have a question regarding that. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Brad, does that also relate to the maximum flag area that the pole can handle, that part of that -- COMMISSIONER SCHIFFER: Part of the structural analysis will be the wind resistance of the flag. COMMISSIONER MURRAY: So that's all in that permit? COMMISSIONER SCHIFFER: For sure. COMMISSIONER MURRAY: Okay, thank you. COMMISSIONER SCHIFFER: Remember, the building code doesn't want it to fall down. So you can be assured that it's -- a lot of people spend a lot of time trying to figure out how that happened. Ten on 18, it says we're in the -- and the concern is we're in the nonresidential -- forget it, I can't figure out what it is I'm saying there. I'm done. CHAIRMAN STRAIN: Okay, anybody else through Page 18? (No response.) CHAIRMAN STRAIN: Anybody from the audience through Page 18'1 Yes, sir. Gentleman in the back, you want to come up first, then the other gentleman. Just have to identify yourself for the record. MR. STEPHENSON: Steve Stephenson with Lykins Sign Tech. I have a question. On the flag poles in your residential, a permit is not required on a IS-foot or under. That was also in the residential flag poles. So if you're going to change it in commercial, you're going to change it in both? COMMISSIONER SCHIFFER: WelL my point is I think we should just reference the governing codes. Because the illusion here is that you could read this and say I don't have to get a permit for my 14-foot flag pole. MR. STEPHENSON: Right. There's an awful lot of flag poles in homeowners that are 15 foot and under that are not permitted. MS. ISTENES: We could simply reference where required by Florida Building Code or other applicable statute, a permit shall be obtained. COMMISSIONER SCHIFFER: I would just say governing code. MS. ISTENES: Governing code. COMMISSIONER SCHIFFER: You might have to have a fire plan review in this county. MS. ISTENES: Okay. CHAIRMAN STRAIN: Is that alL sir? MR. STEPHENSON: Ijust want to make sure it's all the same. CHAIRMAN STRAIN: Appreciate it. thank you. Next gentleman? MR. BOYD: Michael Boyd. And if I could briefly go back to Page 16.F, multi-story buildings. I'd ask the commissioners to please consider, multi-story buildings are being penalized. They can only have a sign on the top of the building and the ground floor. And the ground floor is then required to -- Page 22 1 lA' '" 6 J Tune 2, 2009 can't exceed 64 square feet. Where typically they could do up to 150 square feet. And under the present economic conditions, multi-story o\\-ners are having difficulty attracting tenants because they can't do tenant signage on any floor above the first or the top of the building. So I'd like to request that you consider allowing them to do the full 150 square feet on the bottom ground floor. CHAIRMAN STRAIN: Susan, do you want to-- MS. ISTENES: We're not addressing that in this code revision, we're just simply addressing the constitutional issues. So we will certainly note it, if the board wants us to note it as a potential for a future amendment. CHAIRMAN STRAIN: Well, I think you're going to be coming back with other rewrites, you made that comment earlier. And when you do, that would be one to consider. If you form that committee in which you participate with the public, this gentleman's comments should be included at that time. Sir, I hope you understand that the purpose of today's meeting, some of those items we cannot get into. COMMISSIONER SCHIFFER: Mark, comment. CHAIRMAN STRAIN: Mr. Schiffer, go ahead. COMMISSIONER SCHIFFER: And it's really on form. Notice, that's one ofthe other phrases it uses, in addition. So the point he's missing is that what that really allows is an additional sign on the ground floor of 64 square feet. It's not reducing the sign, it's allowing him in addition another sign, correct? MS. COMPAGNONE: The in addition refers to the sign that's at the top of the building. So each tenant on the first floor units can have a 64 square foot sign and then -- over their unit. And then the big sign at the top of the building. COMMISSIONER SCHIFFER: But the point I'm making is that the big sign at the top of the building, and then this is in addition to that you can have this. So again, you know, remember the phrasing we discussed earlier. I mean here it's clear and I agree -- MS. ISTENES: Understand. COMMISSIONER SCHIFFER: -- with what it's doing. But if you take that back to that other chapter, it starts to confuse. MS. ISTENES: Understand. CHAIRMAN STRAIN: Okay, we'll move to Pages 19 and 20. Does anybody have any questions on Pages 19 and 20'1 Brad? COMMISSIONER SCHIFFER: Okay, number 14, hand-held signs. So this is essentially the banana sign spinning around for the yogurt shop, which was a talent we haven't seen in Naples yet. But do we want it? MS. ISTENES: It is, and that is on the matrix two. Did you want to, Mr. Chairman, wait, you had indicated earlier, or do you want to talk about that now? CHAIRMAN STRAIN: Well, in order to kind of keep order in regards to how we follow everything that's happening, Brad, what I was -- and if we have that kind of question with this, when we get to that matrix, the last two pages, we'll go back, focus on those items and turn back if we need to in the document. COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: Then at least just let's get through the first 32 pages of the document first. COMMISSIONER SCHIFFER: One thing in there. Since you're saying that a sign can't -- you can only have two, they can't be bigger than 16 feet. Do you need the aggregate sign area cannot exceed 32 feet? Because just doing the Boolean logic, if I can't have a sign greater than 16 feet and I'm allowed two of Page 23 __ .r _.11 'jl;!r>'Oi_""'."~"_(__"~"'_''''''''''''''''''''~'''''''''_'''",i''_W___~...... ""...---..---------,...-,--- 161 -'I ' . .l (June 2, 2009 them, how would I ever cause confusion with the 32 in parenthesis? It's not like I could make one 10 feet and the other one 22 feet. Because that would violate the 16 feet. I just think you could remove the aggregate sign area sentence. And then -- does that make sense, Susan? I mean, you know what I'm saying? MS. ISTENES: Yeah, I'm going to contemplate it a little bit while you're going, in preparation for future discussion on that. COMMISSIONER SCHIFFER: I promise, no trick there. It's just Boolean logic. Okay, the mobile billboard. It's unlawful for any person to display or construct. Since this is noncommercial, could not we have a factory that builds mobile billboards? Would this limit the ability for that to exist? So I end up -- I open up a shop, I sell them to Mian1i and I make them in Collier County. You've essentially made it illegal for me to construct them. MS. ISTENES: I don't read it that way. Jeff: are you-- MR. WRIGHT: Well, I had some concerns with construct, too. And this came directly from our consultant. I suppose one way of viewing it is mobile billboards are defined as those that are displayed on a vehicle; principal purpose of the vehicle is the sign itself. So if you're talking about it in a manufacturing context, you're not really dealing with a sign that's displayed upon a vehicle until it's on the vehicle. So if you're -- if they're stocked up in a factory, you know, that's -- the construction of them is not necessarily fitting the definition of a mobile billboard. COMMISSIONER SCHIFFER: But why would there be a concern on -- you know, I can see in the -- and again, we use the float. And Jeff is an attorney with common sense. That's not common. But the concern is somebody -- for example, we could have a company that makes floats and somebody saying the floats have commercial information on them and you can't have a float company in Collier County. But the point is why is construct in there. I guess to sum it up. What is the concern there, you can't create these things that will ultimately violate the county, or -- MR. WRIGHT: The more I look at it, the more I think there's really not a context where that word construct is going to help us regulate at all, so I'd say strike "or construct". COMMISSIONER SCHIFFER: Agreed. MR. WRIGHT: Unless there's some opposition from the staff. I think it's -- CHAIRMAN STRAIN: Mr. Wolfley, then Mr. Murray. COMMISSIONER WOLFLEY: Could we please go over again -- and I don't want to keep bringing up the name of the company that's on the cars, the antique cars, but what is our issue? Is it grandfathered? Is it a -- I know we don't want to get into an issue with the company, but what is our stance on that? CHAIRMAN STRAIN: Why not? The name of the company you're talking about is Truly Nolan, right? COMMISSIONER WOLFLEY: Truly Nolan. CHAIRMAN STRAIN: What is the issue with Truly Nolan? COMMISSIONER WOLFLEY: There is none. I think it's fine. But I just want to make sure, they are able to do that. And any other company can put an antique car out there, Dave's Car Wash, that's -- that is not permitted? CHAIRMAN STRAIN: Or Dave's Jatropha Sales. COMMISSIONER WOLFLEY: Dave's Tree Sales, yeah. That gives me an allergy. CHAIRMAN STRAIN: Did you already answer the question earlier, or-- MR. KLATZKOW: I don't know what to tell you. I mean, I've got people in technical violation of Page 24 16 11 A ~une'2oo9 our code every single day. It doesn't mean we start code enforcement actions on them. If something is truly a public safetylhealth issue or truly offensive to the code, it's one thing. But -- COMMISSIONER WOLFLEY: I'm leading into something else here too. MR. KLATZKOW: Now, you know, if I'm asked to prosecute, would I? Yes. I just -- it just doesn't strike me as something that the county should be spending resources on. COMMISSIONER WOLFLEY: No, okay. So there's a vehicle, a pickup truck -- he mumbles. There's a pickup truck that has let's say two portable flags out of each one of the holes of a pickup truck that has a directional Joe's Cafe with arrows on it. Is that a mobile sign -- they drive it home every day, it's got a Florida flag on it, a U.S. flag on it and it has Cafe Down There. Is that permitted or not? And they drive it home. MR. KLATZKOW: Is he parking at his place of business? COMMISSIONER WOLFLEY: Yes. MR. KLATZKOW: Then I'm not so sure I care. Because I can have another guy that has a van, Joe's Plumbing -- COMMISSIONER WOLFLEY: Yeah. MR. KLATZKOW: -- and he parks it right by his store, and I don't have an issue with that. The issue I have, and I think the Chairman, you know, gave a good example, is somebody gets a big truck, Eat At Joe's, big sign, Joe's is two miles down the road. That's now more of a multi-billboard -- COMMISSIONER WOLFLEY: On premise is not a problem. MR. KLATZKOW: I don't have a problem with it. COMMISSIONER WOLFLEY: Okay. I've seen many of them. And I didn't have a problem with it, I just -- I read this and it sounded as though it was not permitted. CHAIRMAN STRAIN: Mr. Vigliotti, then Mr. Schiffer. COMMISSIONER WOLFLEY: Okay, so it's fine. COMMISSIONER VIGLIOTTI: Dave, I think what happened with Truly Nolan is that's his real name, Truly Nolan. It's not so much the name of the company he's promoting. And I think that they had a problem stopping him from using his name. MR. KLATZKOW: You know, it's part of the character of the community, as far as I'm concerned. COMMISSIONER VIGLIOTTI: I'm okay with it. COMMISSIONER WOLFLEY: It's all over the country. It's everywhere. I mean, it's not in Collier County, it's everywhere. MR. KLATZKOW: Look, cars present the problem. I mean, I've got bumper stickers on cars. I don't know where you can differentiate -- COMMISSIONER WOLFLEY: Exactly. MR. KLATZKOW: -- between free speech and commercial speech. Then you have people who are decorating their cars with their company logos to the point that they're really moving signs. I don't know, it's just not something that we've been prosecuting. MS. ISTENES: I think one of the issues may be if they're parking their car or displaying a sign on a car in front of their business on their business site, potentially that could just be a violation of having signage in excess of code required. COMMISSIONER WOLFLEY: Four square feet. MS. ISTENES: You know, unless they were using the vehicle for -- with respect to operation of the business, versus just parking there. But then that gets into are you actually using the vehicle for your business versus just parking there. So it gets pretty complicated pretty fast. COMMISSIONER WOLFLEY: Well, now Jeff just said you are prosecuting. You said you are or are not? Page 25 (,;:'i ;1 " " l ,"\ I "I l (, 11.,.',..1 June 2, 2009 '- MR. KLATZKOW: No, we're not. COMMISSIONER WOLFLEY: Oh, you're not. MR. KLA TZKOW: But if asked by the board, yes, we could prosecute. COMMISSIONER WOLFLEY : WelL no, no, that wasn't my point. I don't have issue with it. I just read this as it was not permitted. CHAIRMAN STRAIN: Sometimes, though, the more you bring things up the more other people watching this show might have issues with it and then we have a prose -- COMMISSIONER WOLFLEY: Then I'll shut up. CHAIRMAN STRAIN: You've been beating Truly Nolan to death this morning. COMMISSIONER WOLFLEY: No. I'm not, I'm just saying I enjoy them. I n COMMISSIONER SCHIFFER: WelL then don't point them out. COMMISSIONER WOLFLEY: But it didn't have anything to do with Truly Nolan. CHAIRMAN STRAIN: Mr. Schiffer? We're still up to Page 20. COMMISSIONER SCHIFFER: Yeah, let me wait. Susan's in conference. CHAIRMAN STRAIN: Susan, Joe? We need to move on. COMMISSIONER SCHIFFER: Susan, before we go into enforcement, what -- where does the political sign fall? MS. ISTENES: I'm sorry, I didn't hear you. COMMISSIONER SCHIFFER: Before we go into the enforcement, where does the political sign fall in this thing? MS. ISTENES: Catherine will answer that. MS. F ABACHER: Thank, you, Susan. Commissioner, that is going to go under issuing a special temporary use permit, which we have in Section 5.04.05. We're going to put a lot of the things -- it already talks about temporary sales permits for coming soon, grand opening. All of those sort of things were too content based to stay in the sign code. So we hope to cover them and put that information into another section outside of that chapter to hopefully -- no, it's in that chapter. But hopefully to avoid -- that was one of our consultant's suggestions, recommendations, is that we do kind of n we did that with the model home signs too now. It's under the standards for model homes. And if they want to attack the whole model home section, I guess we're vulnerable, but -- COMMISSIONER SCHIFFER: No, Catherine, that's good. That's a good idea. CHAIRMAN STRAIN: Okay, we'll move on to Pages 21 and 22. Anybody have any questions on Page 21 and 22? Brad? COMMISSIONER SCHIFFER: I don't. I don't show up again till 30, so -- CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: -- you guys got a break. CHAIRMAN STRAIN: Anybody have any questions -- COMMISSIONER VIGLIOTTI: Moving right along. CHAIRMAN STRAIN: -- between 22 and 30? COMMISSIONER SCHIFFER: I have a question. CHAIRMAN STRAIN: Okay, Page 30. Brad? COMMISSIONER SCHIFFER: The question is that there's requirements for signs for the automobile service station in the architectural standards. Should we not pull them out of there and maybe in that standard just reference the section in the sign code? I kind of like a code where all the sign requirements are in it, obviously except tor the one Catherine just mentioned, but -- Page 26 16 I 1 A 2Tun~, 2009 MS. ISTENES: If you notice, on the bottom of Page 26, if you haven't already, that sort of ends the sign code. And then Catherine has pulled out -- what did we call it, the skirt? All of the various sections of the Land Development Code that have references to sign ordinances, that's -- or signage. That's why you see the different numbers, 2.03.06 and 3.05.1 0,4.02.26. The automobile service station location was at a recommendation from our consultant to relocate it there. He did have some concerns over the wording in there and felt that it was safer, in other words wouldn't jeopardize the remaining portion of the sign code ifit was located under all the other development standards for automobile service stations. My thought is perhaps we could make a cross reference in the sign code itself, but I'd like to discuss that with the consultant a little bit further. COMMISSIONER SCHIFFER: But let me -- so the question -- so in other words you've moved this from the sign into the architectural standards. MS. ISTENES: Correct. COMMISSIONER SCHIFFER: It wasn't in the architectural standards before? I think it was. MS. ISTENES: It's under the development standards for automobile service stations, it's not under the architectural standards. There's a whole section in our code -- there's a whole separate section in our code dealing with development standards for automobile service stations. Back in '98, I believe, the -- actually earlier than '98 -- '94 the Board of County Commissioners directed a study on automobile service stations, and gateways to the community. COMMISSIONER SCHIFFER: So anybody who's going to be building a sign for the -- they would go to, you know, .05.05.05 and in there they would have to honor -- I mean, maybe -- I do think we should reference somewhere in the -- MS. ISTENES: In the sign code? COMMISSIONER SCHIFFER: Yeah. To make sure that somebody doesn't read the sign code and say, hey, there's nothing different about an automobile station. MS. ISTENES: I'll speak to the consultant on that. I don't think it will be a problem, though. CHAIRMAN STRAIN: Is that your only question, Brad? COMMISSIONER SCHIFFER: That's it. CHAIRMAN STRAIN: While we're on Page 30, C, Item D, under the automobile service stations. Signage is prohibited above gas pumps. You know that's impossible? I mean, I can -- anywhere you go to get gas there's signs above the gas pumps. So I don't know if that -- what you mean by that. But I know that's not probably an object to change today, but I just thought it was interesting that that's there. I'm going to go stop at BP and they have come in and eat and buy food right up in that little placard on top of the gas pumps. I think everybody has them. MS. ISTENES: Well, this is older. This -- but that is -- the commercial message is what's being restricted. Essentially you may have directions on how to operate the pump. I've been asked that question. And honestly, I haven't -- I've counted -- I've not counted that as signage, because it's directional operations to operate the pump. But when it gets to the commercial signage, you know, hot dogs, two for 50 cents and things like that, that's considered additional commercial signage over and above, and that's why it's targeted. CHAIRMAN STRAIN: Okay. Well, it's not an issue for today-- COMMISSIONER MURRAY: Well, can I -- CHAIRMAN STRAIN: -- I just was curious. Go ahead, Mr. Murray? COMMISSIONER MURRA Y: There's also now I've seen it where they have little TV tubes with advertising on them. So this is going to expand. I mean, so you'd probably need to look at that. Page 27 r I June 2, 2009 CHAIRMAN STRAIN: Page 31, questions, anybody? (No response.) CHAIRMAN STRAIN: And the most intense page we have is Page 32. COMMISSIONER SCHIFFER: I have a n no. CHAIRMAN STRAIN: You have a question? Okay. COMMISSIONER WOLFLEY: Why is it blank? COMMISSIONER SCHIFFER: Why was this blank? What are you guys covering up? CHAIRMAN STRAIN: We're going to be going to the matrix when we get back from break. But before we go on break, for the 32 pages, I see there's a question from the audience. Sir, come on up. MR. STEPHENSON: Steve Stephenson. Lykins Sign Tech. On Page 26, in the permitting process, in the review, the application taking 60 days to get an answer. It seems like an awfully long time to get an answer for a sign. MS. ISTENES: That is referring to an appeal. MR. STEPHENSON: It's in B. MS. ISTENES: In B. I'm not -- MR. STEPHENSON: It's actually the review. MS. ISTENES: Is that Page 25 then? CHAIRMAN STRAIN: It starts on 25 and continues on 26. MS. ISTENES: The permit application review and time lengths. The -- do you want to -- Catherine, do you want to explain why this is added? This -- essentially the advice from our consultant is that permit applications have to be processed expeditiously or somebody could make a claim for -- MR. WRIGHT: Prior restraint. MS. ISTENES: Thank you, prior restraint. And so this is not currently in our code. And honestly, by policy we -- I don't know what your policy is for time frames, but this is essentially to address that legal concern. Do I think it's going to take 60 days to get a sign permit? In 99 percent of the time, no. MR. SCHMIDT: For the record, Joe Schmitt. Florida Building Code, under any type of permitted activity, specifies 30 days. We have to provide an answer within 30 days. CHAIRMAN STRAIN: Why don't we just say 30 here then? COMMISSIONER MURRAY: Yeah. MR. STEPHENSON: Amen. MR. SCHMITT: Now, that means we provide an answer. It doesn't mean you get your permit. And that -- again, that's the Florida Building Code. You can then take action per the code. And Brad knows what I'm talking about, under the code. However, that level of service standard is strictly dependent on the staff providing the service. If the staff isn't there, you may not get an answer in 30 days, so n I mean, but the Florida Building Code is clear, it's 30 days we have to provide some kind of an answer. Whether we turn the applicant down or we provide some kind of a sufficiency review or we issue the permit. And in most cases, Diane, it's certainly less than 30 days. MR. STEPHENSON: Much. CHAIRMAN STRAIN: Why don't you change this paragraph then to be consistent with the building code, and that would probably make it all easier for everybody. Is that okay with this panel? COMMISSIONER MURRAY: Sure. COMMISSIONER VIGLIOTTI: Yeah, 30 makes sense. Page 28 161 lA2 June 2, 2009 CHAIRMAN STRAIN: Thank you, sir. With that, let's take a break till 10:15. When we come back, we'll address the last two pages of the matrices that are in disagreement with our professional. (Recess. ) CHAIRMAN STRAIN: Okay, everyone. Okay, thank you for the break. We're going to go on to the matrix. In the back of the matrix tab that says decision matrices there are two pages. The very last two pages that have a series of references that are somewhat in disagreement between staff and/or county attorney and/or the professional Doctor -- whatever his name is. MS. FABACHER: Van Mandelker. CHAIRMAN STRAIN: Well, Doctor Van. MS. F ABACHER: Doctor M. CHAIRMAN STRAIN: With that I'll ask Susan to kind of walk us through each one of those so that she can get a nod from this commission as to where we would stand on each and any of these at that point. MS. ISTENES: Okay, we're working from matrix two, issues for discussion. And at the top of the page, Page 8 and Page 13 deals with address numbers on residential signs and nonresidential signs. Our recommendation is to leave this section as is, because staff believes this could be argued as a life, safety and welfare provision. This essentially allows -- the code requires that the address numbers appear on the signs currently. And the consultant is suggesting it should be removed because it is content based. Our attorneys looked at it. Their recommendation is consistent with our staff recommendation, and so we need some feedback from you on this. CHAIRMAN STRAIN: Consensus from the board. Do we keep it as staff recommendation? And the word keep in the right-hand column, would that -- this is what that would mean. COMMISSIONER MURRAY: I would agree. COMMISSIONER WOLFLEY: That's right. COMMISSIONER VIGLIOTTI: I would agree with County Attorney. CHAIRMAN STRAIN: Anybody disagree? COMMISSIONER WOLFLEY: No. CHAIRMAN STRAIN: Okay. Pages 8 and 13 are -- wait a minute. Mr. Schiffer? COMMISSIONER SCHIFFER: I just had a concern with the reference. You're talking about Section 5.06.02(B)(1), right? CHAIRMAN STRAIN: (B)(l)(d). COMMISSIONER SCHIFFER: (B)(l)(d). That's a double-faced sign. So that's what I'm -- in other words, we're not referencing that -- MS. ISTENES: Is that a wrong reference; is that what you're saying? COMMISSIONER SCHIFFER: I think. I mean -- CHAIRMAN STRAIN: Well, I think what we've just said is that where you have references to address numbers on residential signs and nonresidential signs, we're recommending you keep that. So wherever it does appear -- MS. ISTENES: We'll take a look and make sure that reference gets fixed up in the matrix. But yes, you're correct, Commissioner Strain. CHAIRMAN STRAIN: Does that work, Brad? COMMISSIONER SCHIFFER: Yeah, just the wrong ref -- but the intent is that you want addresses on signs. If building and fire codes require them on buildings I think this to me is a good idea, so Page 29 --------",~;.......,~--~_.. ,'r ~ I ~ , ! , June 2, 2009 MS. ISTENES: I know this was endorsed by the Board of County Commissioners. In fact, I think they may have even directed us to do that at some past LDC codes. CHAIR11AN STRAIN: Okay, the next one, Susan? MS. ISTENES: Okay. That Section 5.06.02(B)(3), open house signs. This again was actually something that was worked out in a public forum with the Board of County Commissioners and the board ofrealtors. It essentially solved the problem with illegal signs in the right-of-way. The consultant's recommendation is it's content based. We've reviewed it with the county attorney and it's both staffs consensus that we keep this provision in the new code. CHAIRMAN STRAIN: And that is one that came before this board not too long ago that we debated with the realtors expressing their concerns and we ended up with what we've got today, which is the recommendation to keep. Does anybody have any disagreement with that recommendation? (No response.) CHAIRMAN STRAIN: Looks like that one's good to go, Susan. MS. ISTENES: Okay. The next one on the matrix two, Page 9, Section 5.06.02(B)(6), directional signs within residential developments. I'm not sure, I think this has sort of been overcome by events, meaning the staff has discussed it. And we do have a recommendation. And the issue is that we -- that staff felt a need to clarify the maximum number of signs allowed within a residential development. The current code is silent on the issue. Our recommendation now is we don't care to regulate it. CHAIRMAN STRAIN: And I think that's smart. Because developments can be split up in so many different ways internally. How would you ever give each development a fair shake? So basically the reference where it says board decision, you're just going to recommend that -- continue as we are with no recommendation. MS. ISTENES: Correct. CHAIRMAN STRAIN: Okay. Does anybody on the panel object to that as a solution? COMMISSIONER SCHIFFER: No. COMMISSIONER VIGLIOTTI: No. CHAIRMAN STRAIN: Okay. MS. ISTENES: The next one is Page 6 and 11, Section 5.06.04(C)(5), permit numbers on signs. The consultant felt -- currently you're required to post the permit number, and I believe it's a little sticky thing that gets plastered on the back, usually on the back of a sign. The consultant felt it was content based. Regardless of that, that's actually a huge administrative nightmare if that information isn't on signs when code enforcement is going out, trying to figure out if a sign is lawfully permitted or not. It doesn't count towards the sign area, the permit number, and so we felt no reason really to remove it. And we've consulted with the county attorneys and their recommendation is as well to keep this n CHAIRMAN STRAIN: Brad? MS. ISTENES: -- as-is in the current code. COMMISSIONER SCHIFFER: Just a question. You have a minimum height of the lettering ofa half-inch, right? Should we set up a maximum height? I mean, what if some idiot got designs at -- and I get in that idiot mood myself. So what if n should there be a maximum height? I mean, we don't have that high assign that the code enforcement couldn't read it if it's n I mean -- MS. ISTENES: For permit numbers? We're referring to permit numbers here. COMMISSIONER SCHIFFER: Correct. MS. ISTENES: You want a maximum? Page 30 16/ 1A( .. June 2, 2009 COMMISSIONER SCHIFFER: Well, there is no maximum. You're saying a half-inch minimum, but I wouldn't want somebody to make this huge either. I mean, that would be -- MS. ISTENES: We don't see the need. Do you, Diana, or any comments on that? MS. COMPAGNONE: I've seen a couple where they've maybe had them an inch. Probably the tallest I've seen is two. But when you do have a multi-story building and they run them underneath the channel letter to hide them, because it doesn't need to be visible for the general public, just when we're looking for it. Sometimes you needto go with a bigger number so that it's seen. COMMISSIONER SCHIFFER: So you're saying a muIti-story building up on the top floor, that sign has a number on it visible from the ground where somebody with binoculars trying to pick it up? MS. COMP AGNONE: That's how I do the inspection, with binoculars. COMMISSIONER SCHIFFER: Okay. You know. I fold. CHAIRMAN STRAIN: Okay, is everybody satisfied with keeping it as we have? (No response.) CHAIRMAN STRAIN: Okay, that's a good -- Susan, next one? MS. ISTENES: The electronic signs, I --let me just back up a second here, because I don't have the notes I thought I had. I believe at this time, and we've discussed this with the attorney since this was published, I believe, what we're looking at doing is grandfathering in existing time and temperature signs with a recommendation to look at electronic signs during a regular sign evaluation code cycle, like I talked about earlier, and keep what -- the static electronic signs that are permitted now. Did I restate that correctly? So that is our recommendation at this point. I think electronic signs open up a whole plethora of issues and regulatory concerns and requirements. And at this point we're just attempting to address the constitutional issues and not get into that. CHAIRMAN STRAIN: And if I'm not mistaken, the consultant's recommending basically they be wide open. But that decision will come through further input on this subcommittee that you talked about possibly forming with, you know, interaction of the community. MS. ISTENES: Right. And that's at direction of the board. I don't want to -- CHAIRMAN STRAIN: I understand. MS. ISTENES: --leave you with the impression that I'm -- you know, there's this committee forming somewhere and sometime we're going to amend the sign code. That obviously is up to the board to direct. CHAIRMAN STRAIN: No, but when we do amend the sign code, and that seems inevitable, the best way to do it is through a method where we can have interaction with the stakeholders that are involved in the business as well as the public. First in the sub-committee and then that coming forward as a recommend -- I think that would be a good move. MS. ISTENES: Correct. And another reason to kind of promote that too is as a -- you know, when this sign code is implemented, assuming it passes, there may be things that you notice or the public notices that they don't care for anymore as a result of this sign code or something that changes. I know we got into the -- we discussed earlier they can put anything on a sign as far as wording goes, as far as content goes. So maybe that's not a great example, because that's speech based. But I think the point I'm trying to make is every time you adopt a new ordinance there's changes in the community that people maybe decide they don't care for anymore. And so give this -- my point is give this ordinance an opportunity to work and see what the results are of it, and then come back later and look at amending the sign code, based on that as well. Page 31 ,I"') .1<4 1 June 2, 2009 CHAIRMAN STRAIN: Are there any comments on this one? COMMISSIONER SCHIFFER: I do. CHAIRMAN STRAIN: Brad? COMMISSIONER SCHIFFER: First of all, the code reference I think is incorrect. So is actually the one before that. What are you actually referencing? Which code section? The one you did reference is the one in -- MS. ISTENES: How about if I describe it this way: Anywhere the code requires permit numbers to be on signs -- MS. F ABACHER: There's one in -- COMMISSIONER SCHIFFER: I'm looking at -- MS. ISTENES: -- that's what we're after. Is that-- MS. F ABACHER: We cited the commerciaL not the residential. Page 6 is -- COMMISSIONER SCHIFFER: I mean, 5.06.04(C)(7) is the one-half inch lettering, not the electronic sign. So I want to make sure, what section is that you're actually talking about? CHAIRMAN STRAIN: WelL but I think by what we're -- our consensus is the issue, not the section. So you can -- MS. ISTENES: Correct. CHAIRMAN STRAIN: Whenever sections fall that have to be corrected based on the consensus on the issue, that's where it falls. That's how I was perceiving these. That's why I'm not paying too much attention to the section reference. MS. ISTENES: I would agree with that. And I apologize if these are misstated. MS. F ABACHER: And excuse me, if I might also. You know, this was an evolving process. After we worked so hard on the matrices we met again with the county attorney's office and moved things a little bit more. COMMISSIONER SCHIFFER: But the point now is that are electronic signs allowed, which range from LCD panels to I guess the time and temperature -- MS. ISTENES: Right now under the current code, time and temperature and the open signs. Am I missing anything, Diana? MS. COMP AGNONE: No, just the time and temperature. MS. ISTENES: Yeah, time and temperature. COMMISSIONER SCHIFFER: With this passing, what would -- would you not -- remember the activated signs, the levels and all that? I mean -- MS. ISTENES: Correct, the suggestion is to grandfather in time and temperature. The open signs have been addressed already. And then we can leave the definitions for activated signs in, but we just won't have any text to implement them until the bigger issue of electronic signs is potentially addressed in a future sign code amendment. COMMISSIONER SCHIFFER: Okay. So the answer is they're not -- even though we have a definition, all the regulations are silent on activated. MS. ISTENES: Correct. COMMISSIONER MURRAY: So I guess I have to understand something, in may. CHAIRMAN STRAIN: Sure. COMMISSIONER MURRAY: Does that mean these people are now still prevented or precluded from coming and using their equipment here? MS. ISTENES: Any time and temperature sign that exists now would be -- lawfully permitted time and temperature sign that exists now would be, quote, grandfathered in. So it could stay until it was removed or otherwise required to be removed by the code. Page 32 c,1 t9 , f;{ ,9"_:-, ',~J lA' .. tine 2, 2009 COMMISSIONER MURRAY: Maybe I didn't ask the question correctly. I was referring to the cause of the change of this code, that particular company. That since this was struck, are they precluded from coming here and -- MS. ISTENES: Are you -- I think you're asking a different question other than electronic. You're talking about the mobile billboards, which is -- COMMISSIONER MURRAY: Yeah, except that I see in my mind's eye that there are electronic as well as those. We're going to see this plethora of variation. That's a little redundant, I think. But we're going to see variation in type and style and so forth and you're going to see mixture. So I think that has to be considered. And that's why I'm asking. Right now you're saying we're going to look at it in the future. We're going to take that up, right? MS. ISTENES: Right now I'm suggesting that's what be done. Because again, when it comes to sign codes and expanding the size, area, location, how you display a message, type, that gets in -- that really should be considered -- my professional recommendation is that really should be considered by a wide variety of stakeholders, including the general public, businesses. Realtors are typically interested, sign companies are obviously interested, attorneys are obviously interested. And that's essentially what I'm advocating as to how you address substantive holistic changes to the development standards of your sign code. COMMISSIONER MURRAY: I heard every word you said. CHAIRMAN STRAIN: Jeff may have some help with this, Bob, if you want. MR. KLATZKOW: One approach we could take is simply at this point in time prohibit all electronic signs, grandfather the ones that are currently existing and then take the issue to the board and have the public hearings and -- with the thought that down the road we would make the amendment. That's one approach we could take. COMMISSIONER MURRAY: I guess it's for you to deal with. But I'm just curious then, if they won a case in the first instance, wouldn't they have the right to be able to run here, or is there some hiatus that there's -- MR. KLATZKOW: The issue that we had on the case has been taken care of in this code, the mobile electronic sign. The question now is the static electronic signs, what are we going to do. COMMISSIONER MURRAY: Okay, I hear what you're saying. It's just that it's been stated as electronic signs and that's where I was going with this. In the matrix it says electronic signs. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah, and actually what I wouldn't mind, if somebody could actually give me the section, it really -- CHAIRMAN STRAIN: Susan, we're going -- yeah, you guys are going to have to -- COMMISSIONER SCHIFFER: Catherine, what is the section that should have referenced? Because I'm -- so essentially what we're saying is that after this gets adopted you cannot have electronic signs when -- MS. FABACHER: It's 5.06.04, large F.l, small f. And also, Commissioner, if you look on Page 20, Jeff -- the county attorneys helped us craft this language under prohibited signs. And it says, prohibited: Any sign not specifically permitted by this code shall be prohibited. So if we take any reference out -- I'm going to ask the county attorneys, but it would seem as though if we took any reference out it would be prohibited under this -- am I right, Jeff? MR. KLATZKOW: If the intent -- let's just get it -- and I'm asking for direction from the Planning Commission, okay? My understanding is you'd like us to get together with the stakeholders and sit through and hammer this out. That's going to take time. That might take a half a year by the time we're done with this. Page 33 ~s, , June 2, 2009 The issue is do we want to expressly prohibit electronic signs, grandfather the ones that are there until we actually get to that point? CHAIRMAN STRAIN: That seems to be the safest way to approach it until we understand through a more study (sic) what the best way to implement electronic signs would be. I mean, if we leave it for a free-for-all, we could get things that we now are forced to grandfather in when we finally do adopt the ordinance. So maybe the safest cause is not to allow them, except those that are already existing as grandfathered. And then I think the staff suggestion is fine. I mean, I don't know if anybody has a concern over it. COMMISSIONER MURRAY: No. If! may? CHAIRMAN STRAIN: Sure. COMMISSIONER MURRAY: And I don't have a concern. And I understand what you're saying. I'm just wondering, my unfortunate mind the way it works. but if I'm that company and I'm thinking okay, I went to court, they struck the ordinance and now they're prohibiting me once again from coming in and doing what I should lawfully be able to do. If you're comfortable that that's possible while we work this out, then I'm fine. MR. KLATZKOW: I'm comfortable. COMMISSIONER MURRAY: Thank you. I'm fine. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah, I'm still -- Catherine, what page is the reference you have on? You said it was 5.06.14, which -- MS. ISTENES: I think she said-- MS. F ABACHER: F 1 f. MS. ISTENES: Flfunder 5.06.04. MS. COMPAGNONE: Page 13. COMMISSIONER SCHIFFER: Page 13? And it is F 1 f. MS. COMPAGNONE: Should be in red. COMMISSIONER SCHIFFER: So what you're saying is that on a pole or ground sign you can have a level one animated sign; is that right? MS. ISTENES: We're going to strike that. COMMISSIONER SCHIFFER: WelL what if somebody wanted to do a time and temperature tomorrow? He wouldn't be able to? MS. ISTENES: Correct. Well, tomorrow, yes, but if the board adopts this, we're suggesting, and it sounds like what you're endorsing as well, then they wouldn't afterwards, until further study. And I -- Jeff, correct me in'm wrong. I mean, under legal issues I think that's usually pretty reasonable. If a court sees that a county or municipality is undertaking further study to address an issue, that seems to go a long way with leniency towards -- MR. KLATZKOW: Yeah, I think we're okay. CHAIRMAN STRAIN: Brad, are you n COMMISSIONER SCHIFFER: Well, no, I think there's -- somewhere there's a consequence. But if I'm the only one that feels that way, it's not going to matter, is it? CHAIRMAN STRAIN: I think it's a holding pattern is all we're suggesting now until more research gets done. COMMISSIONER SCHIFFER: We don't want to let this out of the gate without control, because we'll end up like International Drive in Orlando with these huge, bright n MR. KLA TZKOW: You can see that from an -- from the industry standpoint they're going to want Page 34 161 lA2 June 2, 2009 fr~ to move towards electronic signs. From a county standpoint, it's an aesthetic issue. Do you want to look like, you know, Blade Runner, where everything's electronic and flashing and everything else. Or do you want to look more, I'll call it historical, where everything is just -- you know, looks like it was done by hand. That's an aesthetic issue that's ultimately an issue for the community to decide what they want to look at. I'm just saying just put a stay on the issue for now until the community tells us this is what we want to do and get board direction. COMMISSIONER MURRAY: Okay. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: One final thought. If we had -- if the Board of County Commissioners had approved PUDs or commercial enterprises such as banks and so forth that already had wit11in their plans to put in time and temperature, they're typically the ones that do that, would they be precluded now from doing that? MS. ISTENES: I don't believe they would be. COMMISSIONER MURRAY: I would consider it under grandfather, myself, but I don't know. MR. KLATZKOW: Well, the existing signage is obviously grandfathered. The question is if you have a vested right to put it up, would you be grandfathered? Probably. I don't know that we want to fight them on it at that point in time. COMMISSIONER MURRA Y: I just want to cover the bases so that we're open on it, we're not trying to do anything inappropriate. I see it as they would be entitled if it's already been in there, but I'm not the one that makes the decision. MS. ISTENES: You'd have to look at each case individually. But I would concur with Jeff, more than likely they would be vested. CHAIRMAN STRAIN: And the advice we've received from the County Attorney's Office and staff is to put this on hold until further research is available, with the exceptions that they've so noted in time and temperature and the open house signs are addressed in another area. Is everybody on this panel now accepting that consensus? COMMISSIONER MURRAY: Good with me. COMMISSIONER WOLFLEY: Yeah. CHAIRMAN STRAIN: Okay. MS. ISTENES: Okay, the next is Page 18. It's menu boards. The consultant's recommendation was to delete from the ordinance again referring to something as menu board use essentially are dictating what goes on the sign. The -- our recommendation is to keep them. COMMISSIONER MURRAY: In may? CHAIRMAN STRAIN: Go ahead, Mr. Murray. COMMISSIONER MURRA Y: There are menu boards that are outside of restaurants and then there are menu boards at Burger King or whatever. They're all treated the same, correct? MS. ISTENES: This is referring to the menu boards on a drive-through. COMMISSIONER MURRAY: Which is -- okay, which is I see it can get wild. If the others are not included, that's by absolute definition here, or is that by our understanding of it? MS. ISTENES: Our understanding is my first gut response. But Diana deals more with that. I think what you're referring to is if somebody posts a menu in their window outside their entry door for a restaurant, you know, before you come in you can decide whether you want to come in based on their menu? Page 35 16 r;( ~ ~ l\ t_~ June 2, 2009 COMMISSIONER MURRAY: Some of them are even outside. MS. ISTENES: Oh, on a board, yeah. COMMISSIONER MURRA Y: Yeah. And Ijust -- I wouldn't want to see those people, if they've already been authorized, to have a problem. I wondered, with the statement that is made here, these signs can be eliminated from code coverage by defining signs to include only those visible from streets and highways. And yet those can be visible from streets and highways. They may not be obtrusive, but they can be visible. I just want to add that to the mix of thought. I agree with you on the gaud, you know, that can be there. It can become ridiculous. MS. ISTENES: I don't know that you're regulating people that post a menu on their window. But there's -- the board signs, typically called a sandwich board, would be allowed in this case. COMMISSIONER MURRA Y: Okay. That's where I was going. Thank you. CHAIRMAN STRAIN: Are there any other questions on the menu boards? (No response.) CHAIRMAN STRAIN: Do we want to nl'lljust ask the question, is it the consensus of the board to keep staffs recommendation? COMMISSIONER MURRA Y: Yep. COMMISSIONER WOLFLEY : Yes. COMMISSIONER VIGLIOTTI: Yes. CHAIRMAN STRAIN: Anybody opposes? (No response.) CHAIRMAN STRAIN: Okay, Susan, we're going to keep -- MS. ISTENES: Okay, the next is on Page 19, it's temporary signs. And I'll expand upon your matrix here, because we've discussed it since this was published, and I'll just offer a suggestion. I think the bigger issue here or the bigger -- the issue we were largely concerned with was political signs and the potential plethora of political signs that could come about in the community if they're not regulated. The issue that the consultant had with political signs was largely one of free speech. In other words, calling a political sign a political sign is essentially dictating what can go on the sign, you know, either the candidate or the issue. And that was my understanding. What we'd like to do, and our suggestion is, and in conjunction with the discussions 'with Jeff Wright on this, obviously we can regulate the time, the place, the size and the number and the manner of the sign. But what we'd like to do is take the whole political sign section, put it in the special events or temporary use section. Keep all the standards, because like I said, we're not changing any of the standards. And then we're going to refer to the sign as one that refers to -- or one that refers to an election or a referendum and just sort of eliminate the words political sign and references to wording on political signs. And chime in if I'm missing anything, but that seemed to be adequate. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Yeah, there is a question beyond the referenda and the actual election and so forth. There can be like these tea parties and things that come about, people wanting to have an issue addressed outside of a normal cycle of political activity. Are we going to impede that? MS. ISTENES: Well, they could still use their rights as a resident to post their own little sign on an issue, like if they supported the tea party issue or whatever. But this is geared mostly to those scheduled elections and referenda and any decision made by -- essentially by a voter. CHAIRMAN STRAIN: Now this applies -- Page 36 161 1 A 2 June 2 2009 , COMMISSIONER MURRAY: So it's predicated on decision-making --I'm sorry. CHAIRMAN STRAIN: I thought you were finished, I'm sorry. So this applies to political signs not on residential properties. Because on residential properties, you're allowed to have any sign you want that's noncommercial. MS. ISTENES: Right. CHAIRMAN STRAIN: Okay. So what this would control is political signs at all the street corners, basically. MS. ISTENES: Right. CHAIRMAN STRAIN: Or areas like that. And ironically those are put up by people who generally are looking for some future favor from the political candidates. Because I'm not -- very few of them are refused. And if you go to some corners, they're very prolific. Why don't we just ban them altogether? MS. ISTENES: Political signs? COMMISSIONER MURRA Y: I don't think that would fly in -- CHAIRMAN STRAIN: I mean, it's -- going to a political season, to see all those signs it's just -- they're ridiculous. But I guess we can't get there, huh? COMMISSIONER MURRAY: Probably not. COMMISSIONER WOLFLEY: Since they're voted on by politicians. MR. KLATZKOW: I think that's going a little beyond-- MS. ISTENES: Essentially all we're trying to do is just eliminate our reference to content-based signage and keep all the standards the same and just relocate them into the temporary use provisions. Because they are essentially temporary signs anyway. They're special events temporary use type of -- COMMISSIONER MURRAY: Would -- ifJ may? CHAIRMAN STRAIN: Go ahead, Mr. Murray. COMMISSIONER MURRAY: Would the -- because they're temporary use and that would suggest that there's a temporary period of time that's allocated to it. Those don't comport -- actually, a grand opening or a coming soon wouldn't necessarily have the same time frame or perhaps no time frame than a political or shall we sayan election might have. So how -- if we lump them together, then we'd have to break them apart again to define them. MS. ISTENES: I will within the category. Because we've broken them -- we've broken various temporary events down within the overall umbrella of temporary events anyway. But the point is to try to avoid a content-based regulation. And so we're trying to keep what we have and not refer to them based on content. COMMISSIONER MURRAY: Okay, that change seems reasonable. CHAIRMAN STRAIN: Mr. Wolfley? COMMISSIONER WOLFLEY: To expand on that, and I forget, I remember reading it, but what is the length of time let's say after an election that the sign must come down? COMMISSIONER MURRAY: Three days. MS. ISTENES: Seven days? COMMISSIONER WOLFLEY: Was it seven? MS. ISTENES: Seven calendar days. COMMISSIONER WOLFLEY: Yeah, because certainly the -- and I don't want to say -- the loser usually leaves them up forever, or for months. And what do you do? Does the county have to come and pick them up and do they charge the candidate then? Page 37 ... /.':' 1. i~~ h .":...1 I . ;.t"" " June 2, 2009 MS. F ABACHER: (Shakes head negatively.) COMMISSIONER WOLFLEY: No? Okay. CHAIRMAN STRAIN: Okay, so -- oh, Brad? COMMISSIONER SCHIFFER: Yeah, just a question. Is there -- how do you control people allowing people to put temporary signs on your property and stuff? MS. COMP AGNONE: I'm sorry? COMMISSIONER SCHIFFER: I mean, in other words, can anybody put a sign on your property? Specifically campaign signs are the -- how is that controlled? Because you couldn't get the permit or -- MS. ISTENES: Well, are you concerned about residentially, your private property? COMMISSIONER SCHIFFER: Yes. MS. ISTENES: Currently the code says political campaign signs or posters within residentially zoned or used property shall not exceed four square feet in size. And then it gives a setback. Political signs within residential districts shall require written permission from the property owner. COMMISSIONER SCHIFFER: And what section are you reading from? Because this again is -- MS. ISTENES: This is the old code section, 5.06.04(C)(12)(a). COMMISSIONER SCHIFFER: And is the new code the same? MS. ISTENES: Well, that was why this is on the matrix, because we -- it was somewhat unresolved before we came here and published the matrix. And so everything would remain the same, we would just attempt to try to -- COMMISSIONER SCHIFFER: Well, the matrix doesn't reference the right section. What section should the matrix be referencing then? Is it 5.06.04(F)(9)? MS. COMP AGNONE: It's not in there at all. It's not in the working document at all, because we were going to move it to a separate section of the LDC. CHAIRMAN STRAIN: You need to get the speaker a little closer to you, Diane. COMMISSIONER SCHIFFER: I'm just looking at the temporary -- okay. MS. ISTENES: Yeah, the reference in there is for temporary signs. COMMISSIONER SCHIFFER: But it's actually for off-premises. But anyway -- CHAIRMAN STRAIN: So the intent is to not remove the section for political signs from the code but just to replace it -- resection it and put it under a section of the temporary signs; is that correct? MS. ISTENES : Yes, except as I'm telling you that, I'm reading that it's already under temporary signs. So I'm not sure what your intent was, Diana. What your -- you had suggested special events or temporary use? I'm not sure why -- MS. COMP AGNONE: It's actually in the sign code now. And then -- and we described some temporary signs where we have a section for temporary uses, and it described it. So we were just going to take these different events out of the sign code and put them back in the section and combine the section. MS. ISTENES: Okay. MS. COMP AGNONE: Where it should have been. MS. ISTENES: And so we're kind of focusing our discussion on political. But under our matrix, we're also identifying all the other sign type that comes under the temporary sign section, (C)(l2). 5.06.04(C)(12). And your thoughts are to take -- do the same with all of these signs and put under a special events type section, is that correct, outside of the sign code? MS. F ABACHER: (Nods head affirmatively.) MS. COMP AGNONE: The main -- MS. ISTENES: Catherine says yes. Page 38 /.: .. i tA '2009 CHAIRMAN STRAIN: Okay. But you guys are looking for a consensus from us today. MS. ISTENES: Yes. CHAIRMAN STRAIN: I don't -- I'm confused as to what it is you're all asking for now, so -- you have a resolution collectively? MS. ISTENES: Honestly, I think it's more just of an internal organization issue that if you don't -- it doesn't sound like you have an objection to. We're just trying to make sure we aren't calling signage -- referring to it as content-based type of signage. That's all we're trying to avoid. So if you're satisfied with us showing you the proposal, I assume we're going to come back on consent with this. I know we haven't discussed that yet, but -- CHAIRMAN STRAIN: God, I was hoping you wouldn't. But anyway-- MS. ISTENES: Well, we don't have to. CHAIRMAN STRAIN: -- too late. You opened a can of worms now. MS. ISTENES: Well, it's up for discussion. I did need to ask anyway. CHAIRMAN STRAIN: Before Dave goes on and starts up with Truly Nolan, I wanted -- my only concern on this was that you're not eliminating regulation for political signs. MS. ISTENES: Correct. CHAIRMAN STRAIN: Okay. That was a big issue. Because they should be more regulated and not less regulated. David? COMMISSIONER WOLFLEY: Did I hear you say that you were going to move the political signs to another section other than the sign code? I would have an issue with that. I think it's got to certainly stay in the sign area. If someone's looking for it. I mean, whether it's double mentioned or something. MS. ISTENES: We could cross-reference. Would that be acceptable? COMMISSIONER WOLFLEY: Something. I mean, it's a sign. And if someone has an issue with a political sign, where are they going to look? In the sign code. COMMISSIONER MURRAY: When you're finished. COMMISSIONER WOLFLEY: I'm done. CHAIRMAN STRAIN: Go ahead, Mr. Murray, then Mr. Schiffer. COMMISSIONER MURRAY: I'm probably just as frustrated, seemingly, as my contemporary is here. Temporary signs seem to belong in the sign code. So what was the basis for your not wanting to put them in the sign code? MS. ISTENES: Catherine will answer that. MS. F ABACHER: Because they're content based. I think Jeff Wright mentioned that earlier, you can't really regulate something by content base unless there's a real compelling reason. And obviously we don't have that compelling reason. We're using the same language, and we're putting it in the section where you get the permit. MS. ISTENES: And I think the objective was to avoid possible litigation against the sign code in and of itself -- MS. F ABACHER: Exactly. MS. ISTENES: -- by relocating it to a different section of the code. MS. FABACHER: Exactly. Because that was the law of the case. We were content-based. So our consultant advised us to move the content to other places where we could. And of course we would cross-reference. COMMISSIONER MURRAY: Well, you'd have to, actually, I would think. COMMISSIONER WOLFLEY: Because of the temporary nature. Page 39 ,< ~1 1~~ 2200~'~ COMMISSIONER MURRAY: But I guess --I don't know, I'm confused, to be honest with you. I understand where I think you're going. But you were saying content-based. But an awful lot of the signage we discussed here is in fact content-based. It's -- I guess -- all right, the term we're using it, content-based. MS. ISTENES: It's hard to do, isn't it? COMMISSIONER MURRAY: It's hard to get your brain around it. MS. ISTENES: Yeah. COMMISSIONER MURRAY: I think I understand it clearer now. And it cannot be -- you feel it cannot be in the sign code because it then is -- it could be argued that it was some form of limitation on free speech. MS. ISTENES: That is what we were told. I'll look to Jeffifhe has any comments different from that. MR. WRIGHT: I think what needs to be done is these various categories that we're going to spell out need to be presented to you. Let's say there's four of them, grand opening, political signs, coming soon and special events. We're not going to clump them all together. Because signs relating to an election are going to be treated differently from a time frame perspective than opening. But the trick is crafting language. For example, signs relating to an election is less content-based than political signs. So we would need to craft those categories in the language. And I would suggest, I think that we've gotten through most of this, but maybe the next time we bring this back we'll say all right, here is the temporary signs component of this effort. We have four categories and here's what we've come up with. We don't have that before you today, but I think that's what we need to have in order for you to actually make an informed decision. COMMISSIONER MURRAY: That makes sense. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: I just want to make sure that this last -- I'm focused on the right thing. The page that we're referring to is actually Page 17, number nine at the bottom. Is that what we're discussing? Not what's referenced. MS. F ABACHER: Uh-hum. COMMISSIONER SCHIFFER: Okay. So that's all we're dealing with here is just these temporary signs. Which can be for any reason they're limited in size. I mean, somebody could have a temporary sign just for the heck of it if they want, just to say happy birthday mom or something and get a -- come in, isn't that right? Again, I'm looking at it in the nonresidential. I'm sure it shows up somewhere in the -- MS. ISTENES: Again, we're not regulating the content. So if somebody honestly wanted to put up their business sign and say happy birthday mom on it instead of their business name, they could do that. COMMISSIONER SCHIFFER: Is there temporary signs in the residential? MS. ISTENES: Yes. Diana, you want to -- yes is the answer to that. But I'm not sure what the question is going to be. COMMISSIONER SCHIFFER: Well, where is the question. MS. ISTENES: Where is what? COMMISSIONER SCHIFFER: What is the section in there that -- MS. ISTENES: The whole section that deals with temporary signs is 5.06.04(C)(12) in the old code. MS. F ABACHER: That's in commercial. MS. COMP AGNONE: For the residential, it's on Page 9, number nine. Those signs that we gave them, the residentials, parcels six square feet and three foot in height to express their freedom of speech. COMMISSIONER SCHIFFER: Where do I get the impression that that's temporary, that I can't Page 40 161 ~nft g~009 ~I It.,,:( .~b if c,""", make a permanent one? MS. ISTENES: I'm not sure. I don't think it -- well, I know for a fact it doesn't require a temporary use permit. COMMISSIONER SCHIFFER: No. And it's not for a temporary sign, I mean. So what you're saying is I could go in, get that sign and take it down whenever I want, and thus I make it temporary. MS. ISTENES: Correct. COMMISSIONER SCHIFFER: You don't permit it as -- I mean, as far as you're concerned-- MS. ISTENES: We don't permit it as a temporary sign. I mean, we don't issue a permit as a temporary sign. COMMISSIONER SCHIFFER: For perpetuity, okay. CHAIRMAN STRAIN: I have a suggestion. Since this one is certainly not ready for the consensus of any kind, why don't we bring -- Susan, you alluded to the consent agenda, and I'm not sure we are in disagreement so far on anything -- on all the pages we went through and through all this matrix. So why don't we look at a consent agenda format and specify which items, and this being so far the only one I think that needs further clarification before we could sign off on it. MS. ISTENES: Okay. CHAIRMAN STRAIN: Is that -- Jeff, does that work? MR. WRIGHT: Uh-huh. CHAIRMAN STRAIN: So if that's okay with the panel, we'll just defer this temporary use for further clarification on a consent format. Go ahead, Catherine. MS. F ABACHER: I think unless we say when we will continue it to, Mr. Strain, that we'll have to run another ad, unless you pick a board meeting -- a commission meeting date. CHAIRMAN STRAIN: Well, let's pick it for two days from now, because we've got absolutely nothing to do on Thursday. COMMISSIONER VIGLIOTTI: Can we do it? CHAIRMAN STRAIN: Just so the board members know, all the rest of the projects have been continued on Thursday, or they need to be at our meeting. So we're going to show up, continue everything and go home. MS. ISTENES: I just would hesitate that we may not have it done by then. CHAIRMAN STRAIN: I'm just -- if you can't, that's fine. But I think that-- MS. ISTENES: Actually, I'm kind of confident we can, but I don't -- CHAIRMAN STRAIN: Before this meeting's-- MS. ISTENES: I say that and then we run into difficulty. CHAIRMAN STRAIN: Before this meeting's over we'll get some dates from Susan and Joe and we'll peg another general meeting. Obviously it won't be the next one we have, because everything that was going to be on Thursday is continued until then, so we certainly don't want to do it on that Thursday. MS. ISTENES: Do you want me just to put it on consent and then you can pull it if you have discussions? CHAIRMAN STRAIN: For this coming Thursday? MS. ISTENES: For the next meeting date you decide. CHAIRMAN STRAIN : Yeah, that would be safer. Because I don't know how many of the items are going to come back on the second Thursday in June. Because the first Thursday in June is -- apparently there's been a substantial advertising error that's affected every one of the previously agenda'd (sic) topics. So this week we will have to meet to reconvene. COMMISSIONER MURRAY: My question is if you didn't have a quorum on that Thursday, this Page 41 {;.'I ' 1 l!tn2 ; H i- ~ JlJ \.." . J] .. 2, 2009 Thursday coming, you couldn't even continue it. could you? CHAIRMAN STRAIN: Well, I think it's going to be -- it has to be continued. COMMISSIONER MURRAY: It would be moot. CHAIRMAN STRAIN: But it's moot, probably. But I think we need to show up and-- COMMISSIONER MURRAY: I would show up. But I'm just thinking about what a shame that is. COMMISSIONER SCHIFFER: Mark, one thing, could we on Thursday's meeting discuss the dates? That way -- I don't have my calendar with me. CHAIRMAN STRAIN: WelL we've got to discuss them before we close today, unfortunately, because today's the advertised date. We have to defer another date too, so -- but we could look at it on a regular Thursday, and then if we haven't got it together by then we can move it forward again, Brad. Let's move on to the barber poles. MS. ISTENES: Barber poles. Our recommendation is to pull this out of the sign code and put this in -- I believe it was the architectural provisions; is that correct, Catherine? MS. F ABACHER: Yes, ma'am. MS. ISTENES: In other words, we're not going to call it a sign. This was a board directed item that was -- CHAIRMAN STRAIN: I think that's a good idea. Does anybody else have a problem with it? Mr. COMMISSIONER WOLFLEY: You're talking about the revolving -- okay. And are you going to cross-reference it so if someone thinks it's a sign? MS. ISTENES: I don't think so. We're just not going to call it a sign. CHAIRMAN STRAIN: Okay. Everybody okay with that? COMMISSIONER MURRAY: Yep. COMMISSIONER WOLFLEY: That's fine. CHAIRMAN STRAIN: Okay, you got the consensus on that one. Then we're on to the back of the page, starting up on top with hand-held signs. MS. ISTENES: Okay. COMMISSIONER VIGLIOTTI: Dancing hot dogs, tacos and -- MS. ISTENES: This is something we did introduce. Only because I felt compelled to recognize it as a professional, knowing that they are out there, they're becoming very prolific and we've gotten a lot of comments and concerns about them. Did I come to you with a solution? Yes, but it's open for discussion. CHAIRMAN STRAIN: What's your solution? MS. ISTENES: Page 22. CHAIRMAN STRAIN: Oh, that's your solution. Okay. I thought you had something else. MS. ISTENES: No. Is that the correct reference, Diana. COMMISSIONER MURRAY: I think it's a misnomer to call it a hand-held sign if you're inside a hot dog costume, but hey, what do I know? MS. ISTENES: Yeah, it's actually Page 20. I apologize. Under number 14. It's highlighted in red, hand-held signs. So that's where we are. CHAIRMAN STRAIN: Well, that's a stab at it. I don't know ifthere's any suggestions here to do any better. COMMISSIONER SCHIFFER: Yeah, let me. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: I mean, Susan, isn't the danger is that the guy spinning the hot dog Page 42 161 lA2 June 2, 2009 is one thing, but also that's the same as a protester with a sign on a pole. Isn't that the same creature? Is that a hand-held sign? So if you start regulating one without discussing content, you regulate the other. MS. ISTENES: Go ahead, Catherine, why don't you add your comment to the record. MS. F ABACHER: I'm sorry. It was our plan not to permit noncommercial signs, like support our troops or, you know, don't bail out GM. You know, it's personal freedom of speech. Now, when you're advertising, I think we can issue you a temporary use permit fairly, because it's a commercial endeavor. But when it's these other -- according to our consultant, when it's these other issues it's totally freedom of speech and freedom of expression. We're not going to go out and bust somebody for save our troops. COMMISSIONER SCHIFFER: But in the definition of sign, are they excluded? Or how would somebody know I don't have to get a permit to carry a protest sign? MS. ISTENES: Diana? COMMISSIONER SCHIFFER: If you're making the guy get a permit to carry a hot dog sign. MS. COMPAGNONE: We would be specifying it's just for noncommercial speech -- I mean for commercial speech. I'm sorry. COMMISSIONER SCHIFFER: Okay. So this is in commercial, therefore -- MS. COMPAGNONE: Save our troops would be noncommercial. They're not -- they are supporting the troops, but they're not trying to advertise a business or anything. COMMISSIONER SCHIFFER: Now, remember, this is in noncommercial zones. So in other words you say it's a commercial sign, but essentially it's restricted by what kind of a district it's in, zoning district. It's not restricted by what it's doing, right? It's development standards for signs in nonresidential districts. So why would I -- you know, carrying a protest sign around a residential street's different than carrying it in a nonresidential district. So isn't that what you're -- wouldn't that be a hand-held sign? You see what I'm saying, is I think we really should be clear that the noncommercial sign in the definition of signs is the best place to stop people from going any further. COMMISSIONER MURRAY: Could I add to that? CHAIRMAN STRAIN: Go ahead, sure. COMMISSIONER MURRAY: It just occurs, Joe's Restaurant says save our troops or whatever-- COMMISSIONER WOLFLEY: Buy a hot dog. COMMISSIONER MURRAY: He's making a free speech item a commercial, okay, if you want to construe it as such. I wouldn't necessarily. But in fact I think the perfect example Joe Schmitt has used, and I agree with him completely, is Perkins with the flag. I mean, that's advertising. It's certainly the American flag and we should respect that, but it's advertising. So you've got kind of a quandary there, too, I think possibly. I don't know how significant this is as an issue. You folks do. Does it happen a lot? You said it's increasing, Susan. MS. ISTENES: Yeah. I mean, we're seeing both commercial and noncommercial messages. You'll see the advertisements for restaurants, for example, but you'll also see people holding out signs, apartments for rent, you know. And then the question is, is that commercial or noncommercial? Likely noncommercial. The law does, you know, provide different levels of protection for commercial versus noncommercial speech. So I think -- and I'm not speaking as a lawyer, but I think there's some protection there and we can distinguish between the two. COMMISSIONER MURRAY: This is a tough one because in our economic times a lot of people are driven to do things that are a little ofT the wall type of stuff for us. Maybe common in other areas. But they're just desperately trying to find a way to get some income. And of course our code has not -- you can't Page 43 .l n l~ 2 June 2, 2009 really relate to that period of time, it has to relate beyond that fact, right? MS. ISTENES: No, I -- yes and no. COMMISSIONER MURRAY: I'm glad you're clear on that. I was just as clear. MS. ISTENES: The point is, I mean, all of your land development codes are not static. They're always evolving, because the community is always evolving. And the priorities of the community are always changing as well. So yes, you always -- you have to look what's going on today and you definitely have to look what's going on tomorrow. So maybe 10 years from now people don't want to have hand-held signs, but for now they're out there and we thought we would just bring it up and see what you all thought about it and what your recommendation is. CHAIRMAN STRAIN: Well, I think the question that staffs trying to ask is we don't have a lot of regulation on hand-held signs right now. They're offering some minimal regulation as a starting point. Do we want to go with that for now, or do we want to leave it like it is and do nothing? What's the consensus? Did you have anymore input. Brad? COMMISSIONER SCHIFFER: Yeah. I mean, my concern was is regulating the protest sign. Your answer was it's not part of the code. But remember the code, because it's in a -- this is a noncommercial part of the code, but it's a noncommercial zoning district. In other words, it has to do with the zoning of the ground they're standing on, not the sign. So essentially they would have to get a pennit to have a hand-held sign in a commercial district, the way this is written. COMMISSIONER WOLFLEY: Well. COMMISSIONER SCHIFFER: And how would you -- you know, how would you justify otherwise? And I don't think we want to permit that type of sign. MS. COMP AGNONE: Maybe we can put something in there that noncommercial messages don't require a permit, or fix that a little bit. COMMISSIONER SCHIFFER: Then you're back to the content, which is -- you know, you've had that in there and that's why we're taking it out, because you let somebody do something noncommercially that they can do commercially. So anyway, I think the way this is \\TItten in the commercial district you would have to have -- and is it prohibited in residential? MS. ISTENES: It's not addressed. COMMISSIONER SCHIFFER: So the hot dog guy can go walking in and out of the streets in a residential neighborhood. CHAIRMAN STRAIN: Every Halloween they do, so-- MR. KLATZKOW: This is a very problematic issue. I mean, if somebody wants to -- to get back to the tea party issue, if somebody wants to hold up a sign on the corner of Airport and 41, you know, with supporting this or not supporting that. we're not going to regulate that. And I think this really is a problem with the times. I mean, people are in desperate straits right now, and I don't know that you really want to look at an issue when you're in unique circumstances such as we are right now. I don't know that these hand-held signs are going to be an issue two, three years from now. I mean, I'm hoping that these unsold condos are sold two, three years from now and we won't have people holding these signs, and the apartments are rented and, you know, the stores are filled with customers. And with the economic prosperity that will hopefully come back, the issue will be addressed. I don't know if you want to be punitive on this issue. MS. ISTENES: I mean, your recommendation could be just don't address it. Page 44 161 AJ2e 2,'21009 ;,~,'" m1 COMMISSIONER SCHIFFER: And then ifthe code's silent on it, what does that give us? That means there's no control at all for it. And one thing, you know, there's the protest guy on one side, but then there's the guy like you see in California who's on the corner spinning the sign. I mean, he's not regulated either then. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Yeah, just continuing on that, where I was going with my thinking when you responded to me, when you first made the statement that they are becoming more prolific, I saw that as a longer term trend than what we have as a current economic condition. Was I in error in interpreting your statement? MS. ISTENES: I think it's subjective. I think, you know -- well, no, not necessarily. COMMISSIONER MURRAY: Okay. Then I would certainly -- given our economic times, and if you have a minimal amount of control over it, and I agree with Jeff, we're not going to likely see this two years from now, Lord willing, that we don't have to make more of it than it needs to be. I would be okay with a minimal, you know. CHAIRMAN STRAIN: As recommended by staff so far, you mean? COMMISSIONER MURRAY: Yeah, I think so. I think that works for us. CHAIRMAN STRAIN: I don't see what it hurts. I agree with you, Mr. Murray. It's better than nothing. MR. KLATZKOW: Well, the question then becomes is do we really need to permit it? I mean, do you need to come into CDS to get a permit for a dancing hot dog for a day? Is that something we want to go CHAIRMAN STRAIN: I don't think we need a permit for it, but I think if we have a regulation that restricts the quantity of them in any particular time, that's useable. MR. KLATZKOW: Okay. CHAIRMAN STRAIN: How about the rest of you? COMMISSIONER MURRAY: Well, I'm -- see, because they say 72 square foot is too big for two hand-held signs. But I don't know how that's interpretable relative to a dancing hot dog. And this is very difficuIt to really try to see where it can be. I don't know that it needs to be per se regulated, but if it's not to be regulated, then why have it in the code? That's where my confusion is. CHAIRMAN STRAIN: Well, could staff -- you've witnessed the discussion here today. Could you come back on the consent -- this would be another item to add to it with a little bit firmer suggestion based on more input from the County Attorney's Office as to how to resolve this? Because if we're confused and we send it on to them up ahead of us, it's still going to get more discussion there, so it might be better to have a better language than what we're looking at. MS. ISTENES: Okay. CHAIRMAN STRAIN: Okay? COMMISSIONER SCHIFFER: I have one. CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: And Susan, this is on the silent issue. If you look at prohibited signs, number five says that any sign not in conformance with the requirements, and then states the sections in which we have requirements, and then the nonconforming. So essentially the thought that if it's silent on it it's not in conformance with the requirements, thus it's prohibited. MS. ISTENES: That's correct. COMMISSIONER SCHIFFER: So the hot dog guy is prohibited in a residential, because it is Page 45 1 " -1 A2 June 2, 2009 ~ silent. In other words, they can't meet the requirements. MS. ISTENES: If you're going to remove any reference to hand-held signs in the code, then if it's not in there it's prohibited, correct. CHAIRMAN STRAIN: Okay, so you'll bring that back to us? MS. ISTENES: Yes. CHAIRMAN STRAIN: Okay, the next one is the exemption from these regulations. MS. ISTENES: Okay, sorry, I was just taking notes. Catherine, are you on that page? MS. FABACHER: Yes, ma'am. It's on Page 20, Section 5.06.05, exemptions from these regulations. I believe Jeff Wright had pointed out earlier that the major problems with our sign code that we got struck down were that we had all these exemptions by content and all of these prohibitions by content. So that's why we tried to get rid of all of the names. And the exemptions are only signs that are authorized to be displayed by law, by governmental order, rule or regulation. Anything that a law requires you to, you know, post. If they require you to post a no trespassing, if it's a federal -- state statute or something. And the only other thing is reasonable repairs and maintenance, which we've defined. MS. ISTENES: What is our concern with that? Why is it in this matrix? I want to be sure the board understands. MS. F ABACHER: Matrix. MS. ISTENES: Diana, do you want to jump in? MS. COMPAGNONE: Some of the things listed in the current sign code under exempt we can't-- we're having a very hard time addressing because they're so content based. CHAIRMAN STRAIN: We're only talking about what you're proposing in the current code, right? And you're only proposing two things. MS. COMPAGNONE: Well, there were concerns that came up. Today we consider religious displays, like crosses at churches and whatnot exempt from the code and they're not considered signage. According to this code you can't say religious displays, because that's content based. So it's something that we have currently but can't necessarily fit it into this working draft in such a way without the content to -- COMMISSIONER MURRAY: Being discovered. MS. COMP AGNONE: Right. COMMISSIONER MURRAY: You're in a circle on that one for sure. MS. COMP AGNONE: That's why we brought it to your attention. COMMISSIONER MURRAY: Sure, thanks. CHAIRMAN STRAIN: So what is it you're trying to ask us? If you've written the new code that we have in front of us today with the exemptions that are there, you're simply explaining to us how they mayor may not apply, depending on what comes down in the future. You really can't regulate religious based items. COMMISSIONER MURRA Y: But if you don't state-- MS. COMP AGNONE: Like unintending consequences. COMMISSIONER MURRAY: But if you don't state something, as I interpret it, if you don't state something in a prescriptive code, it's not allowed. MS. ISTENES: Correct. COMMISSIONER MURRAY: So that would cause basically a real problem, I suspect. COMMISSIONER SCHIFFER: But why would you consider it a sign? In other words, if somebody puts a manger scene in front of the church, where does (sic) the concept that this might be a sign? Page 46 161 1 AJZe 2, 2009 Maybe that's a good example, Jeff, to get rid of the word representation and say \vith presentation. Because somebody would argue you're representing the birth. But why does it get drawn into the sign? Because ifit does get drawn into the sign and it's not mentioned there it is prohibited. So why would it wind up there to begin with? MS. COMPAGNONE: Well, you could still do it on the sign, but it would then count as part of their sign copy. I mean, it really is -- that's why in today's code it's considered exempt. Where if we -- COMMISSIONER SCHIFFER: Specific. MS. COMP AGNONE: Specifically, correct. COMMISSIONER SCHIFFER: And we're not allowed to be specific on an issue, because that's -- CHAIRMAN STRAIN: Well, why don't we exempt those issues provided by the United States Constitution? COMMISSIONER WOLFLEY: Thanks, Mark. Appreciate that. CHAIRMAN STRAIN: I mean, well, that just falls back on case law and that's what the attorneys thrive on. COMMISSIONER WOLFLEY: Give us another two -- CHAIRMAN STRAIN: How's that, Jeff? MS. F ABACHER: I won't have that in two days. MR. KLA TZKOW: I'm going to tell you, it's going to be different five years from now, that I can guarantee you. COMMISSIONER MURRA Y: Brad, in may, you could have a sign, a commercial property owner might put out a sign John 3: 16. Now, that's on a commercial property and it's in addition to their signage. No? Well, that's religious in nature to those who understand that. And then if a code enforcement officer were to come along or yourself and you say well, wait a minute, you already have all your sign allocation, now what do you do? I guess that's why you're here. MS. ISTENES: The difficult -- yes. And you've hit on the difficulty we're having. I put up there just a sampling of some of the ones that are exempt so you have an idea. And I think honestly they've sort of evolved over time, based on what people do. They put up memorial plaques, they put up historical tablets, they put up no trespassing signs, they put up no dumping signs. And so over the years this list has kind of been added to as those signs that are exempt from the requirements. Now calling them a no trespassing sign or calling them a no dumping sign is content-based and is discriminatory and we can't include them. So we're in a bit of a pickle ourselves. CHAIRMAN STRAIN: Susan, you may have already resolved it. Under exemptions you have A, signs authorized to be displayed by law or by governmental order, rule or regulation. That covers religious signs. They're authorized by our constitution. So what do we need to expand on that anymore for? MS. ISTENES: Are you suggesting that maybe staff could use that provision to look at a sign that might fall under that category and then make an administrative determination that -- CHAIRMAN STRAIN: Yes. MS. ISTENES: -- it would apply under that case? CHAIRMAN STRAIN: Yes. And if you had a law question, you'd turn to the County Attorney's Office and it all gets handled that way. MS. ISTENES: I'd be willing to do that. CHAIRMAN STRAIN: It says by law or governmental order, rule or regulation. And I think the Constitution, the Bill of Rights and all the other things we have in the country are covered by one of those. MS. ISTENES: I'd be willing to start doing that and we'll see how it goes. COMMISSIONER MURRAY: I would -- although well intended, I'm certain, I would -- my recollection of it is the government shall make no law concerning -- I'm using concerning, it's not the right Page 47 i..(. f;' JuJ2~~9 word -- the establishment of religion or therefore the maintenance of religion, so I think it's silent then, intentionally silent on the matters of religion. So -- MS. ISTENES: Jeff, are you comfortable with an administration decision under that provision? MR. KLATZKOW: Nobody cares about a reasonable crucifix. If somebody wants to put up a 1 OO-foot crucifix on their property, that might be an issue. CHAIRMAN STRAIN: That happened. MR. KLATZKOW: I know that happens. I know that happens. So in the everyday world this is not an issue. In the extraordinary situation, we're going to have to sit dO\\'TI and figure out what we're going to do. COMMISSIONER MURRAY: Well, I'm a practical person, I'd go along with you on that. Let's not worry about it then. CHAIRMAN STRAIN: I'd just as soon we leave the exemptions as staff has recommended them and let's see how it flies. Everybody okay with that? COMMISSIONER MURRAY: Yeah, fine. COMMISSIONER VIGLIOTTI: That's good. CHAIRMAN STRAIN: Let's go on to the second to the last one. It's prohibited -- well, exemptions and prohibited. I guess we're now under prohibited signs. Is there any -- COMMISSIONER VIGLIOTTI: Neon, beacon. MS. ISTENES: Page -- oh, boy, let's see. COMMISSIONER MURRAY: Principal there is spelled A-L. MS. ISTENES: Catherine, do you want to jump in on that and explain that? MS. F ABACHER: Okay. MS. ISTENES: I think you can better than me. MS. F ABACHER: Sure. MS. ISTENES: Or Diana. MS. FABACHER: We're not really prohibiting them by their content, we're prohibiting them by their sign type. A snipe sign is defined up front, and it doesn't have anything to do with the content, it simply has to do with something that we call that's illegally placed there. Also you can put permanent signs in the county right-of-ways, but not without a right-of-way permit. So we feel pretty safe on that one. Portable signs, that's a type, not content based. And then roof signs. And then the last one was anything that's not in conformance with the major sections of the sign code there. You see 5.06.00 to 5.06.05, that's the regular code. And then 5.06.09 is where we're adding the nonconforming provisions. Is that what you needed, or -- CHAIRMAN STRAIN: What's a human directional sign? COMMISSIONER MURRAY: Thank you. I was wondering. MS. COMP AGNONE: Your dancing hot dog. CHAIRMAN STRAIN: Only if he points, right? COMMISSIONER SCHIFFER: Yeah, when he points. MS. COMP AGNONE: Depends on what kind of dog he is. No. CHAIRMAN STRAIN: Go ahead, Mr. Schiffer? COMMISSIONER WOLFLEY: You'd have to defer to the attorneys on that one. COMMISSIONER SCHIFFER: You know, wouldn't this be smart to maybe pull some of this stuff into the architectural standards? I mean, if we don't allow neon, beacon lights. MS. ISTENES: We talked about that yesterday. That is a possibility, so -- Page 48 161 1. A 2ne 2~009 COMMISSIONER SCHIFFER: That would be the smartest thing is to take it out as a prohibitive element. It has nothing to do with signs, has nothing to do with speech. It has to do with pure aesthetics. MS. ISTENES: Okay. CHAIRMAN STRAIN: Could you look at that and come back to us-- MS. ISTENES: Yes. COMMISSIONER MURRA Y: I agree with that. CHAIRMAN STRAIN: -- on that one? MS. ISTENES: Yeah. MR. KLATZKOW: That's a good approach. MS. ISTENES: Okay. And the last one, actually we've resolved this. I'm not sure why this is in here. If you go to Page 25, the purpose of this was again to recommend -- on recommendation of our consultant to comply with the timely requirement to consider permits or variances to the sign code in a timely manner. And we believe we've done that by implementing the 60-day requirement to have a decision 60 days after you all recommend your recommendation -- or give your recommendation. CHAIRMAN STRAIN: But you're going to modify that now to be consistent with the Florida Building Code that Joe -- MS. ISTENES: That was on the issuance of a permit. Yes, this is for a variance. Sorry. CHAIRMAN STRAIN: Okay, if you resolved it. Anybody have any problem with the resolution? COMMISSIONER VIGLIOTTI: None. COMMISSIONER WOLFLEY: None. CHAIRMAN STRAIN: Then Susan, I think what this boils down to is there's three areas that are going to come back on a future date. One will be a discussion of temporary use permits, the other was hand-held, and the other is a look at the prohibition signs and moving those to the architectural criteria. MS. ISTENES: That's what my notes say as well. CHAIRMAN STRAIN: Is that in agreement with everybody on this panel? COMMISSIONER VIGLIOTTI: Yes. COMMISSIONER MURRAY: Fine for me. COMMISSIONER SCHIFFER: Yes. CHAIRMAN STRAIN: One other thing that hasn't been mentioned, or at least I'd like to know where in the sign ordinance it falls, is this allowance that I feel is dangerous and wrong is in the median sales that we have popping up sporadically in the county. Why do we allow median sales and public right-of-ways these people are -- first of all, they're dangering themselves. I think it's real difficult for the public and the traffic to move forward when you've got people banging on your windshield wanting to sell you something or asking you to donate. Why do we allow that and how is that fitting in the sign ordinance? MS. ISTENES: I think that's in the codes oflaws and ordinances. Are you talking about like the collection of money? CHAIRMAN STRAIN: That's one of them. I've seen different types. MS. ISTENES: Roadside sales in and of themselves, like if a vendor pulls off -- are not permitted in the county. But now I think that I'm listening to your question, I think that has to do -- and I think that's in the code of laws and ordinances. It's not addressed -- MR. KLATZKOW: It's not in the sign code. MS. ISTENES: -- in the sign code. MR. KLATZKOW: Susan's right. Page 49 ..' "'."~ " if '~" '" r\ t:\ ,,~ \Uutiei~ 2009 . ct , CHAIRMAN STRAIN: Okay. So when they go around carrying a sign for this donation, it's not a sign issue? MS. ISTENES: Right. I believe that -- my rec -- I'd have to look into it, but my recollection is that's all part of the n MR. KLATZKOW: We had a special-- I don't remember it, Commissioner, but we did a special ordinance. I know like the boot drive would fall under it that the firemen do for Memorial Day. CHAIRMAN STRAIN: Okay. Well, I thought I'd find out. And this isn't the forum for it. Now, before we move into any future dates, I'd like to ask, are there any comments from the audience before we start looking at a date to discuss the three issues remaining? (No response.) CHAIRMAN STRAIN: Okay. With that, Susan, I would suggest that we add it to a consent agenda format the second Thursday in June, pending how many issues we have that day. And the reason I'm saying that is because we've had this entire week postponed till possibly then, plus whatever would have been on that date regularly. So I'm not sure that we can fit that day in. How do we do that at this meeting, knowing that we've got to have a date certain to continue to? MS. ISTENES: Catherine has a-- MS. F ABACHER: Yeah. I suggest that we do. And if we need to continue it again, Mr. Chair, we have five weeks on the ad which ran on the 17th of May, so -- CHAIRMAN STRAIN: Okay. Well, does that work for everybody? Mr. Schiffer? COMMISSIONER MURRAY: What was the date again? COMMISSIONER SCHIFFER: One thing is that -- CHAIRMAN STRAIN: Second Thursday. COMMISSIONER VIGLIOTTI: Second meeting. MS. F ABACHER: 18th, June 18th. COMMISSIONER VIGLIOTTI: June 18th. CHAIRMAN STRAIN: I'm sorry. It would be June 18th would be our second meeting in June. Mr. Schiffer had the floor. COMMISSIONER SCHIFFER: I'm not sure the consent agenda is the appropriate thing. Because essentially the consent agenda doesn't give us room to change, debate things. It's just a matter to recollect whether our wording is what we meant in the actual hearing. So I would rather have another hearing. CHAIRMAN STRAIN: Let's just continue it --let's continue further discussion of this till the 18th. COMMISSIONER MURRAY: I agree with that. CHAIRMAN STRAIN: Okay? Then we'll add it to the -- now, do we have to have a time certain? Okay, time certain for 8:30 in the morning on June 18th. It will be the first thing up on the agenda. With the caveat that if the agenda is overly packed we'll have to announce a further continuance and a new date at that time. And Joe, I guess we'll have to see what happens with all the continuances. Now, back to that other issue of the continuances. I was informed this morning that the three items that we have on today's agenda had an advertising glitch. We apparently used a new company. Something got messed up in the way the notifications were sent out. And that to be safe, those three items need to be continued. So in essence this Thursday we do not have any hearings that will actually be heard. But we have to convene because it was advertised so that we can announce the continuances and then close the meeting. So we still need a quorum, everybody needs to show up, but it will be a very, very short meeting. Is there any -- Mr. Wolfley? COMMISSIONER WOLFLEY: I would just suggest to make sure that our commissioner from Immokalee is notified about that. Page 50 161 1 A2.2, 2~~9 COMMISSIONER SCHIFFER: Yeah. CHAIRMAN STRAIN: Yeah, Susan or Joe, that would be a good point. Can you call up Paul Midney and let him notice this circumstance so that -- I hate to see him drive in for just that one thing. MR. KLATZKOW: I hate to see you guys drive in just to drive away. That sounds kind of silly. I mean, at the end of the day if you didn't have a quorum, we'd have to continue it anyway. Mark, if you just show up just to make the public announcement -- CHAIRMAN STRAIN: I'd be glad to do that. MR. SCHMITT: I was going to ask the same thing, do we need a quorum? And 1-- MR. KLATZKOW: You know what? Let's-- MR. SCHMITT: It is a meeting. Even if we don't have a quorum, it would be continued. So it's just a matter of formally announcing -- CHAIRMAN STRAIN: Then I'll show up and-- MR. SCHMITT: -- going on the air, announcing a continuance and -- CHAIRMAN STRAIN: Okay. Well, it's on my agenda. I'll show up at 8:30 in the morning. And then actually what I'll do is I'll vote on all the subjects myself and say, we're done. MR. SCHMITT: Is there anything we can debate while you're the only one here? CHAIRMAN STRAIN: Mr. Murray, then Mr. Schiffer. COMMISSIONER MURRAY: Just for edification here, we're here now. It may be a special meeting, but we're aware of that fact. Could we not do that now? MR. KLATZKOW: You can agree right now to continue to a date certain, and then Mark can make that announcement Thursday. MR. SCHMITT: But I think we still have to meet Thursday because it was advertised in the paper correctly and there was a public notice. It was the notices that went to the surrounding residences that were not sent out in a timely manner. COMMISSIONER MURRAY: But we know we're going to continue it. MR. SCHMITT: Right. But I still have to have someone here. We still have to -- CHAIRMAN STRAIN: To do it officially. MR. SCHMITT: -- publicly officially continue the meeting on Thursday. CHAIRMAN STRAIN: It's not a problem. I go right by here every day anyway. MR. SCHMITT: So it's a matter of yes, you can do that. Those who are listening now certainly are now aware of it. But I think the legal issue -- MR. KLATZKOW: Why don't we just -- you can make a motion now to continue to a date certain, whenever date you think is appropriate. And then Mark, Thursday you can make the announcement. COMMISSIONER MURRA Y: That makes sense. MR. SCHMITT: Well, we're primarily dealing with the items that were advertised for Thursday, which is for the conditional uses. Margood -- CHAIRMAN STRAIN: We have three cases on Thursday. One will be the -- the two are involving the Margood Park on Goodlette and one is involving St. Monica's Church on Immokalee Road. I guess then we're looking for a motion that we will allow these items to be continued at the -- to the next time -- next date convenient for the advertising -- meeting the advertising needs for staff. COMMISSIONER MURRAY: So moved. COMMISSIONER WOLFLEY: Second. CHAIRMAN STRAIN: Made by Mr. Murray, seconded by Mr. Wolfley. All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. Page 51 ""'-~~"'""-'---"~""-"'-'"-'''--'''-'''__'_"","___'ill._l!l ~..l1lJ1J'l( .'" 161 \1) ~ JJfut:2, 2009 COMMISSIONER HOMlAK: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. And I'll announce that motion on Thursday's meeting when I get there. COMMISSIONER WOLFLEY: And then please get an e-mail out so that Paul sees it. CHAIRMAN STRAIN: Well, I think everybody on the Planning Commission, especially those that aren't here, need to be notified not to come in on Thursday. And we'll take care of it that way. COMMISSIONER SCHIFFER: Mark, my question was -- CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: -- how about the general public, is there any way we can notify them to prevent them from coming in? MR. KLATZKOW: We'll put it on the website. COMMISSIONER SCHIFFER: Yeah. CHAIRMAN STRAIN: I think the two issues we had weren't very controversial. In fact, just the opposite. Although there were a lot of questions on them from this panel, I would assume. But I know that they weren't -- they didn't seem to have that much of a neighborhood informational meeting. COMMISSIONER SCHIFFER: But Susan, if anybody \\<Tote a letter in or objected, I think make sure they're notified. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: You could also put it on the TV, the county TV. MR. KLATZKOW: What channel is it on these days? COMMISSIONER MURRAY: 97. MR. KLATZKOW: 97. COMMISSIONER WOLFLEY: If you can see it. COMMISSIONER MURRAY: They could put a crawler on there and that would provide information to folks that the Planning Commission meeting has been continued. COMMISSIONER VIGLIOTTI: That's 1.T.'s deal. You can't read the screen, never mind crawler. CHAIRMAN STRAIN: For today -- I think we finished our business for today? COMMISSIONER VIGLIOTTI: Motion to adjourn. CHAIRMAN STRAIN: Is there a motion to adjourn? COMMISSIONER VIGLIOTTI: Motion to adjourn. CHAIRMAN STRAIN: Mr. Vigliotti -- COMMISSIONER WOLFLEY: Second. CHAIRMAN STRAIN: -- made the motion. Seconded by Commissioner Wolf1ey. All in favor? COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Motion carries. We're out of here -- actually we're continued. Page 52 16 J 1 ~ua 2, 2~09 MS. FABACHER: We're continued to the 18th. COMMISSIONER MURRAY: But we're out of here. CHAIRMAN STRAIN: We're adjourned for today and continued to the 18th. ***** Page 53 161 1~2 J June 2, 2009 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :27 a.m. COLLIER COUNJ)Y .1 PL.iif\N1N~G. . corMI$I~~N . l,. vv... ~{ "XV '-, ~ . MARK STRAIN. Chairman These minutes approved by the board on corrected ~) '1. () ') as presented v or as Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. Page 54 161 !'1A3 ~ September 17, 2008 ~-.1~ TRANSCRIPT OF THE MEETING OF THE ~~~\.. 'l.'l. / CONTRACTOR LICEN.SING BOA~Qa DF/vK-. ~ ..)\VoY>~~ Naples, Flonda Hala~ ~T- .~~/~~/ ~~o September 17 2008 Hennlng___ '?) , Coyle ~ Coletta LET IT BE REMEMBERED, that the Contractor Lice lng 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: Les Dickson Richard Joslin Eric Guite' Lee Horn Terry Jerulle Thomas Lykos Michael Boyd Glenn Herriman ALSO PRESENT: Patrick Neale, Attorney for the CLB Robert Zachary, Assistant County Attorney Michael Ossorio, Zoning & Land Development Review :~~CJI 09- Item #:LIQ Tll)A 3 Page ] .: pies tt) 16/ lA3 September 17, 2008 CHAIRMAN DICKSON: I'd like to call to order the meeting of the Collier County Contractor Licensing Board for September 17th, 2008. Anyone who would like to make an appeal for a decision from this board needs to have a verbatim record of the proceedings, which is being taken. At this time, I'd like to have roll call, starting at my right. MR. JERULLE: Terry Jerulle. MR. HERRIMAN: Glenn Herriman. MR. L YKOS: Tom Lykos. CHAIRMAN DICKSON: Les Dickson. MR. JOSLIN: Richard Joslin. MR. HORN: Lee Horn. MR. GUITE': Eric Guite'. CHAIRMAN DICKSON: Any additions or deletions to the agenda? Andy? (Sic.) MR. JOSLIN: Ian. CHAIRMAN DICKSON: Ian. MR. JACKSON: For the record-- CHAIRMAN DICKSON: I've got to quit doing that. MR. JACKSON: -- Ian Jackson, License Compliance Officer for Collier County. Staff has an addition in new business, Randy Anderson, to reinstate a canceled Collier County certificate. And the other addition would be after the public hearings, Sergio Gonzalez from Department of Business and Professional Regulation. And that's all for staff. CHAIRMAN DICKSON: Is Sergio here? Not yet. MR. JACKSON: Not yet. MR. OSSORIO: I-Ie's right there. You're looking right at him. MR. JACKSON: There we go. Page 2 16 A I'l-;; I } ".i ~~J September 17, 2008 J!l CHAIRMAN DICKSON: I have an addition. In discussion, Chairmanship and Vice-Chairmanship of this board. Anyone else have any additions or deletions? (No response.) CHAIRMAN DICKSON: Entertain a motion to accept the agenda as amended. MR. JOSLIN: So moved, Joslin. MR. GUITE': Second, Guite'. CHAIRMAN DICKSON: All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. L YKOS: Aye. MR. JOSLIN: Aye. MR. HORN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. So done. Your minutes from last meeting, assuming you've had a chance to look at them. I need amotion to either amend those or approve them as written. (Mr. Boyd enters the boardroom.) MR. JOSLIN: I'll make a motion that we accept the minutes as written. I didn't find any real errors in it. MR. L YKOS: Second, Lykos. CHAIRMAN DICKSON: All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. L YKOS: Aye. MR. JOSLIN: Aye. MR. BOYD: Aye. MR. HORN: Aye. MR. GUITE': Aye. Page 3 ~.... ....'_.,. 16/1A3 September 17, 2008 CHAIRMAN DICKSON: Aye. Let the record reflect Mr. Boyd did come in. Good morning, sir. MR. BOYD: Morning. CHAIRMAN DICKSON: Right off, discussion. Jeffrey Linzer, ~ are you here? (No response.) CHAIRMAN DICKSON: Okay, then we'll move on. Chairmanship. The discussion I wanted to have, having been on this committee for 20 years and Chairmanship for five years, I don't think it is conducive to the committee or the continuity of the committee to just automatically have the Chairmanship sit until he dies or he's replaced. That happens on other boards, but I don't think it's good for a board. Whereas our county commission doesn't do that, I don't think this board should do it either. So therefore, last week I proposed that since I have just been appointed to a new three-year term that we discuss procedures for, which we don't have, procedures for Chairmanshi p and Vice-Chairmanship on this board. And I asked the committee members to think about it and come up with some ideas that we could enter into as a motion and make it a part of -- what would I call it? Could we make that a part for all future people, Mr. Neale? MR. NEALE: You could create a procedure to follow for replacement of the Chairman. Because the ordinance does provide for the election of the Chair and Vice-Chair on a periodic basis, so you could provide that as in your procedure that every year or whatever you can elect a new Chair. CHAIRMAN DICKSON: Okay. So what are your ideas? What did you come up with? Go ahead. MR. L YKOS: Well, my idea was that our current Chair, Mr. Dickson, serves through the end of the year, and at our December Page 4 1 6'/1 Jf!3 ~..,; September 17,2008 meeting we elect a new Chair and Vice-Chair, with the leadership succession, Vice-Chair becomes Chair. Then every December we would elect a new Vice-Chair. CHAIRMAN DICKSON: To take effect January 1st-- MR. L YKOS: At the first meeting of the year in January. And also, that once a Chair -- once a Chair's term ended, that that Chair could not -- had to take a year off before becoming Vice-Chair again. CHAIRMAN DICKSON: And Vice-Chair would automatically become Chair the succeeding year? MR. L YKOS: Correct. MR. JOSLIN: You would always have someone then actually that would be -- in a sense had the experience or the training or the knowledge to know how to carry on the procedures with that one year on the board, or however many years they've been on the board, which would put them in the Chair, which would make sense. The only question I have for Mr. Dickson is if he's willing to continue until January. CHAIRMAN DICKSON: After 20 years, that's not very long. MR. JOSLIN: Then the next question is if the board members want him to continue on the board until January. No, I'm only kidding. It would be a pleasure. CHAIRMAN DICKSON: How do you all feel about that? MR. GUITE': Makes sense to me. MR. HERRIMAN: Good idea. MR. HORN: I like it. CHAIRMAN DICKSON: I think everyone of you would be fantastic as a Chair. And if we do that rotation, then we really have -- I mean, everybody's just -- I mean, they're cutting edge, instead of -- I mean, some board members now are getting appointed for life. I don't want that happening here. But that has happened in other places. So can we put that in the form of a motion? Did you get that to Page 5 1 r 1'11~ ~ .Il Sepiemb~ B, -1008 /.i where we could? Do you all want to add anything to it? MR. JERULLE: You know, I'm -- being new to the board, I'm asking you with your experience, is one year long enough? CHAIRMAN DICKSON: Yeah, and especially if you go Vice-Chair first. Because then every one of us can serve as a board Chair. And it's not that much to it. You've got these two guys keeping you out of trouble and these two over here getting you in trouble. I'm just kidding. But -- and especially with the Vice-Chair, if you know that the very next year you're going to be Chairman, you're really kind of on your tiptoes to make sure you're ready to step in there. County Commission does this. And I see great continuity between year after year, you don't really need to know who the chairman is because they're all good at doing it. MR. JOSLIN: I think also it would work, Terry, because they -- I mean, there is a possibility that maybe there will be members on the board that may not want to be Chair. In that case then when the motions come up to elect or renominate another Chairman, that he can decl ine, knowing that he doesn't want that position. So it leaves a kind of an open door all the way around. CHAIRMAN DICKSON: We discussed issues like you might be Vice-Chair in the last year of your appointment, but that would just mean that we would try to get you appointed for another term so you can move into the Chairmanship. And of course there's going to be people that leave. We've gone through that in the last year. So periodically we'll be electing new Vice-Chairs, because they'll move up. Okay, are we good for a motion on that? You got it? You got all your high points? MR. L YI(OS: I make a motion that we adopt the leadership Page 6 16/1A3 September 17, 2008 policy that I spelled out earlier, so I don't have to say it again. MR. JOSLIN: And I'll second the motion. CHAIRMAN DICKSON: Are we okay with that, Mr. Neale? MR. NEALE: Uh-huh. CHAIRMAN DICKSON: Okay. I have a second. All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. L YKOS: Aye. MR. JOSLIN: Aye. MR. BOYD: Aye. MR. HORN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. Opposed? (No response.) CHAIRMAN DICKSON: Okay. So I do have three more months, which I will gladly serve. Moving on. Mr. Linzer hasn't come in. Ifhe does, we'll go back. New business. Gregory Brown, are you present? MS. EGAN: I'm here representing Mr. Brown. CHAIRMAN DICKSON: Okay. If you would, come up to the podium, please. I'll have you state your name and have you sworn in, first. MS. EGAN: My name is Amanda Egan, E-G-A-N. (Speakers were duly sworn.) CHAIRMAN DICKSON: First state, if you would, your relationship or why you're representing Mr. Brown. MS. EGAN: I'm the corporate -- I'm the person at the office who maintains the corporate records and also files for licensing and handles all the administrative end of the business. CHAIRMAN DICKSON: Mr. Neale, is that acceptable? I don't Page 7 16/ l'A3 September 17, 2008 have the license holder here. MR. NEALE: Yeah, I mean, we don't have the license holder here. She's not an attorney . We don't have any Power of Attorney for her stating that she can represent him. I mean, we've got her testimony under oath, but I would -- I have to say I wouldn't feel real comfortable about her being the representative in a manner such like this where you're deciding whether to fine someone or whatever. CHAIRMAN DICKSON: Why wasn't Mr. Brown here today? MS. EGAN: They elected me to be the one, because I'm the one who handles all the recordkeeping and I'm the one who took care of the fixing of the items that were not in compliance. CHAIRMAN DICKSON: If it was my license, I would be here. MR. JOSLIN: I see the problem where we have a citation here that we have to act on. And the problem was the contesting of the violation that was given. And unfortunately we should be looking at the license holder, not someone who's a representative. MS. EGAN: I did kind of try yesterday. I was looking on-line. I searched all the records I could search to find out what an authorized representative was, and I could not locate that anywhere. I did attempt to clarify that I could be the one speaking on his behalf. CHAIRMAN DICKSON: I move that we strike this from hearing it and we refuse to hear it. The fine is still due until at such time as the license holder decides he wants to come before this board. MR. HORN: Second, Horn. CHAIRMAN DICKSON: Any discussion? MR. JOSLIN: One other thing is if we go to the -- just in reviewing of this little packet sent in to us, there is quite a severe penalty for people that don't pay this tine within a period of time and don't -- if they requested a hearing and they're not here, this fine starts happening daily. Page 8 1.6/1A3 September 17, 2008 MS. EGAN: We're not -- it's not our intention to put off paying the fine. I didn't know that I could not be his representative. Because I'm the record holder -- I'm the corporate record holder. MR. JOSLIN: Well, unfortunately I look at it as that the actual license holder is not here. That's what we're looking at. CHAIRMAN DICKSON: I think you could have made a simple phone call to answer that question. MS. EGAN: I spoke to Mr. Ossorio yesterday. I didn't-- CHAIRMAN DICKSON: Did you approve it, Mr. Ossorio? MR. OSSORIO: Good morning, Mr. Chairman. For the record, Michael Ossorio, Contractor Licensing Supervisor. I assumed that he was going to be here. I thought maybe there would be all parties here. I did not know you would only be by yourself. So I'm assuming that Mr. Brown was going to be present to give testimony. MR. L YKOS: Why wouldn't they both come? MR. OSSORIO: I can't speak to that. CHAIRMAN DICKSON: I can't deal with someone who is not a license holder. This is a licensing board. The motion remains that the fine is due until such time as the owner -- the license holder wants to come before this board. There has been a second. More discussion? MR. JOSLIN: One other discussion I have. I f we go to that same page, I just realized something here that is red. Maybe it means something. I'm not sure, Mr. Neale, if you can kind of guide us on this. It says there clearly, if you or your designated representative show at an administrative hearing that the citation is invalid or the violation has been corrected prior to appearing, the board may dismiss the citation, unless the board finds the violation to be irreparable or irreversible. MS. EGAN: And that's what I read, and that's why I'm here today. Page 9 1611 A3 September 17, 2008 MR. NEALE: The problem is, we have nothing designating her other than her testimony as representative. MR. JOSLIN: Okay, say like a letter from the license holder or MR. NEALE: A letter from the license holder saying I hereby appoint her as my designated representative. MR. JOSLIN: Okay, just so we don't miss anything in the reading. CHAIRMAN DICKSON: That's a good point. Thank you. Mr. Guite'? MR. GUITE': That was my point. MR. OSSORIO: Mr. Dickson, just for the record, the county would somewhat object to this, because unfortunately that Mr. Brown was present on the job site, so we would want to question him. So there would have to be some testimonial from Mr. Brown, due to the fact that he is requesting a hearing, so we would like to question him. MR. NEALE: And Mr. Ossorio makes a point. Because even though it says that if they do have a designated representative, that designated representative still has to show that the citation was invalid. So they have to put up evidence that the citation is invalid in order for you to find the citation invalid and void it. So Mr. Ossorio makes a good point, how would that be proven unless we had the person that was on the job. So I think the board is acting properly in this matter. MR. HERRIMAN: Do I read that this is a work compo violation? MR. JACKSON: That's correct. MR. HERRIMAN: I'm concerned if we put it off that he's walking around without any workers' compensation insurance. MS. EGAN: The problem's been corrected. CHAIRMAN DICKSON: Yeah, the fine is still due. And hi, Mr. Garcia? Page ] 0 16 II l.A 3 September 17, 2008 MR. GONZALEZ: Gonzalez. CHAIRMAN DICKSON: The state is -- Gonzalez, I'm sorry. The state is sitting here. So I'm assuming it has been corrected. I have a motion, I have a second. Any more discussion? (No response.) CHAIRMAN DICKSON: Call for the vote. All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. L YKOS: Aye. MR. JOSLIN: Aye. MR. BOYD: Aye. MR. HORN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. Opposed? (No response.) CHAIRMAN DICKSON: Tell him to pay the fine; come see us later if he wants. The fine is due. Thank you, you're free to go. MS. EGAN: Thank you. MR. OSSORIO: Mr. Chairman, I think there's -- Jeffrey K. Linzer is here. CHAIRMAN DICKSON: Okay. Mr. Linzer, come on up. You had some discussion you wanted to address the board about contracting? You represent Home Depot? MR. LINZER: Yes, sir. My name's Jeff Linzer with Home Depot. I'm the plumbing qualifier. CHAIRMAN DICKSON: And who is with you? MR. CASCARDO: My name is Juan Cascardo. I'm also with the Home Depot. I'm also a qualifier for the Home Depot. Besides that, we also have Jeff Linzer -- I mean Jeff Masterson. He's a qualifier for electrical. And Ms. Raquel Swanner, which is the qualifier for the Page 11 14" lA3 , f\ J Sep . et 17,2008 general contracting side of the Home Depot. I qualify the HV AC. MR. LINZER: And I'm the plumbing qualifier for the State of Florida for the Home Depot. CHAIRMAN DICKSON: Okay, and your purpose coming before the board? MR. CASCARDO: We're just basically here to introduce ourselves, just to let the board know that there are people in the Home Depot that care about compliance issues, about licensing issues. We're here on a good -- as far as good faith basis just to let you know about our job, that we are proactive as far as hiring licensing (sic) contractors, subcontractors. That we also believe highly in pulling permits. And that basically we have a compliance division, that basically they -- their job is to make sure that our contractors -- our subcontractors are pulling permits. So that's basically why we're here. We just want to introduce ourselves. We also want to let the board know that, you know, we have people throughout the state that are looking -- enforcing the rules and regulations of the Home Depot. CHAIRMAN DICKSON: So you are requesting copies of licenses from your subs and verification of workers' compo insurance? MR. CASCARDO: We have a complete department that we regulate, make sure that each one of our subs has active licenses, workers' compo insurance, liability insurance, and they have to maintain this active. We use it through a website that we have and a separate company called Choice Point, just to make sure. And by the way, that company also does background checks to make sure that these service providers don't have any kind of felony or criminal records in going into the customers' homes. CHAIRMAN DICKSON: I'd say you finally got -- or that you got it right. That's wonderful. Page 12 16/ 14A3 September 17, 2008 MR. CASCARDO: We're still trying. I mean, it's still a work in progress. But part of our job is not only to enforce that but also to present ourselves in front of the board. If you have any issues or complaints, we're the people that you want to talk to. We all have business cards. We'd like to drop them off. If you have any kind of issues or complaints in the near future with the Home Depot, we're here to help. We're here to make sure that we do it right, so that's why we're here in front of this board today. CHAIRMAN DICKSON: Well, the guys that might want your cards, they're the ones if there's a complaint. MR. CASCARDO: Okay. CHAIRMAN DICKSON: Us up here are your competitors. MR. LINZER: We understand that. That's why we wanted to know if there were any questions right now that we can answer, you know, if anybody had any individual questions that we could answer at the moment also. MR. JOSLIN: I have just one: Is that the Home Depot sells a sundry of products, some of which need permits, some of which don't. Do you have qualifiers that are going to be painting contractors or people that are going to permit whatever has to be done for every phase of anything that you sell to a customer you're going to subcontract to? That's what you're going to do? MR. LINZER: Absolutely. MR. CASCARDO: That's why our compliance seems in place. We want to make sure that we are pulling permits for anything and everything that is required. MR. JOSLIN: And you are aware that the Collier County in some instances requires permits and the City of Naples also requires some other permits that you maybe don't have to get through Collier County. MR. LINZER: Correct. Yeah, we're familiar with all the jurisdictions -- Page 13 16111A3 September 17, 2008 MR. JOSLIN: All the jurisdictions -- MR. LINZER: -- that work in the state, yes. MR. GUITE': I'm one of the service providers, so I know what these guys are saying. And they do, they make me do a lot of paperwork just to -- it's almost redundant, but it is good. MR. CASCARDO: What is the service provider? Who are you with? MR. GUITE': I do the ceramic tile. MR. CASCARDO: Ceramic tile, okay. MR. GUITE': Yeah, out of the Expo. I work from the Expo. MR. CASCARDO: All right. Well, he could testify to our -- basically our stringent requirements that we have for the service providers. And they're getting more stringent, by the way. MR. L YKOS: Michael, I have a question, and it might apply to -- I don't know if it has to do with OBPR or local ordinance. Best of my recollection, the qualifier is responsible for supervision of the projects. Is Home Depot -- are there systems in place so that your qualifiers are supervising the work that you hire out? MR. CASCARDO: Well, basically what we have, besides ourselves, which we do go out on job sites, we also have what's called DSM's, which are District Services Managers. And these people are trained to go out and also supervise. So we do go out. We have -- as far as DSM's in the State of Florida, we have I believe somewhere in the neighborhood of maybe about 50 to ] 00 of these DSM's. I don't quite know the exact figure but -- and they're based in different districts throughout the state. And they help us in this task of supervising. And if it needs to be escalated, obviously we can jump on a plane and go anywhere we have to go within the state. So we're going to leave these cards for you. Should I leave them with this gentleman over there? Page 14 161~1~:' 1 A ~ September 1 t ~( CHAIRMAN DICKSON: I'm glad -- personally, I'm glad you came by. Because I don't know if you know our history, but we've had some problems. Not with -- I'm not mentioning Home Depot, but some of your competitors -- MR. LINZER: Absolutely. CHAIRMAN DICKSON: -- that were contracting jobs and putting it on revolving charges. So I'm glad you guys finally got it right. There is a marketplace for you. And you're really not taking my customers. What you're taking is the people that would go to the unlicensed contractor. MR. LINZER: I'd also like to let you know, we're also members of BOAF, which is the Building Officials Association of Florida, and CLOAF, which is the Contractors Licensing Officials. And we attend all the meetings. We're, you know, very involved with all the different organizations and associations. We go to -- constantly at meetings and updating ourselves on all the new standards, anything that comes in. CHAIRMAN DICKSON: Is this a statewide effort, not just store by store? MR. LINZER: Statewide. MR. CASCARDO: Nationally, actually. MR. LINZER: Nationally. CHAIRMAN DICKSON: All stores are involved? MR. LINZER: Correct. Expo included. CHAIRMAN DICKSON: And are you doing everything for all the products you sell? MR. LINZER: Anything that needs permitting, yes, sir. Licensing, yeah. We're a compliance team. MR. L YKOS: On a different subject, I'd like to see you have a representative at the Collier Building Industry Association. If you would consider joining that, I think it would be great for you and great for our local industry as well. So if I get one of your cards, I'll make sure you get an Page I 5 16 II l~fA 3 September 17, 2008 application. MR. CASCARDO: Okay. Yeah, through e-mail. Our cards have e-mail addresses, probably the best way to reach us. MR. MASTERSON: And cell phone numbers. So call us or e-mail us anytime. MR. L YKOS: Thank you. MR. OSSORIO: Mr. Chairman, just a little footnote: Home Depot has done a great job in the last six months. There's been a time that Home Depot was not a good steward. Couple years ago we had many complaints. So they've really dropped off. And we've been communicating with the Atlanta office, I believe that's where your home base is at? MR. LINZER: Yes. MR. OSSORIO: And we have got good results from Atlanta. And I think it's finally about time that Home Depot stood up, and maybe it's about time that Lowe's comes in and talks to you as well, see what they're doing. It's somewhat difficult to find a qualifier of a huge corporation of that size. And it's good that we have these business cards and now we know who to call without making four or five phone calls. So it's good news. MR. LINZER: We've been going around to almost -- we've been setting up meetings with most of the counties. We're now pretty much done with this area and the central area. Now we're going up to the Panhandle. We want to hit every county to let them know what we've got in place right now. MR. JOSLIN: I just have one last question. CHAIRMAN DICKSON: Get on the mic., please. MR. JOSLIN: Are the contractors or the license holders for all the different phases that you're doing that require permits, are these actually employees of Home Depot? MR. LINZER: Yes. Page 16 sePte:~r '17, 2t~ 3 MR. JOSLIN: They are. Under payroll, and you're paid by Home Depot? MR. CASCARDO: Yeah, we're all work (sic) for the Home Depot. It's not like we are renting out our license. We have actually turned the license over and we are part of the Home Depot team. So we're not subcontracted by the Home Depot. CHAIRMAN DICKSON: I wish you well, gentlemen, thank you. MR. LINZER: Thank you. Have a good day. MR. CASCARDO: Appreciate it. CHAIRMAN DICKSON: As we start moving through the Chairmanship, it's important to keep them on that microphone. You wouldn't believe the TV audience that's watching. And the TV can't hear if they're not on the microphone. Next one up, Berne Michael Kahle. (No response.) CHAIRMAN DICKSON: Not here? MR. OSSORIO: Mr. Chair, Mr. Kahle was on the last agenda. He called at the last minute and said he couldn't make it. He wanted to be put on this next agenda, which is today. Obviously he is not present. Due to the fact that he's requested a hearing, I think we should at least hear testimony to the fact of what occurred out there and have a finding. CHAIRMAN DICKSON: He doesn't have a license. MR. OSSORIO: No license, no. CHAIRMAN DICKSON: No license. What's the discussion? MR. OSSORIO: Well, in the past we have gone -- in the past we've -- somebody has requested a hearing and not shown up and we've actually -- the board has heard testinlony of what really happened out there, due to the fact that he requested a hearing. I just don't want to see Mr. Kahle come back in my office next Page 1 7 1611.\~3 September 17, 2008 month and say, oh, I'm sorry, I missed it, I want to go again. This is not like a revolving door. You have 10 days to contest it. He had some circumstances last month that he could not attend. We granted him permission to go speak at this board this month. So I just want to make sure that this is the end of the road here. MR. JOSLIN: Has he paid the fine? MR. OSSORIO: No. MR. NEALE: And the board in the past has taken this type of action where someone has contested a citation, been given proper notice, hasn't shown up. The board has in the past determined that the citation was valid and kept it in place. Because really, the action of the board and citation is really to determine whether they are valid or invalid. That really is this whole action the board takes. If the citation's valid, then the board upholds the citation and it gets put in place. If they do not pay the fine in a certain period of time, then the county does have the option of fil ing a lien on their real and personal property with the courts, so -- with the clerk of court, so -- CHAIRMAN DICKSON: Mr. Kahle, (sic) if you would, state your name and I'll have you sworn in real quick. MR. GANGULI: I'm not the respondent, sir. CHAIRMAN DICKSON: No, I know you're not, but I need that -- I'm going to get testimony from you. (Speaker was duly sworn.) MR. GANGULI: Rob Ganguli. CHAIRMAN DICKSON: I'm sorry, I was looking at the wrong one. MR. GANGULI: G-A-N-G-U-L-I. Good morning. CHAIRMAN DICKSON: Where did you find him? MR. GANGULI: The address, sir? CHAIRMAN DICKSON: 15th Avenue Southwest? MR. GANGULI: Yes, sir. CHAIRMAN DICKSON: What was he doing? Page 1 8 161 1~A3 September 17,2008 MR. GANGULI: Well, I have a little narrative if I can-- CHAIRMAN DICKSON: Sure, go ahead. MR. GANGULI: The circumstances regarding the issuance of Citation 4104 as follows. On July 8th, 2008 I made a field observation at the address 4441 15th Avenue Southwest in Golden Gate Estates of posted Building Permit No. 2008010178, issued for a detached framed two-story playroom and garage. Issued to owner/builder Kenneth Keller, with no contractor information listed. Upon inspection of the job site, I observed Mr. Berne Michael Kahle performing PVC plumbing work. And when I asked him, he also stated he was working on the framed carpentry of the structure. When I inquired about his licensing information, he was unable to provide any and stated he was working for the homeowner, Mr. Keller. Upon further investigation I discovered that Mr. Keller was not present anywhere on the job site. And the three circumstances: Based on the scope of the work I observed being done, the absence of the owner-builder on the job site and the criteria specified in the disclosure statement of State Statute 489, Section 103 regarding owner/builder permits, I issued a $300 citation to Mr. Kahle for acting in the capacity of a contractor without being duly registered or certified. MR. JOSLIN: Just a quick question for your -- just for the record. You mentioned he did pve plumbing. What type of plumbing was he doing? Where you able to -- MR. GANGULI: Well, he was filthy dirty and it was underground. MR. JOSLIN: Underground. MR. GANGULI: As far as the specifics of it, I'm sorry, Mr. Joslin, I can't tell you. CHAIRMAN DICI(SON: Good, he's getting into the potable Page 1 9 16 I .1 A 3 September 17, 2008 system. MR. JOSLIN: Obviously. Could it have been a water system, I mean in your opinion? MR. GANGULI: I wish there was some validity to my opinion. My best guess would be that it was some type of irrigation, perhaps. MR. JOSLIN: Irrigation. MR. L YKOS: Well, I don't like an unlicensed contractor building a two-story structure unsupervised and unlicensed. So I make a motion that the citation stands. MR. JOSLIN: I'll second the motion. CHAIRMAN DICKSON: Discussion? MR. BOYD: I have a question. CHAIRMAN DICKSON: Yes, sir. MR. BOYD: Was the job site red tagged? Because this is an owner/builder permit. Shouldn't the owner/builder hold some responsibility also? MR. GANGULI: Well, it's my understanding that the owner of the property, when there's an owner/builder permit, may not have any responsibilities other than what's stated in the disclosure statement of him being -- or providing on-site supervision on the job site. As far as recourse taken on the owner/builder, Mr. Ossorio? MR. OSSORIO: Mr. Chairman, I might want to add some testimony. Can I get sworn in, please. (Speaker was duly sworn.) MR. OSSORIO: Morning. For the record, Mike Ossorio, Contractor Licensing Supervisor. Under the Collier County Ordinance 2006-21, it clearly states if you're unlicensed, there is a red tag that we issue. There was a red tag issued on the property, and we issue many red tags on any unlicensed activity job sites. Typically what happens, the homeowner comes in, owner/builder permit. This is no exception, the owner did stop by my Page 20 16 I 1 ~A 3 September 17, 2008 office and elected to go ahead and not have this particular person, Mr. Kahle, back on the property. So when Mr. Kahle was not on the property anymore and the homeowner is under advisement, what he needs to do as an owner/builder, the red tag has been removed. So that is what typically happens on any kind of job site, no matter if it's owner/builder permit or a permitted site by a contractor. MR. QUITE': Was he contracting with the homeowner to do this work, or was the homeowner paying his wages and taking out taxes? MR. OSSORIO: As far as my recollection, the investigator was on the job site, asked who he was working for, he said he was working for the homeowner. We're assuming that's what that means. MR. GANGULI: The specifics of taking out taxes, Mr. Guite', I didn't ask. He did state that he was working for the homeowner. MR. GUITE': I was just reading the disclosure statement here in your packet. The packet is saying that any person working on your building who is not licensed must work under the direct supervision and must be employed by you, which means that you must deduct FICA and withholding tax and provide Workmen's Compo for that employee. It almost seems to me that the person who is at fault here is the homeowner. MR. GANGULI: Well, I'm thinking that ifhe could substantiate having withheld all those things from the gentleman's paycheck, it would be a fairly easy thing to resolve, since he requested the hearing. MR. GUITE': Because it's my understanding that contracting without a license is you have to engage in a contract with the homeowner to do whatever, to do plumbing or do tile or paint or whatever. lfhe's just some guy passing through and this guy's paying him 10 bucks an hour to do some work, I mean, it's -- MR. OSSORIO: You're absolutely right, Mr. Guite'. We have Page 2 I 16 /I 1 A 3 September 17, 2008 come across owner/builders who elect to go out and get help and pay them an hourly wage and also take out insurance. Doesn't happen that often due to the fact that a lot of insurance carriers and day labor really don't deal directly with owner/builders and owners. MR. GUITE': Right. MR. OSSORIO: I haven't seen that in my tenure here so -- but it can theoretically happen. On this particular case, I don't want to misspeak out of turn, but this owner was paying him something. There was no taxes taken out. So this is why the citation was brought to you. So with that said. MR. JOSLIN: One question I have, which goes back to the permitting factor, I think you're right, I think the owner has some responsibility, that's for sure. I think it's a double barrel shotgun here. But through the permitting process with Collier County, do they still require when a general contractor or an owner/builder contractor are going to have work performed that needs permitting, do they still require that there's a list of subcontractors that are given when they apply for the permit, or do they just -- did they take that away? MR. OSSORIO: No. When an owner/builder applies for a building permit, there is no Page 2, as per se. The owner could elect to do so if they wish to do so. In other words, it's not uncommon that an owner/builder lists his electrical and plumbing, mechanical contractor on the building permit itself. But it's not a requirement. The owner does sign a disclosure statement knowing that yeah, basically I'm an owner, I'm responsible, I must do all the work or hire a proper licensed contractor to do the work on my premise. And they also understand that they can't have a -- they can't sell it or lease it from 12 months ofC.O. The state does have a statute to civil infraction that if an owner/builder or an owner knowingly hires an unlicensed contractor, you know, there could be some civil penalties up to $5,000. But unfortunately I have never seen that done and it's pretty hard to justify Page 22 161 lA3 September 17, 2008 that he knowingly did so. So that's something that the state does do. They do work on. And maybe Sergio, Mr. Gonzalez, can talk to you a little bit about if he's seen that in his tenure as being with the State of Florida as well. MR. JOSLIN: I remember years ago that, you know, in order to get a permit from a GC, that they had to list that Page 2. And I don't think that -- a general contractor is maybe less apt to be prone to not do it. But as the owner/builder, I would think that the county or the City of Naples or any of these jurisdictions would want to have that Page 2 just to keep an owner/builder more or less under wraps. MR. OSSORIO: Well, we can. Because if you're asking an owner to provide a Page 2, and it's really false that the owner could theoretically do the work himself. The State is pretty clear, they really don't want to encumber -- they are -- owner/builders are exempt from the statute. You know, they can do all facets of their own home. And I know that Monroe County down south of us, you know, they've tried to restrict owner/builders, make sure they take some exams, make sure they take a class or two, and that's all been thrown out. Owner/builders are exempt. I would like to see an owner provide us with Page 2, electrical, plumbing, mechanical. Most of them do hire licensed companies, due to the fact that the owners really can't do the work themselves. But it's not a requirement. And if you put that restriction on them, somebody could challenge it. CHAIRMAN DICKSON: Okay, let's wrap this up. MR. NEALE: You've got a motion and a second. CHAIRMAN DICKSON: We've had a motion and a second. I mean, he's not even here. I've got lots of other stuff to do. Call for the vote. All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. Page 23 16 11ft? September \ 7:'~008 MR. L YKOS: Aye. MR. JOSLIN: Aye. MR. BOYD: Aye. MR. HORN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. Opposed? (No response.) CHAIRMAN DICKSON: We're done. Tell him not to come back here unless he can produce a license. We don't really have any need to see him. Michael Zeanchock. Michael, if you'd come up to the front podium right here, sir. If I could have you state your name and spell it. MR. ZEANCHOCK: Michael Zeanchock, Z-E-A-N-C-H-O-C-K. CHAIRMAN DICKSON: And I'll have you sworn in, sir. (Speaker was duly sworn.) CHAIRMAN DICKSON: And you're here to qualify a second entity? MR. ZEANCHOCK: Yes. CHAIRMAN DICKSON: Okay. Tell us what you're doing and why. MR. ZEANCHOCK: First, to qualify a residential concrete construction company named Matrix Concrete. That company I'm partners with another person. We strictly do just residential. M&M Concrete, which I'm here to quality to you today, is a commercial concrete company which I own. Our main office is in Pennsylvania. We wish to do some work in this area, commercial-wise. Matrix doesn't do any commercial work. M&M is geared up to do that type of work. So I'm here today to try to get them qualified to Page 24 161 1~3 September 17, 2008 get into the commercial concrete construction. CHAIRMAN DICKSON: Wow. MR. OSSORIO: Mr. Chairman, I just want to -- this is a unique situation. I want to explain it to you, because it took me a few minutes to figure this out as well. Matrix is a licensed company in Collier County. They've taken the test, they've taken the business procedure and they've taken their concrete form and placing test as well. They took their test scores to Lee County. And Lee County -- he went in front of the Lee County Licensing Board and they -- instead of qualifying Matrix, he qualified M&M. And now he wants to do work in Collier County under M&M Concrete. But unfortunately that -- he'll have to qualify two . companIes. And we have never actually seen this before. But it does have -- usually when you qualify one company in Collier, you go to Lee County with the same test scores and the same business type, same business name. But this time he elected to change. So he is going to -- he already has a QB licence or a qualified business up in Lee County called M&M, but he can't do work in Collier because he qualifies Matrix in Collier already, so you have to qualify two companies. MR. JOSLIN: Is this a state-certified license? MR. OSSORIO: No, it's a county license holder. MR. ZEANCHOCK: We hold licenses in Charlotte, Lee, we -- Lee I qualify both entities. Pinellas. And I thought -- well, just to qualify a second company, she'd asked to till out the application and go before the board. CHAIRMAN DICKSON: Any complaints against either company? MR. OSSORIO: No. CHAIRMAN DICKSON: And what kind of license do you Page 25 161 1'A3 September 17, 20158 hold? MR. ZEANCHOCK: Concrete placing and finishing. CHAIRMAN DICKSON: Okay. And that does qualify him for commercial, correct? MR. OSSORIO: It does. CHAIRMAN DICKSON: Anything on the credit report, anybody? MR. GUITE': I didn't see anything. MR. L YKOS: Do we have a recommendation from you, Michael? MR. OSSORIO: I recommend we approve it. I have no problems. But it's one of those things that took me for surprise, unfortunately, that Matrix can't work in Lee County because they're not qualified in Lee County, but M&M can. So it's almost like the reverse. So if he wants to have Matrix, who can do work in Lee County, to do work in -- am I saying that correctly? CHAIRMAN DICKSON: His packet's clean as a whistle. I move to approve the second entity. MR. OSSORIO: It's weird. Lee County has to do some work. He's going to have to go back to Lee County and go in front of their board to qualify a second company if he wants to. That's all. CHAIRMAN DICKSON: I've got a motion-- MR. JOSLIN: I'll second. CHAIRMAN DICKSON: -- and a second. All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. L YKOS: Aye. MR. JOSLIN: Aye. MR. BOYD: Aye. MR. HORN: Aye. Page 26 16 J ljA3 September 17, 2008 MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. I'm sorry. Any discussion? I didn't mean to jump that fast. (No response.) CHAIRMAN DICKSON: Okay, all those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. L YKOS: Aye. MR. JOSLIN: Aye. MR. BOYD: Aye. MR. HORN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. You're done. Oh, all of your stuff is here, so don't go to Maggie today . You can go there tomorrow. Wish you well. MR. ZEANCHOCK: Thank you. CHAIRMAN DICKSON: Randy Anderson, are you here? Randy, if you would, come up to the podium, sir. If I can have you state your name and then I'll have you sworn . . In, SIr. MR. ANDERSON: Randy Anderson. (Speakers were duly sworn.) CHAIRMAN DICKSON: Okay, we're just now getting your packet, but your certificate was canceled. Probably what, because of inactivity or something? MR. OSSORIO: Mr. Chairman, I'll go ahead and take the lead on this real quick, bring you up to speed. Mr. Anderson is a licensed registered electrical contractor, He is registered with Tallahassee as dormant status. And he's been -- obviously you can see through his packet that he has continued his Page 27 161 ,1A September 17, 2008 education. He does own a company called Bay Electric that has another qualifier. So he was under the assumption that basically since I already have one qualifier, I can put my license on dormant, which he has done so with the state and with our office. But unfortunately, you probably heard this before, is that the five-by-seven card, either he didn't get it or that he moved his office or we just sent it to the wrong address, I'm not sure. But he did not renew his certificate. So his State of Florida license is still dormant, active till 2010 -- or 2009, actually. But his county license has been canceled. Due to the fact that he's had continuing education and he's still licensed with the state registration, I recommend we approve it back to dormant status. MR. JOSLIN: So it's not going to become an active license, it's going to still remain dormant? MR. OSSORIO: It's going to remain dormant because -- MR. JOSLIN: -- with Collier, dormant -- MR. OSSORIO: Yes. And when and ifhe comes out of dormancy, we need a credit report, we'll do that too as well. MR. JOSLIN: Gotcha. CHAIRMAN DICKSON : You want to add anything? MR. ANDERSON: No, he did very well. No, the reason I didn't have that is my partner is a lady, her name is Cheryl Miller, and we are a minority contractor, so I could not carry my license and hers on the same company, otherwise it would invalidate her minority status. So I put mine in dormant and then failed to get the proper payment to you with the card. And it would have been our error is all I can figure out. And so I'm asking for it to be reinstated. CHAIRMAN DICKSON: We're just talking that $20 annual fee, aren't we? Page 28 16 jr 1 A 3 September 17, 2008 MR. OSSORIO: No, he's state registered. He'll have to pay his back fees, three years worth or two years worth. CHAIRMAN DICKSON: But the state's okay. MR. OSSORIO: The state's fine. The state you have to reregister every two years. And unfortunate (sic) he's kept up his continuing education, and so I see no issue with this. MR. JOSLIN: I make a motion to approve. MR. L YKOS: Second, Lykos. CHAIRMAN LEFEBVRE: Discussion? (No response.) CHAIRMAN DICKSON: All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. L YKOS: Aye. MR. JOSLIN: Aye. MR. BOYD: Aye. MR. HORN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. You set the record this year. I wish you well. MR. ANDERSON: Have a good day. CHAIRMAN DICKSON: You too. Before we get into public hearings, Sergio, what's your schedule like? MR. GONZALEZ: I'm open until whenever. CHAIRMAN DICKSON: You want to speak now or you want to hear the cases? MR. GONZALEZ: I want to hear the cases. CHAIRMAN DICI(SON: Okay, very good. Yeah, we are doing good. Case No. 2008-11. He just left the room. We're going to deal -- are you going to handle that one, Ian? Page 29 16 J ',) I 1L A ') September 17, 2OU'8 ',"- MR. JACKSON: I will. CHAIRMAN DICKSON: Paul Riddenberger (sic), Riddenberger Custom Homes. We started hearing that last month, and what are we going to do? MR. JACKSON: The case is withdrawn. CHAIRMAN DICKSON: The case is withdrawn? MR. JACKSON: Indefinitely. CHAIRMAN DICKSON: Okay. That was easy. Case No. 2008-13, Michael McNeal, is that you, d/b/a New Code Windows and Doors. And who's going to present that case? Good morning. MR. KENNETTE: I am Allen. CHAIRMAN DICKSON: I'm going to have -- would you come to the podium, yes, sir. Mr. McNeal, is it? MR. McNEAL: Yes, sir. CHAIRMAN DICKSON: You want for swear both of them in at the same time? MR. NEALE: Mr. Dickson, if I would suggest, since we've got a new form here, is maybe work off that so everybody could -- because that also introduces the process for the hearing and everything. CHAIRMAN DICKSON: Okay. Let me go ahead and get them sworn. (Speakers were duly sworn.) CHAIRMAN DICKSON: Gentlemen, for everyone present, we've got a little new legalese to kind of explain this. And we'll get to where we do it verbatim like we have in the past. But since this is new, let me read it to you. This is how the hearing will go. They are conducted pursuant to the procedures set out in our Ordinance, Collier County 90-105, as atl1ended, and State Statutes Chapter 489. Page 30 1611A3 September 17, 2008 They're quasi-judicial in nature, which means formal Rules of Evidence do apply -- MR. NEALE: Do not apply. CHAIRMAN DICKSON: -- but fundamental fairness and due process shall be observed and shall govern the proceedings. Irrelevant, immaterial or cumulative evidence shall be excluded, but all other evidence of a type commonly relied on by prudent people in the conduct of their affairs shall be admissible -- in other words, hearsay -- whether or not such evidence shall be admissible in a trial in the court of the State of Florida. Hearsay evidence may be used for supporting or explaining any evidence, but shall not be sufficient by itself to support a finding unless such hearsay would be admissible over objection in civil actions in a court. Rules of privilege shall be effective to the same extent that they are now, or hereby may be recognized in civil action. Explain rules of privilege, Mr. Neale. MR. NEALE: Basically where someone has privileged testimony or privileged information, like attorney-client privilege or something like that where you can assert a privilege where you do not have to reveal certain information. CHAIRMAN DICKSON: Very well. Any member of the Contractor Licensing Board may question you at any time before the board. Each party of the proceedings shall have a right to call and examine witnesses, introduce exhibits, cross-examine the other person's witnesses, to impeach any witness -- in other words, prove them wrong -- regardless of which party called the witness to testify, and to rebut any evidence presented against the party. The Chairperson or the Vice-Chairperson in his absence shall have all powers necessary to conduct the proceedings at the hearing in a full, fair, impartial manner and to preserve order and decorum. Page 3 1 16111JA3 September 17, 2008 The general process of the hearing is for the county to present an opening statement, which he will do, where it sets out the charges in general terms. Here's where we always get off is the opening statement. It sets out the charges in general terms how it intends to prove them. And then you, Mr. McNeal, will make your opening statements setting out in general terms how you're going to defend the charges. The county then presents their case in chief, calling witnesses, presenting evidence. Then you can cross-examine these witnesses after the county has presented them. Once the county closes its case, then you can put on your defense, you can call witnesses and do all the things described earlier, that is, call and examine witnesses, to introduce exhibits, cross-examine witnesses, impeach them, regardless of which party called them, and review all the evidence that the county may have presented. They also can cross-examine your witnesses. After you put on your case, the county gets to present or rebut the respondent's presentation. When the rebuttal is concluded, then each party gets to present closing statements, with the county getting a second change to rebut all the respondent's closing arguments. The board -- then we will close public hearing. Public hearing means we are finished and we begin our deliberations, but you will hear those deliberations. The attorney for the board will give us our charge, more or less watch over us like a jury does, setting out the parameters for which they're (sic) base their decisions. During the deliberations we can ask you additional information or clarification, if we want. We will have two different tasks that we're going to be doing: First, whether or not you are guilty of the offenses charged by the administrative complaint. And a vote is taken on that matter by itself. Then if you're found guilty, then we have to decide the sanctions to be imposed. And the county attorney will advise us on those as well Page 32 ~ t. ,! ~ A 3 September 17, 2008 and what to consider. And we'll discuss those and take a vote on that. After those two things are decided, I, the Chair, will read a summary of the order issued by the board. The summary will set out the basic outline of the order but will not be exactly the same language as the final order. The final order will include full details required under state law and procedure, of which you will get a copy delivered to you. Any questions? MR. NEALE: Just one point is I think you said that the county attorney is going to advise the board. It will actually be I will advise the board, because I'm the board attorney. CHAIRMAN DICKSON: Yeah, I kind of -- the suits. The first suit, the second suit. So that you all know, he advises us, the county keeps us out of trouble, or keeps the county out of trouble. So with that, any other questions, clarifications? (No response.) CHAIRMAN DICKSON: You always are the only two guys that wear suits. MR. NEALE: We get paid to do that. CHAIRMAN DICKSON: Wait till we show up one week all in suits. MR. NEALE: Then I'm going to wear a Hawaiian shirt that week. CHAIRMAN DICKSON: Okay, could we have the county's opening statement. MR. KENNETTE: Yes, my name is Allen Kennette. I'm from Contractor Licensing, Compliance Officer. I'd like to introduce into evidence Case No. 2008-13, Exhibit A, Board of County Commissioners versus R. Michael McNeal, doing business as New Code Windows and Doors, Incorporated. MR. JOSLIN: Mr. Chairman, I make a motion that we take Case Page 33 161 lA3 September 17, 2008 No. 2008-13, Board of Commissioners versus R. Michael McNeal, d/b/a New Code Windows and Doors into evidence. CHAIRMAN DICKSON: I second. All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. L YKOS: Aye. MR. JOSLIN: Aye. MR. BOYD: Aye. MR. HORN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. Proceed. MR. KENNETTE: You'll hear testimony today that on August 26th observed New Code Windows and Doors, Incorporated-- CHAIRMAN DICKSON: Do me a favor. MR. KENNETTE: Yes. CHAIRMAN DICKSON: Pull that mic. to you. MR. KENNETTE: Is that better? CHAIRMAN DICKSON: You okay with that one? THE COURT REPORTER: Fine. MR. KENNETTE: Good? Okay. You'll hear testimony today that on August 26th, 2008, observed New Code Windows and Doors installing windows at 308 Second Street South, in the City of Naples. You will also hear testimony from Thomas Mariannino, Inspector for the City of Naples, about the posting at the mentioned above property, Exhibit 5 in the packet, that a stop work order was posted for no permit. You will also hear testimony from Thomas Mariannino, Inspector of the City of Naples, about other violations of New Code's Windows and Doors not pulling permits before doing work. And also Page 34 16/~lA~ September 17, 2008 a meeting that was held at the City of Naples with the City Official on August 2nd, 2008 in these issues of the permits. Y ou'll also hear testimony that a cease and desist agreement was signed by the qualifier, R. Michael McNeal, on May 9th, 2008, Exhibit 13 in the pamphlet, and that Mr. McNeal was informed of the outcome of any more work being done without permits, violating the ordinance, of violation 4.2.2 of the Florida Building Code under 489. CHAIRMAN DICKSON: Okay. Mr. McNeal, opening statement? MR. McNEAL: I am responsible for the -- I am the qualifier for New Code Windows and Doors, and I am responsible for the permitting process of New Code Windows and Doors. The violations that are delineated in the exhibit I plead guilty to. We did do work without permit on the job for the various addresses that are listed. And I would like to make a quick response to that comment, because I think that's a serious comment, and it's required some serious reorganization of our company to disallow any work to go out without permits. We are presently the largest permit puller or I guess you would say installation of windows and doors in Collier County, to include Marco Island and the City of Naples. As a result of some cutbacks that we had with personnel in April of this year, the workload has been extraordinary to try to catch up with our permitting process and how we are going to make sure that the permits are on the job before the job is begun, which is of course the rule. It has been made clear to me, as well as by the owner of the company, that as the -- as of the May 9th meeting with Mr. Kennette and Mr. Bollenback and Mr. Mariannino at the City of Naples that no further work would be done without penn its. We agreed to that. And then we had another permit that was not Page 35 16/ LA3 September 17, 2008 on the job. That was on Neopolitan Way. And that was what was the -- the big issue that I think we're dealing with now is the fact that after all the work that we have done to resolve this process, that we still had one job go out. And indeed, it was without the proper permit on the job. CHAIRMAN DICKSON: That's good for now. Go ahead, Mr. Kennette. MR. KENNETTE: Okay, I'd like to call Thomas Mariannino, Inspector for the City of Naples. CHAIRMAN DICKSON: Mr. McNeal, at this point if you would, I'll just have you sit right there on that front row. MR. McNEAL: Yes, sir. CHAIRMAN DICKSON: So are you going to ask him questions, Mr. Kennette? You all can use this podium over here. MR. OSSORIO: I will. CHAIRMAN DICKSON: You will? Okay. (Speakers were duly sworn.) MR. MARIANNINO: M-A-R-I-A-N-N-I-N-O. Thomas Mariannino, Construction Site Inspector for the City of Naples. CHAIRMAN DICKSON: Do you ever have to spell your name very often? MR. MARIANNINO: Quite a bit. CHAIRMAN DICKSON: Good to have you. MR. MARIANNINO: Thank you, sir. MR. OSSORIO: Good morning, Mr.Mariannino. MR. MARIANNINO: Good morning, Mike, MR. OSSORIO: For the record, can you state what your job entails and how long you've worked for City of Naples. MR. MARIANNINO: I've been with the City of Naples for approximately three-and-a-half years. And my job is with the building department. Page 36 16/1A3 September 17, 2008 MR. OSSORIO: And what kind of work do you do for the building department? MR. MARIANNINO: I'm the construction site and compliance inspector, but I also issue stop work orders and check on unpermitted work and unlicensed contractors. I work hand-in-hand with your person, Allen Kennette, in the city. MR. OSSORIO: And for the record, I'd like to go ahead and add him as an expert witness in issuing stop work orders and no building permit and the custodian of asking the questions is there a building permit or not a building permit in the City of Naples. CHAIRMAN DICKSON: His license qualifies him as an expert witness in that area, doesn't it, Mr. Neale? MR. NEALE: Pardon me? CHAIRMAN DICKSON: He's an expert witness in that field because of his license? MR. NEALE: Yeah. CHAIRMAN DICKSON: Okay. MR. NEALE: You can find him to be an expert witness. MR. OSSORIO: Mr. Mariannino, can you explain to the licensing board -- do you have the Exhibit A in front of you? MR. MARIANNINO: Yes. MR. OSSORIO: Could you turn to E-5, E-6 and throughout E-8 and explain a little bit about New Code Windows and Mr. McNeal in referencing how we got to this position. And can you give testimony due to the fact that you were present of what the building official and you discussed with the qualifier of New Code and Windows (sic). MR. MARIANNINO: If I could take it in chronological order. The first incident that I found was at 1666 Third Street South. I made an inspection there and I found that half the windows were put in. And when I called my department to see if there was a perm it issued, there was none. So at that time I made them secure the property and I issued a stop work order. Page 37 16J lAj September 17, 2008 The second incident was at 2850 Gulfshore Boulevard North, Unit 403. Again, at that time there was no permit, so I did issue a stop work order. But basically most of the work was completed. And I believe that's the incident that a stop and desist order was issued by Allen. MR. OSSORIO: Were you present when the cease and desist order was issued to the qualifier? MR. MARIANNINO: Yes. MR. OSSORIO: Okay. MR. MARIANNINO: The third issue, we had a call of an unlicensed contractor doing work, and when I got there, I noticed a large slider that was brand new. And when I had asked the homeowner, he told me New Code had put it in. And this was existing already when I got there. So we required them to get a permit for that. CHAIRMAN DICKSON: This is E-14? MR. MARIANNINO: Excuse me? CHAIRMAN DICKSON: This is E-14 down at the bottom? MR. MARIANNINO: Yes, 350 Yucca. MR. OSSORIO: So let me ask you a question, Mr. Mariannino: So after all these stop work orders and all these, you did -- your building official, Paul Bollenback, in the City of Naples did bring in the qualifier, Mr. McNeal and you were present? MR.MARIANNINO: Yes. MR. OSSORIO: And can you tell the board a little bit what that meeting -- how that meeting transpired and what was said. MR. MARIANNINO: We basically went over what we expected of New Code from that point on, and we reviewed the cases that we had prior to that. And Mr. McNeal said he would comply from that point on. And we actually went through what the consequences could be. MR. OSSORIO: So you advised Mr. McNeal that if he continued on the path of not pulling building permits, that the City of Page 38 16 r 1 A3 September 17, 2008 Naples would have no choice but to make a complaint with the Contractor Licensing Board? MR. MARIANNINO: Absolutely. We made it perfectly clear to him. MR. OSSORIO: And are you saying that several weeks later after that meeting you were called out to another address of possible no building permits of New Code and Windows (sic)? MR. MARIANNINO: That's correct. Approximately three weeks later. MR. OSSORIO: And what address was that? MR. MARIANNINO: That was 308 Second Street South. MR. OSSORIO: And that's Exhibit No. E-5. So I just want to make sure we get this correct. So you had several meetings. You had one meeting with the qualifier and the city building departments. And it was explained to him ifhe continued to work without a building permit we would constitute that willful code violation? MR. MARIANNINO: Yes. MR. OSSORIO: I have no further questions. CHAIRMAN DICKSON: Mr. McNeal, do you have any questions of the witness, sir? MR. McNEAL: No, sir. CHAIRMAN DICKSON: Does anybody else have any questions of the witness? MR. JERULLE: Yeah, I have a question. On the windows that were installed without a permit, what happened to those windows? Did -- MR. MARIANNINO: Ultimately there was a permit issued. We red tagged -- some jobs that were not completed we red tagged. Other jobs that were completed, we required a permit. And our process is that we quad the fees, which would be four times the anlount. MR. JERULLE: So was there an inspection performed on the Page 39 sep!~blr'7,~A3 windows that were installed without a permit? MR. MARIANNINO:Ultimately there was. There was a permit issued, and -- yes. MR. JERULLE: Okay. MR. JOSLIN: In reality then all of the jobs that you've listed on here or all of the addresses that you've given us have now been permitted and inspected and finished? MR. MARIANNINO: Yes. MR. JOSLIN: And permits have been issued. MR. MARIANNINO: Yes. MR. L YKOS: Mr. Mariannino, if I've got this chronologically correct, the meeting with Mr. McNeal was held on May 9th? MR. MARIANNINO: No, the meeting with Mr. McNeal in Paul Bollenback's office was on August 5th. CHAIRMAN DICKSON: Anybody else? MR. JERULLE: Mr. Mariannino, I know who you are and I know you do a very good job, and I don't want you to take this question the wrong way. MR. MARIANNINO: No, sir. MR. JERULLE: But is there any chance, I mean, as big as the city is, that other windows could have been installed without you knowing about it? MR. MARIANNINO: Absolutely. I can't be everywhere. MR. JERULLE: Correct. MR. JOSLIN: Are there any other jobs out there that we know about now that have been done without a permit? MR. MARIANNINO: Not to my knowledge. Not in the city. MR. OSSORIO: You're referencing New Code; am I correct? MR. JOSLIN: Yes. MR. L YKOS: I want to go back to the chronological order, if I may. Item E-13, which is in our packet, which is the cease and desist agreement between the building department, Mr. Kennette and Mr. Page 40 16/1A3 September 17, 2008 McN eal was signed on May 9th, correct? MR. MARIANNINO: That's correct. And that was on the job at 2850 Gulfshore Boulevard North. MR. L YKOS: Okay. And then it looks like there were three jobs after that agreement was signed. MR. MARIANNINO: Well -- MR. L YKOS: On June 25th there was a stop work order at 350 Yucca. On August-- MR. MARIANNINO: Well, there was no stop work order on that one. That was already completed. So I don't know when that was done. That could have been done in April or-- MR. L YKOS: I understand, okay. It was just discovered on June 25th. MR. MARIANNINO: That's correct. MR. L YKOS: And then on August 5th, there was a stop work order posted at 549 Neopolitan Way. And then on August 26th, a stop work order at 308 Second Street. MR. MARIANNINO: Yeah, the one on Neopolitan. When we discovered it, the work had been completed. They were just cleaning up -- MR. L YKOS: So, in other words you don't know-- MR. MARIANNINO: -- no stop work order was issued -- MR. L YKOS: -- you discovered it on August 5th, you don't know when the work occurred. MR. MARIANNINO: I believe it was August 4th that I actually discovered it, yes. MR. L YKOS: Okay, thank you. MR. OSSORIO: Mr. Chairman, we call Allen Kennette. CHAIRMAN DICKSON: Thank you. Thank you, sir. MR. OSSORIO: Allen, if you could, turn to the Exhibit A, E-13. MR. KENNETTE: Okay. Page 4 1 161 lA3 September 17, 2008 MR. OSSORIO: And can you explain what we're looking at? This seems to be a cease and desist agreement between you and the qualifier of New Code? MR. KENNETTE: Yes, this was a cease and desist out at the Gulfshore Boulevard, 2850. They were doing Unit No. 403. They had a contractor do the complete building but they were doing Unit 403 as a test to show what the doors and windows were going to look like. Tom had gone out there in the morning and put a stop work order on it for no building permit, told the gentlemen to wrap it up and leave that day. Two hours later he went back by there, they were still there working. He called me. I arrived on the scene to see what was actually going on and they were continually doing a closet. So we got ahold of Mr. McNeal by phone. He arrived at the job site, said there was a misunderstanding between him and the workers and that the job should have been stopped and not continued and that they were going to leave that area. At that time I had him sign a cease and desist order. He gave me proper ID because I did not know him at that time. But he did give me ID showing that he was R. Michael McNeal, the qualifier of New Code Windows and Doors, which he did sign. And at that point I informed him that any more violations with -- work without building permits would be a willful code violation of the Florida Statute 105.5 and our Statute of 4.2.2. MR. OSSORIO: Mr. Kennette, can you just read maybe to the board the, therefore, being fully advised, I do agree? MR. KENNETTE: It would be three qualiers of the way down the page, the big bold print: Therefore, being fully advised, I do agree that I will pull all building permits required by the statutes, and fully understand that if I continue to work without a building permit in the future that the contractor licensing department will consider that a willful code violation and penalties and permit building (sic) Page 42 16/ lA3 September 17, 2008 privileges will follow. MR. OSSORIO: Did Mr. McNeal sign that? MR. KENNETTE: Yes, he did. And it was pointed out to him. MR. OSSORIO: And after this agreement we do have evidence that he continued to work with no building permits? MR. KENNETTE: Yes, he did. MR. OSSORIO: No other questions. CHAIRMAN DICKSON: Mr. McNeal, do you have any questions? MR. McNEAL: Not of Mr. Kennette, no. MR. OSSORIO: We have no other witnesses. CHAIRMAN DICKSON: I have a question for the county. Do we have any of these issues in Collier County? MR. KENNETTE: To my knowledge, I've stopped at all the job sites that I've seen New Code Windows and Doors doing, and they do have permits. I have not found one in the city that I know of that has been done without a permit. I do make an attempt to stop. One of them didn't have a permit, but they were doing a repair job on a window that wasn't sealed properly that had been permitted before, and that was all. CHAIRMAN DICKSON: So none in the county, just the city? MR. KENNETTE: Nothing in the county. CHAIRMAN DICKSON: Mr. McNeal, if you would step forward to the podium. You can present your case, sir. MR. McNEAL: On the -- the initial case that was at 2800 Gulfshore Boulevard North, this was a one-window deal that Mr. Kennette spoke about. And I made the mistake of -- we had -- we were doing all the solid doors in all of the units in that particular condominium. I t was my intent to have a trial -- try it out and see how the doors were going to go, because we had not tried to -- lrnean, we had not installed this particular product before. Page 43 16 J I lA 3 September 17, 2008 It was -- Mr. Mariannino was there in the -- literally in the area and stopped by and put a stop work order at that time. And we had discussion. And then, as Mr. Kennette said, he came back about two hours later and we were still finishing up some work on an exterior closet. And we stopped that also. Mr. Mariannino was quite verbal about making sure that that work was stopped. And I understood, got the guys off the job. That was my fault. And it was my intention not to supercede the permitting process but to make it go smoother when we did all the other jobs. The stop work order I took very seriously. And I put that in the -- I called up my office in Fort Myers, which -- and my edict was that we are not going to do any other work without permits, period. Very quickly after that, and this was not to my knowledge, but three more jobs were done without permitting. They were applied for but there was no permit on-site. One of them was not even applied for. And they were relatively small jobs, but regardless, they were not permitted. At that time I did not know that those jobs were going out until I got the -- they happened in quick succession. And Mr. Mariannino and Mr. Kennette called me and I put a stop to it at that time, again saying we cannot do what we shouldn't be doing. In other words, we need to have permits for all jobs, regardless of the money of the job, regardless of the timing, period. We made a -- after that I think that everybody in the office got the -- well, I know that everybody in the office got the memo, as you would say, and all work did not go out without a permit. It had to be that way. And there's a spreadsheet that I've created that -- it's simple, if the installer does not have a permit, the job cannot be installed, period. That's the way that I phrased it and that's the way that the work is being done. Page 44 16 II lA 3 September 17, 2008 Then we had a mistake. And this was the fifth one, the last job that was on Neopolitan Way. The gal that I have in my office in Fort Myers had mistakenly put down that the job had been permitted. It had not been permitted. She had sent the job out with the installers. And that was in a very visible area of Naples. And Mr. Mariannino and Mr. Kennette called me and said we've -- that's the end. We need to get this thing settled and we need to get it settled right now. I was -- I was very annoyed. I was very upset. And when I get a call from Mr. Mariannino, I know it's not a good thing. And that was where I was at that point in time. I have taken total control of all of the permitting processes that go out of Fort Myers. My office is in Naples. This is part of the problem. I have my office in Naples because we do a significant amount of work in Naples, Marco Island, City of Naples. And the main office and the plant that we build windows, we warehouse windows and doors are in Fort Myers. That's where all the installers start their day is in Fort Myers and come down -- usually coming down. Because like I say, most of our job, I'd say 70 to 80 percent, is in this Collier County area. After this last situation happened, the owner and myself met and we met with each of the installers. And their job is on the line. In other words, if they go out with a job that does not have a permit, they could lose their position in the company. If a job is scheduled by the need for getting money, which seems to be a big deal these days -- I don't mean that in a light way, I mean that in a serious way. But I don't deal with the money, I deal, frankly, with the mechanics. I have the responsibility of getting the job out and making sure the job is done correctly. That's my responsibility. And the money person, the guy that does the money, is no longer able to authorize a job without the permit in hand. Physically has to be in hand. Page 45 16 / l1A3 September 17, 2008 As an example, and I'll end my remarks right now, I've just done two jobs in Collier County two days ago that were permitted for $1,250. Simple window jobs, but they were definitely permitted. They were commercial jobs, and the permit fees are going to be more than what the salesman would make. But the issue is having the permit on the job before the work is done. We take great pride in what we do. We are the -- we figure the leaders of the community and set the standards in many of the jobs. And I don't think there's any inspection that we've had that has been -- failed because of improper work or anything that would be sloppy installation. It's perfect. Can I answer anymore questions? CHAIRMAN DICKSON: Yeah, I have a comment. MR. McNEAL: Yes, sir. CHAIRMAN DICKSON: Oh, I beat you. I want to make a comment and then I want to see how you respond to it. And it's about a three-part comment. Number one, it's obvious to me that you don't have control. And the owner is somewhat cavalier about all this by his absence today. So it kind of tells me if we revoke your license or stop your permit-pulling privileges, they'll just replace you with another license. And then I see the city over here, two of their enforcement officers here. That's the second time in 20 years. So you obviously have made a lot of people really angry. And what I'm seeing here is probably just the tip of the iceberg of how many permits you haven't pulled. And so because of seeing all those things today, there's a lot of people not happy with New Code Windows and Doors. And this isn't the first time. And then we hear this grand statement that oh, you've worked it out and we had a mistake, but it's never going to happen again. Well, I'm old enough and wise enough that I bet you it's probably going to happen again within 30 to 60 days. Page 46 sePtem~~ 1 ~, k~ 3 So what guarantee can you tell me that it's not going to? And how can you tell me you have control when the owner lets things go on like this and then he just sends you out on your own down here to face this by yourself today? MR. McNEAL: Okay. I'd like to answer all the questions, or all the comments, and I'll do it as quickly as possible. Number one, the owner is not a cavalier owner, and he takes the work very seriously. The reason he is not here today was that I was instructed to be here today as the qualifier. And I had been talking with Mr. Kennette on two or three different occasions as to how to prepare for my presence today. And the owner would have gladly been here if he would have needed to be. Needed to be in terms of what the process was presented to me as. I haven't been sleeping well because of this. I take this very seriously. And I'm not blowing smoke. We have documentation of more than 400 permits that we've pulled in Collier County alone. Then that doesn't include Marco Island and does not include the City of Naples. We do not, and I'll -- I have to say this with every ounce of energy that I can come up with, but we are not and we have not been pulling permits -- or doing jobs without having the permits on the job, period. We have had to reduce our workforce, which has been a sign of the times. And it's been difficult to adjust to that. I don't mean that as an excuse, only as a fact of what has happened as a result of the economy. And we still are doing quite a bit of work. If you talk to anybody when you walk into Collier County, they see me every day. And likewise, with the City of Naples and with Marco Island. I'm very visible and I also get to almost every job site. Some I confess I haven't been able to get to in Fort Myers, just because of the location. But most of those have been commercial jobs that I've seen the end result Page 47 16,1A3 September 17, 2008 of, pictures. I -- I made a mistake initially to generate this whole process going bad. And my mistake was not even very well explainable. I was trying to do a door to see what kind of problems we'd have with doing the door. Well, that sounds pretty suspicious. Mr. Mariannino and I had a talk about that. And it just sounds, come on. But then I had 104 doors on the same job that were permitted within the next two weeks that we had a semi truck trailer there for the period of maybe five weeks to do the job. I take it very seriously. I continue to work very hard to maintain relationships with all the people in the county, to include the cities and Fort Myers. And I value that very much in being able to -- CHAIRMAN DICKSON: Well, you're not answering my question, you're just blowing more smoke. MR. McNEAL: I'm sorry. CHAIRMAN DICKSON: You're telling me this can't happen again? MR. McNEAL: No, it cannot happen again because we have three safeguards in Fort Myers that the job will not go out without a permit, period. There's a job waiting today to go out that I said cannot go out, it's been approved. City of Naples. I even asked Mr. Bollenback if we could have it be processed early. He said no, or at least I haven't heard, and it's not going out today, period. I'm -- CHAIRMAN DICKSON: So you would have no problem ifit happens again that all permit pulling privileges are pulled? MR. McNEAL: That's correct. MR. JOSLIN: Or possibly your license revoked? MR. McNEAL: Excuse me? MR. JOSLIN: Or possibly your license revoked? MR. McNEAL: Yes. I'm being that dramatic because I understand the significance of what we're talking about now. I'tTI not Page 48 16/ltjA:; September 17, 2008 playing -- MR. JOSLIN: Mr. McNeal, I don't mean to cut you off, but I think I've heard enough. MR. McNEAL: Yes, sir. MR. JOSLIN: I just have one question for you real quick. And of New Code Windows and Doors, Inc., you license -- you are the license holder for this company? MR. McNEAL: Yes, sir. MR. JOSLIN: It sounds to me like Mr. Dickson is absolutely right, that you've lost control of this company. In downsizing or in all of the comments you've made that because of the economy and what's going on here, you're still making some pretty major faults with your company. Enough to bring the City of Naples here that has cited you many times for the same offense. Now you're going to have a hard time convincing this board, I feel, that we're going to not do anything to you at this particular moment. I can't understand why you would want to have a contract, you just said, where you have] 07 or ] 11 doors that are going to go in one section of a condo, but you still had the thought that you could go in there and put in a door without a permit? Now, that's a pretty sizable contract. And I would think that any good contractor would want to go and get a permit before he touched the job. What if that door didn't fit? MR. McNEAL: Well, that was one of the issues. It was all made to fit and they were -- there are three doors on a condo on that particular job, and I was very concerned about how the fasteners were going to work and getting some kind of -- MR. JOSLIN: Okay, but it still required a permit, nevertheless. MR. McNEAL: That's not -- nonetheless, you're absolutely correct. MR. JOSLIN: So what you're saying -- what you're telling this Page 49 16,..1IA3 September 17, 2008 board is that the count that you're brought up on, the charges you're brought up on today is that you feel as though you are guilty. MR. McNEAL: That's correct. MR. JOSLIN: Okay. I have no further questions. MR. OSSORIO: Mr. Chairman, I have one question. Mr. McNeal, you mentioned earlier in your statement that the last time was Neopolitan Way. MR. McNEAL: Yes, sir. MR. OSSORIO: I was assuming that 308 Second Street South was after Neapolitan; am I correct? MR. McNEAL: No. MR. OSSORIO: No. Okay. What date was the stop work order issued for Neopolitan Way; do you remember? MR. JOSLIN: August 5th. MR. MARIANNINO: May I add a little clarity to this? MR. McNEAL: August 5, yes. MR. MARIANNINO: Neopolitan Way, that's the particular job that was completed, and that was on August 4th. The last job was 308 Second Street. MR. OSSORIO: So when you had your meetings with your staff members, Mr. McNeal, referencing the Neopolitan, that was the last straw. Indeed, a couple weeks later, 308 Second Street popped out and there was no building permit; am I correct? MR. McNEAL: Yes, sir. I apologize for making the reverse of that. But you're absolutely correct, that was the last one. And that was the one that was the mistake that I had referred to earlier. I was not looking at my notes when I was making the comments. The fact of the matter is that we have had, as has been pointed out, five infractions with the City of Naples with no permits on the job or permits being in partial process but not on the job. And the last one was on the Second Street, that's correct. CHAIRMAN DICKS()N: Does anybody else have anything Page 50 16 I: 'fA ~ September 17, 2mlSo' else? MR. JERULLE: Yeah, I have a question. Y ou're licensed? You're a certified general contractor? MR. McNEAL: Yes, sir. MR. JERULLE: And so you've taken the state exam? MR. McNEAL: Oh, yes. MR. JERULLE: And you're the license holder for New Code Windows? MR. McNEAL: Yes. MR. JERULLE: The qualifier? MR. McNEAL: Yes, sir. MR. JERULLE: And you know through taking the test and being the qualifier that a permit has to be in hand prior to any work? MR. McNEAL: Yes, sir. CHAIRMAN DICKSON: Any other questions? (No response.) CHAIRMAN DICKSON: Okay, County, closing arguments? MR. OSSORIO: Well, I'd like to go ahead and recall Tom Mariannino, just real quick. CHAIRMAN DICKSON: Okay. You can stay there, Mr. McNeal. MR. MARIANNINO: Tom Mariannino. MR. OSSORIO: Mr. Mariannino, just for the record, when you -- can you tell us the date you had a meeting with Paul Bollenback and the qualifier, Mr. McNeal in the city, city department? MR. MARIANNINO: August 5th. MR. OSSORIO: And on August 5th, was it kind of unusual that Mr. McNeal wasn't there and the building official was talking about New Code and Windows, that the owner of the company wasn't there? MR. MARIANNINO: Yes. MR. OSSORIO: Did you find that pretty odd that the owner of the company wasn't present? Page 5 I 16/1A3 September 17, 2008 MR. MARIANNINO: I did. MR. OSSORIO: No other questions. MR. BOYD: I have a question. The Second Street job that was 8/26, was there a permit in process for that -- MR. MARIANNINO: I believe there was. MR. BOYD: -- at the time? MR. MARIANNINO: It was in permitting. It was not approved. Oh, there was no permit? Okay. There's so many of these, I get confused. Yes, sir. MR. BOYD: So they hadn't even applied for a permit. MR. MARIANNINO: No. MR. BOYD: Thank you. CHAIRMAN DICKSON: Do you have any questions of the witness? MR. McNEAL: No. MR. OSSORIO: One other question for Mr. Mariannino. Maybe you won't be able to answer the question, but how long does it take to go through the process in the City of Naples for replacing windows? MR. MARIANNINO: In that particular case, it's two to three weeks. And that's the entire process. And that's probably about the time it takes him to build a window. MR. OSSORIO: No other questions. CHAIRMAN DICKSON: Thank you, sir. Appreciate you comIng. Do you have anything else? MR. OSSORIO: No. CHAIRMAN DICKSON: Okay, closing statement by the county? MR. OSSORIO: I do. Mr. Chairman, you heard testimony through the City of Naples Building Department, you heard testimony froJn the Collier County Page 52 16 I I 1,A' September 17, 2008 Contractor Licensing office. You've heard that our office issued a notice to Mr. McNeal referencing if he continued to work without a building permit it would constitute willful code violation. You heard testimony from Mr. McNeal, who is the qualifier of the company, stating the fact that he did violate the code, and he understands it is willful. So therefore, I believe that he has willfully violated 105 of the Florida Building Code. And he also violated our section of the 2006-21 Collier County Ordinance 2.2.2, willfully violating the Florida Building Code. That's all I have. CHAIRMAN DICKSON: Mr. McNeal, do you have a closing statement? MR. McNEAL: Yes, sir. And I'll try to be very brief. And I would plead with the board to realize that we have had a huge company develop from nothing in about five years -- actually about five-and-a-half-years; I've been with the company from the first day of inception. We have taken a lot of pride in doing work very well. Obviously we haven't done as good with the permitting process as we should. I have taken control. And I don't feel that I've lost control of the company, as Mr. Joslin said. I think it's that I did not realize at what point the permits were not going out with the jobs; in other words, the money that was being pushed to try to get the jobs out the door, I was not as aware of that as I should. And part of that has to do with the fact that I was in the Naples office instead of the Fort Myers office. I've made corrections to all of that with the owner. By the way, when the August 5 episode occurred, my -- the owner of the company was also on the phone a number of times with Mr.Kennette and Mr. Bollenback, and spoke to thelTI directly at that time, expressing his need to get this problem taken care of, as well as knowing that I was going to be taking care of it. We have been talking daily. I talk to hilTI every day, sometimes Page 53 Jij C'\ H b\ , t 16/ ~ ~n:~~) September 17, 2008 -- I was up there yesterday in Fort Myers, and feel that I have solved the problem. When you asked me before, Mr. Joslin, if I was able to risk my license and the ability of the company to continue to do work based upon the word that I'm giving you and say yes, that means a lot to me. And that is where I am right now. CHAIRMAN DICKSON: Thank you, sir. Do I hear a motion to close public hearing? MR. L YKOS: So moved, Lykos. MR. JOSLIN: Second. CHAIRMAN DICKSON: All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. L YKOS: Aye. MR. JOSLIN: Aye. MR. BOYD: Aye. MR. HORN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. Have a seat, Mr. McNeal. First thing we'll do is look at the charges after Mr. Neale gives us our briefing. MR. NEALE: With the new format, a lot of what I say here I'm going to leave out from what I used to say in the past. But basically the board has to ascertain that this is -- the principles of fundamental fairness and due process were afforded to the respondent. When you're considering this case, you really can only consider the evidence presented at this hearing today and exclude from your deliberations any irrelevant, immaterial or cumulative testimony. But you shall admit and consider all other evidence of a type commonly relied upon by a reasonably prudent person in the conduct of their Page 54 ,~, 1 A3 September 17, 2008 . affairs. Hearsay may be used to explain or supplement other evidence but it can't be the only basis for your decision. The standard in a case such as this, where the sanctions available are those other than those affecting the license is that of a preponderance of the evidence. Since this is a case against a state contractor, the only sanctions available, should you find him in violation, are to remove or restrict his permit-pulling privileges. The standard in evidence to be weighed solely are as to the charges set out in the complaint as Ordinance 90-105, Section 4.2.2, which is willfully violating the applicable building codes or laws of the state, city or Collier County. In order to support a finding that the respondent's in violation of this, you must find that the violations were actually committed by the respondent. The facts must also show to a preponderance of the evidence the legal conclusion that this respondent was in violation of those. This charge is the only one that the board may decide upon, as it's the only one to which the respondent had the opportunity to prepare a defense. Any damages that are found, even though it's not a matter in this case, must be directly related to these charges. The decision made by this board shall be stated orally at this hearing and is effective upon being read by the board. The respondent, if found in violation, has certain appeal rights to this board, the courts and the state construction industry licensing board as set out in the ordinance, Florida Statutes and Rules, and in the order itself. If the board is unable to issue a decision immediately following the hearing because of the questions of law or other matters of such a nature that a decision may not be Inade at this hearing, the board may withhold its decision until a subsequent meeting. Page 55 11.~.~ n it.~.'l . 'J1 September 17, 2008 The board shall vote based upon the evidence presented on all areas, and if it finds the respondent in violation of the administrative complaint, the board shall also make findings of fact and conclusions of law in support of the charges set out in the administrative complaint. So the board now will consider the first as to whether he was violation. CHAIRMAN DICKSON: Okay. The one count we're dealing with and only one count is 4.2.2, willfully violating applicable building codes or laws for the state, city or Collier County. Any discussion or a motion? MR. JOSLIN: I'll make a motion. CHAIRMAN DICKSON: Go ahead. MR. JOSLIN: Unless there's any other discussion. CHAIRMAN DICKSON: He admitted to it. MR. JOSLIN: Pretty much that's the way it has to go then. In the case of2008-13, William -- or R. Michael McNeal, d/b/a New Code Windows and Doors, License No. CGC-059099, the board has found that -- I make a motion, I'm sorry, that the plaintiff (sic) be found guilty of Count 1, 4.2.2, willfully violating the applicable building codes or laws of the state, the city of Collier County (sic). CHAIRMAN DICKSON: Do I hear a second? MR. BOYD: Second, Boyd. CHAIRMAN DICKSON: Discussion? (No response.) CHAIRMAN DICKSON: All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. L YKOS: Aye. MR. JOSLIN: Aye. MR. BOYD: Aye. MR. HORN: Aye. Page 56 Ii r, 3 September 17, L06~ MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. Opposed? (No response.) CHAIRMAN DICKSON: It's unanimous. Now we go to the penalty phase, and again, Mr. Neale. MR. NEALE: As the board -- CHAIRMAN DICKSON: State certified contractor. MR. NEALE: As the board has found the respondent in violation, it must decide on the sanctions to be imposed. The sanctions are set out in the codified ordinance of Collier County at 22-203(B)(1), and the revised ordinance in Section 4.3.5. The sanctions which may be imposed include only the denial of issuance of Collier County or city building permits, or requirement that those permits be issued with specific conditions. In imposing the sanction, the board shall consider the gravity of the violation, the impact of the violation on the community and the citizens of Collier County and the City of Naples, any actions taken by the violator to correct the violation, any previous violations committed, and any other evidence presented at the hearing by the parties that's relevant as to the sanction that's appropriate for the case, given the nature of this matter. The board shall also issue a recommended penalty for the State Construction Industry Licensing Board, and that penalty may include a recommendation for no further action, recommendation of suspension, revocation or restriction of the registration, or a fine to be levied by the state board. CHAIRMAN DICKSON: And Mr. Ossorio, what's the county's recommendations? MR. OSSORIO: The county's recommendation is a -- we do make a complaint with the Department of Business & Professional Regulations. 1, , Page 57 161: lA3 September 17, 2008 CHAIRMAN DICKSON: Say that again? MR. OSSORIO: We make a recommendation that you forward this case to the Department. We also recommend that the penalties be a $5,000 penalty to be paid to the Board of County Commissioners, and no further action on suspension of building pulling permit privileges. I believe we should not pull his building permit privileges. We should monitor it and see if indeed if it happens again. MR. JOSLIN: Probation? MR. OSSORIO: I don't think we can enact for probation, but I think we're going to forward it to the state, let the state do their independent investigation through their probable cause panel. And we should just be able to recommend a $5,000 penalty to be paid to the Board of County Commissioners. MR. NEALE: Since he's a state contractor, that's not an available remedy though. CHAIRMAN DICKSON: Pardon me? MR. NEALE: Since he's a state contractor, that's not an available remedy. CHAIRMAN DICKSON: The fine? MR. OSSORIO: I'm sorry, it's a penalty. I'm sorry, recommend a penalty of $5,000 fine. MR. NEALE: To the state. MR. OSSORIO: To the state. MR. NEALE: Recommend to the state that they-- MR. OSSORIO: Yes. MR. JOSLIN: As far as the suspension of his permitting privileges, can we put some type of a probationary period on him pulling permits in Collier County? Put restrictions on -- MR. NEALE: Certainly. Yeah, that's -- within the purview of the board two things that the board may do is either deny the issuance of permits or require that pennits be issued with specific conditions, and Page 58 16/ iA3 September 17, 2008 the board can set those conditions within its purview. CHAIRMAN DICKSON: What about -- can we do investigative charges? MR. NEALE: No. You can recommend to the state that they impose them, but this board cannot impose them. CHAIRMAN DICKSON: We'll never get them back. MR. L YKOS: Before the board starts to consider penalties, I'd like to make -- I'd like to express two concerns. One is that the owner of the company doesn't feel any of these proceedings are important, whether at the city, meeting with Mr. Kennette or being here today. If this was me, I wouldn't want anybody but myself to represent my company. That's number one. Number two, to me it was conspicuous that all of these problems are with City of Naples permits. Now I pull permits in the county and I pull permits in the city. And I can tell you that when Mr. Bollenback took over the city building department, it took a lot longer to get permits. Mr. Bollenback's staff goes over every permit application with a fine-toothed comb. Five, 10 years ago, I could get a condominium renovation permit in five or six days. Now it takes three, four, five weeks. I've met with Mr. Bollenback. They go over everything with a fine-toothed comb. They do not take any chances; they represent the public's best interests extremely well. Because of the number of employees with the county, it's actually easier to get a permit in the county now than it is in the city, and it used to be opposite. And I just find it conspicuous that the jobs that didn't get permits were all in the city. To me this isn't about accidentally jobs going out without permits. All of them in the city? To me there was -- I don't want to imply there was a decision made to not get city permits, but it is conspicuous to me that there were five jobs all within the city, and Page 59 16 It fA 3 September 17, 2008 at least two of those were after the fact. Somehow the city stumbled upon -- and I don't mean to imply anything negative against the city, but somehow the city came upon two projects that were already completed, never had a permit on the job. And the last one that occurred, there was no permit applied for. After the agreement was signed -- to me there's just obvious disregard for the building permit process and for the consequences of those actions. It's just too obvious. I mean, all in the city? Permits in the city are a lot tougher than they used to be. CHAIRMAN DICKSON: We're in discussion, and I -- the other thing I do, I was accused this week of being too nice by somebody on a -- and I usually am. But I always look at the gravity of the violation. And I look at these windows, not only in high-rises, the danger that is there. Not just from storms, but a child falling out of one. I look at on the one story, these impact glass, you guys know how heavy those are. One of those falling and crushing a child. I look at the gravity of the violation. And to be honest with you, I'm in agreement with you, I'm really quite upset about this. MR. JOSLIN: And unfortunately we can't do a whole lot to it other than putting him on a pretty good restriction here in this county and make the recommendations. I think you're absolutely right, I mean, this is why I mentioned the fact that I think he lost control of the company. Maybe it's a fact of with the times and possibly yes, with the economy changing he needed to proceed with his job to maybe make cash flow fall and do it in a quicker manner and not have to wait the two or three weeks for the permits. But nevertheless, guilt is guilt, no matter how you look at it. CHAIRMAN DICKSON: But the city's already worked with him. MR. JOSLIN: Exactly. Page 60 16 J liA3 September 17, 2008 CHAIRMAN DICKSON: The city's already given him second chances, and it didn't work. MR. JOSLIN: I think everyone's given him as many chances as probably are going to be given at this moment. MR. L YKOS: The other issue that Mr. Joslin brought up is all the owner of the company's got to do is hire a new guy to qualify his business. And to me that's just even more disregard for the system. I'll just go hire somebody else. MR. JOSLIN: And that's a good indication of why the owner may not be here. There's a possibility that this man could lose his job and now he's got no qualifier, so he just can go get a new one. MR. L YKOS: I don't know what we're allowed to do but I think CHAIRMAN DICKSON: Well, here's what you're allowed to do. Read it again, Mr. Neale. MR. NEALE: You can deny the issuance of Collier County or city building permits, or require the issuance of permits with specific conditions. What conditions those can be are fairly broad, so -- MR. L YKOS: Well, that second part doesn't work, because you actually have to apply for a permit to put conditions on it. And it seems like they have a history of not applying for permits. So that doesn't do us any good, does it? MR. NEALE: One thing this board has done in the past, it may fit into this purview, a little bit of a shave on it, but -- is this board has required that contractors advise them of every job they obtain. MR. L YKOS: Well, that would be trusting them to do the right thing. The other concern I have, and I -- I was pretty quiet before. And there's a lot of things about this that really bother me. I've done replacelnent sliding glass doors and enclosed lanais and those kind of things, and sometimes there's engineering that's got Page 61 16 I 'k f\ ~\ , Jc .4'...1 September 17, 2008 to be done in advance, there are buck inspections that have to be done. And if you don't have to get engineering, it makes your job cost less to the homeowner. If you have a homeowner who's got a tight time frame and you can do the job without a permit, it makes you more appealing to the homeowner. Again, I think that some of these things that have happened have been business decisions and not accidents. I think these are contrived, I think they're done intentionally, and I have a sincere concern about those issues moving forward with this company. MR. JERULLE: I agree. As a general contractor in this city and county, I wholeheartedly agree with you, Tom. A lot of things -- projects may have been done out there that we haven't found out about. And without inspections, you don't know how they're installed. And the public is being deceived by hiring this company and trusting this company to install a window, a hurricane glass that may not be actually hurricane proof. I have serious concerns. MR. L YKOS: And so you guys might not be familiar with how some of this works. If you're below 30 feet in a building, you have to have high impact glass. 30 feet to 60 feet you have to have what's called small missile impact glass. And then above 60 feet you don't have to have impact glass. Well, if a company is not getting permits, they could be more price competitive if they're putting non-impact or small missile impact on the lower 30 feet of a building. I mean, there are so many things where you have to trust the contractor to do the right thing. And without having the building department to back up what's supposed to be done, I think that New Code has created a competitive advantage for thelTIselves by not pulling permits. Not only the adlninistrative cost for pulling the Page 62 16 1, 11 t\ 3 September 17, 2008 permit, but on all your things where a company could misrepresent what needs to be done. I have a big problem with it. MR. JOSLIN: On the other side of the coin now, I know that you're on a roll here, but on the other side of the coin, you have to look at the man's testimony and you have to look at the City of Naples' testimony that, okay, all the permits we asked, were they all completed and permitted and now they're done and inspected correctly. So on one side of the coin you say he did it wrong without a permit, but on the other side of the coin you say, okay, it was done, completed, and it is to code. MR. JERULLE: But that's after the fact. MR. JOSLIN: After the fact, right. MR. JERULLE: That's after the fact. We don't -- I mean, not to imply that there are problems, but we just don't know. And this is -- as a board, this is a contractor that's not doing the right thing. MR. JOSLIN: Exactly. MR. JERULLE: And I'm just not comfortable moving forward. MR. McNEAL: May I respond in any way? MR. JOSLIN: No. CHAIRMAN DICKSON: Let's bring it to a head. Someone give me a motion. MR. JOSLIN: I think there's only one -- while we're still in discussion, I think there's only one -- either one of two things we're going to be able to do here to make this motion fly. It's either suspend his privileges here and recommend it to the board, or we put him on a real strict probation as far as -- or not probation but restrictions to get permits here in Collier. We can't make him go get permits, but we can take his license if he doesn't. MR. JERULLE: I have a question. Ifwe do recommend this to go to the state, how long does that process take? Page 63 J.6J lA3 September 17, 2008 CHAIRMAN DICKSON: About three or four years. Right now -- well, that's not you. But the state board has been running -- prior to the downturn in the economy, they were running four years behind. MR. OSSORIO: Well, Mr. Dickson, I would tend to agree with you, but we heard a case several months ago, and we just heard back from the construction licensing board and they are taking this gentleman to their board very quickly. So two months ago I would have said you're absolutely right, don't hold your breath, you're not going to be here. But we did hear confirmation from one of our -- we had a general contr -- if you remember the general contractor with no insulation seven months ago, well, that is proceeding to the Construction Industry Licensing Board. It went through the probable cause panel, the attorney picked it up in Tallahassee and they're scheduled to the board. So that is working. CHAIRMAN DICKSON: Oh, good. MR. MARIANNINO: I think before somebody makes a motion, we should consider putting the company on probation, and that if this happens again then we would restrict his ability to pull a permit in Collier County immediately. And at the same time recommend to the State Contractors Board the maximum fine and investigation fees that they would see fit. MR. L YKOS: I'd like to pull their permit -- permit pulling privileges, even for a short time, just to make a statement, especially to the owner, that this is very serious. And if decisions were made because they wanted to expedite cash flow, that maybe it's for 30 days, maybe it's for 60 days, they can't pull permits in Collier County. I think a statement's got to be made. Again, five permits all in the city? Not a coincidence. MR. JOSLIN: If it was -- I think you're absolutely right. I think if it was just a fact of the license holder that's here before us today and the owner were one in the same person, it would be a different story, maybe we'd think a little differently. Pane 64 b l! I"; """1 ,', '~k';: ~ I ~,~ ""."P September 1 7 ;''20' .,~, But now that we have a license holder and an owner and the owner isn't here to really stand up for his own company that he owns, it's like you, ifit was my company, I'd have been standing tall, no matter who my license holder was. CHAIRMAN DICKSON: Somebody give me a motion, we'll see which way it goes. We're kind of split. MR. JOSLIN: I'll make a motion. I'll make a motion that we suspend his permit pulling privileges in Collier County for the next 30 days. CHAIRMAN DICKSON: This also includes City of Naples? MR. JOSLIN: City of Naples, Marco Island. And that this case be forwarded to the State Licensing Board for investigation. And recommend a fine be imposed of $5,000. And also to say that if at any moment if this company, which is New Code Windows and Doors, Inc., or the license holder of R. Michael McNeal are found in the City of Naples, Marco Island or Collier County doing work here, that his license in Collier County is immediately revoked. CHAIRMAN DICKSON: You can't do that. You can't revoke a state license. MR. JOSLIN: No, we can take his compo card, no? MR. NEALE: No. CHAIRMAN DICKSON: No. MR. HERRIMAN: No, you can just take away his privileges of pulling permits -- MR. L YKOS: You can suspend his permit pulling privileges. MR. JOSLIN: Then I'll amend it to say that. CHAIRMAN DICKSON: Okay. So suspension of permit pulling privileges. MR. JOSLIN: 30 days. CHAIRMAN DICKSON: For 30 days? MR. JOSLIN: Yes. CHAIRMAN DICKSON: $5,000 fine. Page 65 ,"~61 !,A3 September 17, 2008 MR. JOSLIN: Recommended to the state -- CHAIRMAN DICKSON: Recommend to the state. Investigative costs? MR. JOSLIN: And administrative costs. CHAIRMAN DICKSON: Of how much? MR. JOSLIN : We can't set those, can we? MR. NEALE: No, that has to be proven. CHAIRMAN DICKSON: To the state. MR. NEALE: You have to put evidence on them. The county would have the opportunity to put the evidence on -- MR. JOSLIN: The case be forwarded to the state board. CHAIRMAN DICKSON: Now, what happens after 30 days? MR. HERRIMAN: We allow him to pull permits again and he'll be on probation. MR. JOSLIN: And after the 30-day period, ifhe has not been found in violation of anything that we've set so far, that his permit privileges be put on probation for six months. MR. BOYD: One year. MR. HERRIMAN: Yeah, one year. MR. BOYD: One year. MR. JOSLIN: One year? MR. BOYD: One year. MR. JOSLIN: One year. CHAIRMAN DICKSON: Do you agree with this? MR. JOSLIN: I'll agree with it, yes. CHAIRMAN DICKSON: Have you got this? MR. JERULLE: Can I ask a question? CHAIRMAN DICKSON: Go ahead, Terry. MR. JERULLE: If that passes, lnay I ask what his recourse in the next 30 days is? I mean, he can appeal our decision? MR. JOSLIN: Yes. MR. NEALE: I-Ie can appeal the decision. First appeal is to -- is Page 66 16 i l1A3 September 17, 2008 a motion for rehearing in front of this board. MR. JERULLE: Which we won't meet for another -- MR. NEALE: Which will be heard in 30 days. MR. JERULLE: In 30 days. Okay. CHAIRMAN DICKSON: Okay. MR. OSSORIO: So what was that, Mr. Neale? I'm sorry, I didn't catch that. What was that last? MR. NEALE: Well, if he requests a -- if he appeals, the first line of appeal is a motion for rehearing with this board. That hearing would be heard at the -- that motion would be heard at the next board meeting, which is 30 days from now. MR. OSSORIO: Okay, thank you. CHAIRMAN DICKSON: So we want a 30-day suspension. After the 30 days, his permit pulling privileges will be reinstated. MR. JOSLIN: And placed on probation. CHAIRMAN DICKSON: Placed on probation. MR. JOSLIN: For a year. CHAIRMAN DICKSON: For one year. Probation meaning that he'll come back before this board; is that correct? MR. NEALE: The board can set the terms of the probation. What normally would be is he would operate under the supervision of staff. If they have any issues at that point, then it will be brought before the board for further review. CHAIRMAN LEFEBVRE: Or you can do revocation if there's a violation during that probation. MR. NEALE: You could if there's a violation during probation say that privileges are not suspended but they are revoked. CHAIRMAN DICKSON: What do you want? MR. JOSLIN: I'd like to see them suspended first and then revoked if there's any other actions taken by him. CHAIRMAN DICKSON: After 30 days. MR. JOSLIN: After 30 days. Page 67 ",!, k';l~ l 6 J f! j:.l.. : _ L~ ~# September 17, 2008 CHAIRMAN DICKSON: And fine and turn it over to the state. MR. JOSLIN: Yes. MR. HERRIMAN: I second that motion. CHAIRMAN DICKSON: Okay, now discussion. MR. JOSLIN: Is 30 days long enough? CHAIRMAN DICKSON: I don't know. MR. JERULLE: I think that 30 days sets a message -- sends a message. MR. JOSLIN: Sixty I think would hurt him too much. Not that I'm not concerned about being hurt, but I don't want to see the company have contracts out here somewhere else and can't pay the bills. But it sends the message. MR. JERULLE: Do we want to discriminate between the city and the county, since he has been pulling permits in the county and hasn't in the city? Do we want to specify one or the other, or do we want to include -- MR. L YKOS: I think you include the whole county. MR. JOSLIN: The motion includes the City of Marco, Naples and Collier. MR. BOYD: The motion includes -- MR. JOSLIN: All the jurisdictions. MR. JERULLE: Can he apply for the permits -- MR. L YKOS: So it will sting more -- CHAIRMAN DICKSON: Whoa, whoa, whoa, one at a time. MR. GUITE': Can he apply for permits and just not be issued until after the 30 days? CHAIRMAN DICKSON: Yeah, he could apply. MR. JOSLIN: Sure. CHAIRMAN DICKSON: They're just not going to be issued. MR. GUITE': Okay. CHAIRMAN DICKSON: They take five or six weeks. They'll be ready when he's clean. Page 68 16/ lA3 September 17, 2008 MR. JERULLE: Is that true, Michael, you can apply if you're -- MR. OSSORIO: I would say Mr. Dickson's correct. He can apply for a building permit, he just can't be issued a building permit. MR. JOSLIN: Now, that might not be correct. Maybe someone from the City of Naples can verity that. But I think you have to have a valid license active in order to begin the process of a permit. MR. OSSORIO: No, not necessarily. Typically -- and I can't speak to the City of Naples, I can speak to Collier County, that if you're inactive, we will let you apply for a building permit but you can't -- we can't issue it until you become active and current. MR. JOSLIN: I think we better check that close, because I'm pretty sure now they have rules that if your license is on hold you can't get inspections, you can't do anything. MR. OSSORIO: Oh, you're absolutely right. But you can't get inspections without having something issued. MR. JOSLIN: I'm not sure ifhe can be-- MR. NEALE: But, the thing is, this doesn't affect his license at all. CHAIRMAN DICKSON: This is not his license. MR. NEALE: His license is not on hold, his license is still active. All it does is affect his permit pulling privileges in Collier County, City of Naples and City of Marco Island. CHAIRMAN DICKSON: And it does not revoke any current permits. MR. NEALE: No. CHAIRMAN DICKSON: He can still get inspections on those. MR. JOSLIN: Okay. MR. L YKOS: Well, I don't like the fact that he can apply for permits. If it takes three weeks to get a permit, that makes this a one-week penalty. That's no good. MR. NEALE: Well, no, it does suspend his permit pulling privileges. Page 69 16' lA3 September 17, 2008 MR. L YKOS: For 30 days. But the point is, if it takes three weeks to get a permit, then it really becomes a one-week penalty. Because one week into the suspension he can go apply for a permit and the day the suspension's over he can pick up his permit ready for pick up. MR. JERULLE: That's -- you're correct, moving forward, you're correct. But he may have already applied for permits. Well -- CHAIRMAN DICKSON: There's gaps. MR. JERULLE: -- hopefully he's applied for permits that he will not be able to pick up in the next 30 days. MR. NEALE: He could have applications in process that he could not pick up because of this sanction. CHAIRMAN DICKSON: There's a 30-day gap there. More discussion? (No response.) CHAIRMAN DICKSON : Everyone clear on the motion? Yeah? (No response.) CHAIRMAN DICKSON: Okay, let's call it for a vote. All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. L YKOS: Aye. MR. JOSLIN: Aye. MR. BOYD: Aye. MR. HORN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. Opposed? (No response.) CHAIRMAN DICKSON: It's unanimous. Mr. McNeal, responding some more legalese here. R. Michael McNeal is the holder of record, License No. Pane 70 b 1~11A3 Sept~'t1e~ 17, 2008 ~ CGC-059099, the Board of County Commissioners of Collier County, Florida is the complainant in this matter. Number three, the board has jurisdiction -- I'm sorry, I skipped from one to three. The board has jurisdiction of the person of the respondent and that R. Michael McNeal was here, present at the hearing and was not represented by counsel at the hearing on this date, September 17th, 2008. Number four, all notices required by Collier County Ordinance No. 90-105 as amended have been properly issued and were personally delivered. Number five, the respondent acted in a manner that is in violation of Collier County ordinances and is the one who committed the act. Number six, that the allegations of fact as set forth in the administrative complaint as to 4.2.2, willfully violating applicable building codes or laws of the state, City of Collier County (sic) are found to be supported by the evidence presented at the hearing. Conclusion of law. Alleged and set forth in the administrative complaint as to the Count 4.2.2 are approved, adopted and incorporated herein. To wit: The respondent violated Section 4.2.2 of Collier County Ordinance No. 90-105, as amended, in the performance of a contracting business in Collier County by acting in violation set out in the administrative complaint with particularity. Order of the board: Based upon the foregoing findings of fact, conclusion of law, and pursuant to the authority granted in Chapter 489, Florida Statutes, and Collier County Ordinance No. 90-105 as amended by a vote of eight in favor and zero opposed, a majority of the board members present, the respondent has been found in violation as set out above. Further, it's hereby ordered by a vote of eight in favor and zero opposed, a majority of the board members present, that the following disciplinary sanction and related order are hereby inlposed upon the Page 71 16J 11\3 September 17, 2008 holder of Collier County contractor's -- or State License CGC-059099, to wit: That permit pulling privileges are suspended for 30 days from today for the next 30 days. Permit pulling privileges will be on probation for the next one year after that 30 days. And this will be turned to the state for their review and action. MR. NEALE: There needs to be the recommendation to the state. CHAIRMAN DICKSON: Recommendation to the state is a maximum fine and $1,000 investigative cost for this board. Okay, are you clear on what we've done? MR. McNEAL: Yes, sir. CHAIRMAN DICKSON: We were harsh. MR. McNEAL: Yes. CHAIRMAN DICKSON: We started to be harsher. MR. McNEAL: Yes. CHAIRMAN DICKSON: We're somewhere in the middle. But given the gravity of your business, we were quite serious. MR. McNEAL: I understand. CHAIRMAN DICKSON: Okay? So pass that on to your owner. Ifhe has Collier County cable, he can watch this tonight on television and see what happened. So they do a replay. So we wish you well, we hope you do go forward and there's no more trouble. MR. McNEAL: There will be none, and there would have been none without this reprimand. But I understand the situation. CHAIRMAN DICKSON: Okay. We wish you well. MR. McNEAL: Thank you, sir. CHAIRMAN DICKSON: Thank you. I'm going to push forward. I know that there's probably some wanting a break, but I don't see the next case. MR. OSSORIO: That's right, Mr. Chairman. The next case is 2008-14, Damian Sharp, has been dismissed. Page 72 161 1 A3 September 17, 2008 CHAIRMAN DICKSON: Been dismissed. So we get to talk to Sergio. Sergio, would you come up here. MR. GONZALEZ: Good morning, all. CHAIRMAN DICKSON: Good morning. MR. L YKOS: Morning, sir. CHAIRMAN DICKSON: You want to introduce Sergio? Gentlemen, thank you from the city. MR. MARIANNINO: You're welcome. Thank you. CHAIRMAN DICKSON: You want to introduce Sergio? MR. OSSORIO: I do. Mr. Sergio Gonzalez, MSIT. Sergio Gonzalez is well known in Miami. He is the Supervisor or the Regional Manager for the Department of Business & Professional Regulations. We work close with his office in Fort Myers. He's a 17 -year veteran of Miami-Dade Police Department in Miami. He has a Master's Degree. And I welcome him here to talk to the board. And if you could, discuss a little bit about what the State's doing, how the State's doing in their investigations and how does a local licensing board fit into the State Licensing Board versus complaints. MR. GONZALEZ: Okay. I don't know how many of you know exactly what DBPR is. And I'll give you just a little brief before I go into that. Because there are some misconceptions. DBPR is divided into several divisions. Our division is particularly that of regulation. That means that we actually investigate licensed and unlicensed claims of wrong-doings. The unlicensed part of course, we go after them in many ways, which actually is beneficial to the city as well as the county as well as us. The unlicensed, if they advertise, it's $1,000 automatically. There's no financial harm. Second, if we have a contract with an unlicensed individual that Page 73 16 / 1 AS September 17, 2008 no financial harm's been done, it's $2,500 off the bat. They can dispute the citation. However, that citation, if disputable, the fines can go from $5,000 to $10,000 if found guilty. Flat out. There's no ifs, ands or buts. Second of all, with the unlicensed person, we go ahead and submit it to the State Attorney's Office. We have had great success over the last two years in prosecuting a lot of the unlicensed people. Some have received a slap on the hand, but some others have received jail time and restitution to these individuals who they have taken monies from. One, I think it was about a year ago, had a gentleman that decided he was going to go ahead and pull some contracts, approximately 68 of them. At first it was determined -- somebody determined that it was a misdemeanor. Well, after we got ahold of it, we started looking at our administrative code and we started looking at the emergency executive orders that came out, and 10 and behold, they all became felonies. From 68 misdemeanors, they went to 68 felonies. And he was found guilty of all of them. So he's going to be in jail for I think a little while. So that's to give you that part of it. Now, the other part of it. As far as part of the Department of Business & Professional Regulations and those that we regulate, we regulate 19 licensees, 19 different types of licenses. Everything from a vet, construction, electrical, geologists, community association managers. All these are all within the purview of my office. My investigators are, as you can tell, are well rounded in these areas to be able to address these factors. How does the county come into play? The county assists us quite a lot, because they are literally the people that are out there for us. They can see and they a lot of times refer to us unlicensed activity that we go ahead and act up on. Collier County's very, very good about doing that. We have Page 74 16/1/A3 September 17, tb08 other counties that don't have the manpower, so they submit everybody to us, and we go after them via through advertisement or through actual contracts. You had talked about earlier with the owner/builder situation. The owner/builder situation is, as we were discussing earlier or I heard back and forth, is that ifhe's there, he's supervising. Ifhe's not there, he's not supervising. If the owner is not paying -- is paying this individual and he's pulling FICA and has Workers' Compensation, no problem. But ifhe's not, that automatically -- it's an assumption that this person has entered into a contract either verbal or in writing and is being paid on the side, and as such constitutes an unlicensed contract. So we take that into consideration. Now, with regards to going after the homeowner, it's not likely in certain aspects. But where it is very, very likely, and we have several cases that we're developing at this moment where a homeowner has decided he's going to go ahead and fix up his house, he pulls an owner/builder's permit. He puts his house up for sale within three weeks of getting the permit and he sells it within that time. We obviously will go after him the first time. And chances are they'll get a slap on the hand. We follow it through. Let's say as an example now he buys another place and he does the exact same thing. We again go back to the process, now we're going after him not just on the administrative part, now we're going to go after him criminally as well. The first time we'll give him the benefit of the doubt. Our office will obtain all the information. We compile it, we send it up to the board -- or actually we send it up to our attorney's office of general counsel who will review it and determine probable cause, at which time it's presented. We were talking about earlier as far -- or as I heard from Mr. Dickson about the process with the licensing board. And f.'om Mr. Page 75 '~r'f "R A '7 I !] cf t.\ I", fM L, :;;: . ". , ~f1, r~1'1/r --' ::).....;.. September 17, 2008 Ossorio, They have picked up speed on it. So they are bringing them faster and faster to probable cause. What helps determine a lot is our speed down here of getting it to them. To give you a general idea as to why some of these things are speeding up is our office, when I first took it over about two years ago, we had a little bit over 500 cases. That meant a little bit over in just the regulation part, not to count the farm labor and the child labor cases, which are separate. That meant that each one of my investigators had approximately 135 cases on their workload. This is extremely hard to get moving within the 180 days that we would like it to leave. Because that way, at 180 days that means it can get up to the board that much faster. That means it can be assessed probably cause and go in front of the board. What we have done now is we've been able to bring it down from the 500-odd caseload that we have to a very manageable approximately 88 cases in the office. That means that we can turn around these cases much faster and they're going up in front of the board. For example, this case will come into our office, we will get it, we will turn it around and try to turn it around within three to four months, it's gone. It's going up to the OGC, which will determine probable cause and immediately put it on the docket for the probable cause panel -- or the board. So as you can see, we're trying to speed things up to assist the counties and the citizens in getting their just desserts. And these violations to be heard immediately, or as closely as possible to immediacy. Can I answer any questions? CHAIRMAN DICKSON: You're still in Lee County? MR. GONZALEZ: Yes. I handle -- my office handles everything from Sarasota to Naples, l-lighlands County and into Highlands County. So we handle eight counties. I make sure that I -- I try, let's put it this way, to make it to as tnany counties as possible, Page 76 161 lA3 September 17, 2008 either to the building departments, either by phone or physically going there to meet with the building departments to keep our presence out. CHAIRMAN DICKSON: How are you doing -- I met Sergio a couple of years ago, and he's the best I've ever worked with. In fact, I recommend you get his card. I hope you brought enough. Good. But in my trade magazines, I see guys selling their licenses. All of you have got to be seeing it as well. I've been sending those up to him for the last couple of years, because it's always got an e-mail and a phone number for you to call. What have you been doing and what kind of success have you had with guys selling licenses? MR. GONZALEZ: A lot of times, believe it or not, they fess right up. They do. And we write them a $500 citation right off the bat. And then of course we keep them on an Excel spreadsheet where we check them as if anything comes in or we hear anything else or we see in a trade publication where his number's coming up, we're going to be calling him. Because the next one is no longer a citation, now it's a full investigation. And we will include the previous, because that's our foundation, if you want to call it, the precedent for continuing on. I'm sorry, I'm getting away from the microphone. I like to walk around a lot. This is like very restricting. But that's what we'll do. And that's what we are doing. We're passing it on -- anything that is given to me, that's sent to me via my e-mail or by fax is given over to my unlicensed activity person, if it's unlicensed. If it's licensed, I read it and I pass it on to one of my investigators for them to go ahead and issue a citation. Or if there is some gravity to it, then we'll go ahead and open an investigation against the individual. We actually look into all aspects of it to make sure that this person is being paid in a lot of those cases, the 1099 fonn, which is a no-no. Page 77 16 I 1 A 3 September 17, 2008 'I" It's either -- in order for a person to qualify -- just a little background. In order for a person to qualify a corporation, he has to be one of two things: He either has to be a member of the board or has to be an employee -- I mean, not of the board, of the corporation, or an employee. An employee is not a 1099. An employee means that they will pull everything, workers' comp., they will pull insurance, they will pull FICA, they will pull everything, and he gets a check from that company, not on a 1099. So I go out and I give a lot of presentations. And one of the presentations that I do always to contractors is that same thing. A 1099 is not, is not, an employee of a company. He's working as a subcontractor, and as such that company we'll go after. CHAIRMAN DICKSON: Thank you. Anybody else? MR. OSSORIO: Sergio, how is the State Recovery Fund doing? Do you know anything about that? MR. GONZALEZ: Not really. And they really -- to be honest with you, they say it's hands off for us. MR. JOSLIN: I'd like to ask a quick question. I guess maybe I shouldn't or not, but I'm going to ask anyway. MR. GONZALEZ: Go ahead. MR. JOSLIN: With our licensing board that sits here now, made up of these nine (sic) people on the board, we're always restricted when it comes to a state-certified contractor. Is there any reason of why that happens? Because the way I see it, after being on this board this many years, the same laws and rules apply in Collier County as they do in the State of Florida. So what makes us not be able to penalize or restrict a state-certified contractor just because he's a state-certified contractor? MR. GONZALEZ: And that's why you just said it. Because he's a state-certified contractor. Were it be a registrant, you have full Page 78 ,c, SeplrttJ i7:~08 authority over that individual. State statute is what mandates that. MR. JOSLIN: That's what mandates it. MR. GONZALEZ: Yes. And that's -- CHAIRMAN DICKSON: And there was a move to change that about -- how many years ago was it? MR. OSSORIO: Yeah, there was a House Bill a couple of years back. The CLOAF, Licensing Official Association sponsored the bill. And unfortunately we would try to get more jurisdiction with local boards but it was defeated before it even got to the full Senate due to the fact that unfortunately the lobbyists, the contractors association, the LAPUL (phonetic) Association -- I can give you the literature on it -- they actually stopped it before it even got to revoked. So we're talking about lobbyists. And unfortunately Sergio has really nothing to do with it. It's big business construction industry. And they like to home rule, have Tallahassee do all the work. MR. L YKOS: Mr. Gonzalez, if I could speak as a member of the Collier Building Industry Association, when we get a difficult market like this, a lot of our members complain about unlicensed activity and maybe people working outside of the restrictions of their license. And a lot of those complaints come to the officers of our association. And I'll call Michael and let him know when members get really vocal about some specific issue. It would be great if we could let our association know the kind of things that you are accomplishing. Is there a way that we could get a report or a quarterly letter or something that we can share with our members and see -- let them know that their officials at the county level and also at the state level and DBPR is doing its job? It may be great if we could give that information to our members. MR. GONZALEZ: We don't really have anything going out like that, but I would be more than glad to come in to any of your meetings and speak at your meetings. More than glad to. As a matter of fact, let tnejust, while we're doing this --let me Page 79 16 I: I, A -' September 17, 2008 pass out my card. Just so that I make sure that everybody gets one. MR. OSSORIO: Mr. Lykos, there is a monthly report from the state newsletter, and I'll forward that to you. And also, there is also a monthly Construction Industry Licensing Board findings and facts. And that's throughout the state. So you might get four or five pages of contractors who went in front of -- when you go to the construction licensing board, they're going to see I don't know how many, you know, people -- Mr. Dickson's probably been there before, I'm not sure. But you'll see 34 contractors go one after the other. And then they post that on a web page. I think Mr. Dickson's given that once before, and I get it probably once a month. And I'll make sure we forward that to you. MR. L YKOS: That would be great. MR. OSSORIO: And also, on the licensing level locally, we have monthly reports: How much money we generated, how many citations we issue, how many people renew, how many people have been canceled, how many fines. And that's on a monthly basis as well, so that's something I can bring to the board. I think we did do it a couple of times because the licensing board was interested, they want to see what we were doing on a monthly -- but we haven't done in awhile. Maybe I'll bring that back. MR. L YKOS: Ifwe can bring that to our members on a monthly basis, even a quarterly basis, I think it will make people feel a little bit better that the unfair competition is being controlled as best as we can. CHAIRMAN DICKSON: There is a newsletter. MR. JOSLIN: Isn't there something in the DBPR web page -- CHAIRMAN DICKSON: Yes. MR. JOSLIN: -- where it lists all the activity or unlicensed work or activities -- MR. NEALE: You can get the findings of fact on the web page. MR. JOSLIN: Sure. MR. GONZALEZ: You just put the person's information in and Page 80 I' 6 I · l"~ A: t/... .. September 17, 2008 you will receive all that information. Now, Mike was bringing up about the results of the board, the monthly board. If you all e-mail me, I'll make sure that I include you in my dispersal for that. I get them -- you know, I get them more or less at the same time that it's posted on the web. But if you don't have the time, at least you'll have it on your e-mail and you'll be able to read it. It's a Word document and I'll be able to give it to you with no problem. CHAIRMAN LEFEBVRE: And that's how I met Sergio, is he came to a Roofing Association meeting and spoke to us and that was the hot topic was unlicensed contractors. So yeah, you would enjoy having him. MR. GONZALEZ: We can assure you that if you give it -- if you send it to me, okay, be it -- let's say as an example you find someone out there that's doing unlicensed work or even if it's the signage on the vehicle is questionable, please send me a picture, the side of the van or the side of the truck, whatever it might be, a shot of the tag, and send it to us. I'll research it. Before I pass it on, I always look at all of it. I don't just pass it on. Because if I can address it right then and there, I will. If I find of course that there is some unlicensed activity, it immediately gets sent to my unlicensed person for them to look into it, acquire a case number. And if you do that, I will respond back to you. As a matter of fact, I'm going to make it a point that when anyone, anyone of you here or anyone that's in some of the conferences that I give provide me an e-mail and you send me something, I'm going to make it a point to show you the follow-up so that you know what is going on, at least either -- if it's unlicensed, I can give you a case number flat out. I can talk about those all day long. I fit's -- I'm sorry, an unlicensed. If it's a licensed, I'm pretty much tight-lipped about it. And you're not going to pull anything out of me. Aside from the fact that Page 81 161 lA3 September 17, 2008 yeah, I received it. Because that's the way it has to be, unfortunately. Or fortunately. Because we do owe fiduciary responsibility to all licensees in the State of Florida, with one exception. Only one. CHAIRMAN DICKSON: Attorneys. MR. NEALE: We're not regulated by them. MR. GONZALEZ: No, but we're trying to get them. MR. NEALE: I know, you keep trying. MR. GONZALEZ: Yeah, we keep trying, and hard. No, actually, believe it or not, it's community association managers. We can talk about them all day long. Statutorily we can talk about them all day long, which is rather nice. CHAIRMAN DICKSON: Their communities do anyway. MR. GONZALEZ: Anything else, gentlemen? (No response.) MR. L YKOS: Thank you for being here. We appreciate it. CHAIRMAN DICKSON: Thank you, sir. MR. GONZALEZ: It's been a pleasure. Thank you for having me. CHAIRMAN DICKSON: Appreciate it. I'm just glad to hear that the State's catching up like they are. Because where that came was remember after Hurricane Andrew in Miami -- you were a cop then. You probably got some stories from Andrew to te 11. MR. GONZALEZ: And then some. CHAIRMAN DICKSON: But I had to go before the board in Miami. It was -- they had the wrong name, but I still had to go over there. And the county board in Miami, Dade County at the time was 25 or 2,600 cases behind. While we handled three cases today but two of them were dismissed. Imagine that kind of number. And then the state was behind as well. So it's good they are catching up. Anybody else got anything else? MR. NEALE: One piece of housekeeping is the new form and Page 82 . L~ 1 .'.~!.'..l A. 3 ..... :..J , . September 17, 2008 format for the hearing order outline, you probably ought to adopt that as being part of the procedures of the board, if it's the board's pleasure. CHAIRMAN DICKSON: A lot better than what I've had to do in the past. It's called Hearing Procedures and Order Outline Form as submitted September 17th, 2008. I move that that become standard procedure for reading at the conclusion of all cases before this board. MR. JOSLIN: Second the motion. CHAIRMAN DICKSON: All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. L YKOS: Aye. MR. JOSLIN: Aye. MR. BOYD: Aye. MR. HORN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. MR. JERULLE: Can I get a copy of that? MR. JOSLIN: Yes, we should all have a copy of that. MR. NEALE: It will be in the minutes, because I gave it to the clerk, so she'll -- CHAIRMAN DICKSON: Oh, okay. Next meeting date is what? MR. GUITE': 15th. CHAIRMAN DICKSON: October 15th? MR. OSSORIO: Mr. Chairman, just to make sure you understand, it's going to be 609-610 Conference Room. It's not going to be in the Board of County Comrnissioners' chambers. It's down by I-Iorseshoe Drive, and it's at 10:30, not 9:00. CHAIRMAN DICKSON: Glad you said that. MR. JACKSON: That's October, Novelnber, December. MR. NEALE: All three months? Okay. Page 83 16 , if ^ 2 September 1 1; t5'0~ CHAIRMAN DICKSON: 10:30, October 15th. MR. L YKOS: Then we're back here after that? MR. OSSORIO: Yeah, January 1st. Now, the only thing is, is that I know that from past experience that the Chairman likes to take off November or December, because one's Thanksgiving, one's Christmas. So we'll talk about that next meeting. MR. L YKOS: Is that the Community Development building? MR. OSSORIO: Exactly, 609-610. CHAIRMAN DICKSON: Where we've met before. MR. OSSORIO: Where we've met before. MR. JOSLIN: Right next to the inspections office, just down the hall. CHAIRMAN DICKSON: Okay, motion to adjourn? MR. L YKOS: So moved, Lykos. MR. JOSLIN: Second. CHAIRMAN DICKSON: All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. L YKOS: Aye. MR. JOSLIN: Aye. MR. BOYD: Aye. MR. HORN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. Have a wonderful day. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :25 a.m. Page 84 16 I 1 A 3 September 1 7, 2008 COLLIER COUNTY CONTRACTOR LICENSING BOARD LES DICKSON, Chairman These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM Page 85 Fiala Halas Henning Coyle. tv- Board or County Commissioners Coletta ftL..-. # MINUTES OF TIlE MEE'llNG OF THE COLLIER COUNTY DEVEI'()PMEN1' SERVICI;:S ADVISORY C()MMJT'rEE RECEIVEo16' 1 A 4 JUL 2 2 2009 v/ I July 9, l008 Naples, Florida, July 9, 2008 LET rr BE REMEMBERED, that the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1 :00 P.M. in REGULAR SESSION in Conference Room #610 in the Collier County Community Development and Environmental Services Center, 2800 N,IIorseshoe Drive, Naples, Florida, with the following members present; CHAIRMAN: William Varian Charles Abbott (Absent) James Boughton Clay Brooker David Bryant (Absent) Laura Spurgeon DeJohn Dabs Disney (Excused) David Dunnavant (Excused) Marco [::spinar Blair Foley (Excused) George Hermanson (Excused) Reed Jarvi Thomas Masters (Excused) Robert Mulhcre Mario Valle ALSO PR[~SENT: Joe Schmit!, /\dministrator. CDES Judy Puig. ( ( DFS lstene:), Dlt\'C!Or. loning & land I kvclopmt"1l1 C:ltl1cl'im~ 1'. LDe ,vI & I I ( !kidi Misc, Corres: Date:Sld.l;<.::; ~L 11em #,jJQIL ~ ~ 1'1' 16ttA4 I July 9,2008 I. Call to Order The meeting was called to order at 1 :07 PM by Chairman William Varian. A quorum was established, H. Approval of Agenda illr. E~pinar mover! to approve tlte Agenda (IS amemied. Second by iUr. Valle. Carried ufUm;molls!y, 8-0. III. Approval of Minutes Clay Brooke/'askedfor clarijicatiOfl regarding Joe Schmitt's stll/ement 011 Page 4 referring to "25 liIlitJ." He ....tated the ~'elltence ....11OIIld read "25 PVDs ,.. since that was the subject of disclls.~ion. The Minutes will be amemJed to Te.f1ect tlte change. Mr. i1lfulllere moved to tlpprove the jlJ;/inutes of June 11, 20()8 lIS amended. Second by Illfr. Valle. Carried unanimously, 8-0. IV. Staff Announcements/llpdates A. CDES Update - ,Joe Schmitt Mr. Schmitt stated he did not have a report. He slated he was going to present an hxecutive Summary to the RCe recommending an extension of time t(,)1' some Site Development Plans that could expire under the current rules. lIe asked the Committee members to notify him If they knmv of an SDP that \vould qualify fIll an extension. The COllunittee's letter limiting LDe Amendments was presented to the Bee Bee but no fimnal action was taken. He \-vill request clarification from the Board during its July meeting He pointed out the [executive Summary also contained a request fl.)! a special cycle dedicated to Sign Ordinances because a recent Court case fbund that portions of the County's Sign Ordinance was unconstitutional. The Bee did approve the sale of several of the COUllty's trucks and the proceeds \vil1 he returned to Fund # II] B. Transportation DJ-vision Nick Casalanguida Nick C~lsalanguid~l stakd bids will be mailed next month l{if the Santa Barbara Extension project The l{lllowing projects arc nearing do:,;c (Hll: .. hnmok;llcc Road all three · Col <II lanmlod Oihvcl!Road ;)( to!' ! il i plan" Hee' 1611A4 July 9. 2008 "If 'rhcre was a discussion ofthc proposed lease of Alligator Alley and \-vhether or not CoHier County could reap any benefit from the excess tolls. It was pointed out the Florida Statutes directs the money to remain locally, but Governor has expressed his intention to funnel any monies from the lease to support schools. C. Public Utilities/Engineering Division Update - Phil Gramatges Mr. Gramatges stated the Bee approved the 2008 Master Plan on June 24. 200S. Ile is in the process of preparing the 2008 A UlR. n. Fire Review lJpdate -I(d Riley Ed Riley stated while activity levels are down, review times are excellent. His department lost the services of the individual who conducted the Fire- Sprinkler Reviews because he left to start his own company. V. Old Business A. Impact Fee Study -. Amy Patterson, Impact Fce Manager Ihe Committee noted there has been n reduction in the impact Fees !()f Water! Sewer based, in part. on the reduction in population and change of use. A question was asked if other Impact r'ees that are population-driven be examined to detem1ine if further reductions would be possible? Amy Patterson veri lied lhere are 12 Impacl Fees. She stated the methodology for for WateriSe\ver Impact Fees is different hom the methodology for the remaining Fees, In 2009, there will be a major review and update of all Impact Fees based on population and Levels of Service discussed in the AUIR. She stated the Be'C' has discretion regarding whether or not to adopt an increase. In the past. the Board had always adopted the maximum legal limit allowed, They may reduce fees or choose to do nothing. Parks!libraries. transportation and the ('minty jail are currently under study and will be reviewed fir;.,( for possible reduction of Fees, applicable Levels of Service will be the main driver concerning \vhctbcr or not \vil! change, .Joe Schmitt stated Impact Fees arc based on the demand tl.1f essential services. 'l'here vvas a discussion concerning "change of use" and the accepted Fees associated with original permitted uses of a particular building. /\my Patterson will return at the next meeting for further discussion, B. COA Administrative Pnlccdurcs .. Nick Casalanguida Nidi ('asalanguida stated the policy is being developed and he would present a dran to the CommiUee at thdr next meeting, ('. l}iscussion of Flnmlplain l\lanagt'fiH'l1t Conunith:ciBCC iVlceting Clay BnwlH'r stated the rCllS0tl he till' a to be (l concern ng an crnail \\hich he received (Jay Brooke)' \vas to Chairman Varian stakd Hood PI ('onnniUvc ('hainnan him to allend a ulceling dS a tcspons\... il DS!\( P !cHef to incltbi,lI1 01 lei Cf1gIJKlIS Oil [!I;' I" Pi\lt' j k :-;Uted ,.._W;",,""...... "'''''T'''~' " _~_."'.~_"."......."",...~_____~'" 161 1 AU#9 2008 j meeting \vas "hostile" and it was apparent the mernbers diJ not want him at their meeting even though they extended the invitation to attend. Reed .Jarvi stated it was possible the Board did not understand the intent of the letter \vas to include professional engineers. not necessarily DSAC members, on the FPMC. The Flood Plain Management Committee members stated they did not need additional help, so the Board did not appoint anyone. An email sent by Robert \Viley stated "D,S:,1("s pa.'it perlormance on discussing the FAiP has heen very poor and negative. " lIe \vas asked by the Committee to provide examples of this "negativity." He referred to a previous meeting during \\!hich the r:lood Plain Management topic was deferred to a later date. ('hairman Varian remembered the Agenda for that meeting was very full and the meeting had been running late. 'fhe FPMC's presentation was deferred in order to give it the amount of time needed to make a complete presentation, IV. Staff Announcements/IJpdates E. Discussion of Sunshine l..aw re: Email Correspondence - County Attorney Heidi Ashton-Cicko cautioned the Committee members to be careful \vith any communication among two or more members. An email transmission that is sent and is responded to by t\\/O individuals, or is sent through another individual-- such as Staff who is lIsed as an instrument t)f communication will create a violation of the Sunshine La\\is. She recommended that emails should not be sent between members of the Committee. She stated that, technically. a one-\-vay transmission is acceptable. If there is infi)rmation to he distributed to Committee members, the Staff liaison (Judy) can send the transmission. If the emai! is generated by Stan~ as opposed to heing t()fwarded to the members, it is acceptable. She clarified personal emails between the members that do not incorporate either County or land-use matters would not constitute a problem. D. LDC Amendment Uiscussion - Catherine Fabachcr, l..DC Manager Sus~m Istem~s, Land Development and Zoning Director, introduced !\!Iark White \,1/110 was hired by the County as a consultant to review the 1,1)(' process. rvrr. White gave a PowerPoint presentation regarding lhe approach used to make the Code easier to read, understand and use. The Non~confonnilics Section has been draltcd and will be mcludcd as a parI of an Adrninistralive manllal or handbook. lie slaled the substance of the Regulations is not is to determine how to strudun.' C is to make ng ('athCf'int,) on dc n nition -+1. Brooker \)m!lli 11 II \) \\' or" (iine I (jl un 61 lA4 .~ July 9, 2008 There was a discussion concerning the delinition of "merged lots" contained in Subparagraph C on Page 17. On page 27, line 40, it was noted the Ordinance was not specified. Which ()rdinance was being referenced loww was it the mnending Ordinance or the original OrdinullCc? It was suggested to specify the Ordinances and/or effectivc datc as referenced. On Page it was suggested changing 50% to 49~/(1 to he consistent with current FEMA standards. By consensus, the Non-conformities Section will be reviewed at the August meeting, BREAK: 2:55 PM RECONVENEl): 3:09 PM Catherine Fabachcr, LJ)C Manager, presented the results of the LDR Subcommittee meeting to the Committee members. LDe Section 1.04.04 Reduction of Required Site J)esign ct)uirements 4,02.27 Spcdfic D(~.\;ign Standards for the Immokalec Commercial Pro osed Ament/ment The existing LDe language does not provide a dear understanding of \vhat impacts are accept- able and can remain in place in the aller-Take condition. "rile language does not identify a dear process for reaching a mutually agreeable settle- ement and idemifying any ullO\vanccs or deviations whether due to the actual Take, or to mitigate or remedy the impacts of the Iah\ /\lIow for lity in requirements fin aeec feral ion/deceleration , turn lanes on segment cd ! SR Discussion · 3(d); Add "Taking or" bef()re "acquisition" in the fIrst sentt'nce · B. "Post Take Plan"; Add subparagraph (e) for legal description · 2(c): Add "Required' before "native vegetation" in first scntence Recommendatioll Not dbu..'us.w;d. Will he revl-tetl ami presented to lite 1.1)R S'ubcommittee at it5 next meeting. Remove the word '-do," add the words "or 440-leet; Approved by [JSA C (IS revised word f{lllO\ving the 'no!'" at end of,emcIH.c In no), remove t the ';entt'I1CC to 'shall he (Ol/.\isfcnf with' LDe Section 4.03.08 Facility and Service Improvement Requirements 4.07.02 .J Design Requirements (Page 1(3) 6.02.02 and 6.02.03 Transportation LOS Requirements 6.06.tB Street Lights t 0.02.02 Submittal I~equin:mcnts I I j Propo,'ied Amendment Scrivener's error to be Corrected Add language requiring all new roadways within a PUD to be maintain<:,'d by the developer, owners. IIOA. successors and/or To be consistent with Policy 5.1 of the Transportation Element of the GMP and Adopted Traffic Impact Study (TIS) Guidelines and Procedures use of the \vord "subdivision" is confusing. Nc\v Language clarilles that additionallighling is required for all developments, not just residential subdivisrons. A PUD i\1onitoring Report is to subm at the time a project is submitted fill' rCVle\v. Discunioll To remain consistent with the Ordinance listed in Right-of.. Way Handbook Item 6: . Remove "All"' . Add comma at end of sentence and phrase to read: ", unless otherlvise approved by the Board (~IC'()unty Commissioners. " It was suggested that all Amendments concerning "Level or Service" could be transferred into the Administrative Section of the Code of Laws (future process) nten! to add flexibility to achieve lighting requirements. Reed Jarvi questioned the number of lights required. .l( and ~\(h) are removed and remaining subparagraphs Hrc n.'-kttcrcd .. 161. 1'~4 July 9, 2008 Recommefll[utioll Approved Approved ApprOl'elJ Approved by D-S'A C, 7-" Yes "/1 .- "No" Reed Jan.! opposed Approved l~r f),SA ( '. 7-;j lYes ~~/l- H,rVO" Reed .larl'i OPIHJSed dJ;lngcd 10 @ . Add conmu nil It" and add 10.02.07 Submittal Requirements For Certificates of Puhlic :Facility Adequacy (page 113) To clarify language regarding when a Trame Count Waiver may be requested changed to "awner/agent" · Nc\v 3(a): Add phrase ,. except/hI' applications/hI' projects within DRls " at the end of the sentence · Fiscal & Operations Impact: end second sentence at lhe word "s!af?e, " . -,---_._'------'_.,-_. .. -.--.--..--......... Page 115: · tJnder (b)(iii): Change the word "entity" to "entities 16/ h 2068 Itlly ~f,~ .,.~ i .-.-- .. - .--~... ...-....-............-.....,... "-,....,,.,,~...~ Approved by DS'A C. 7-" res"IJ - "No" Reed .Iarvi opposed Clay Brooker movelJ to {IPpro..e the Transportatiol1Ameltdments as referenced above. with the exception (~fLDC Amemlment Number J.(J4.04. Second by ,Tame.f Boughton. lW'otiml carried. 7-"YesHll-"No." Reed .Iarvi opposed as noted. ~ 1.Dcse;:ii(}h~T Prop,ued Amendmell!~ ~~==~ Di<cussioll 3J)5.07 and ,10 require applicators of E.~lg 120: 3.05.08 I pesticides/herbicides in "" 1..g,(ii); Insert "Any person preserves, wetlands and who dlrect!.v supen'15'es up to ! Requirement littoral shelf planting 8 persons in the appliCl1fion oj' I for Removal areas (LSP Alto pesticides/herbicides in the I of Prohibited maintain certi ficalions chemical", ' I I Exotic hom the Deparlment of I V cgetation I Agriculture and , I Consumer Services 1'01 I these categories: the i Natural Areas Weed I . 1\lanagcmelll and the Aquatic Plant _!~agcJ.!.5l,~. ..1 NIanagcl~~!.1.!__._ W' _ 10.02.03 Suhmittal i for Silt.' Ikn'lopmcnt Plans 1'0 extend the SDP approval time limit from two years to three YCdf'; cdnstnrctiiHl no[ to exk'nd 11H: llll1\: limit l'n'll1 I}\ month<, In in 11101dl:. \\ phrase shal! WitI' alicr SUP Ii '.l'nii'nn: \vil 'It \,void " " , ' RL:muvn '" 101 Recommendation Robert it-llllltere que.\,tioned whether or not thi\' Amendment was neceSSlIfV as il duplicate... State Statute.... It wa,\ suggesfed to bring before the August [)SAC meeting when the auf/wI' could lw to /tpprol'ed as amended (Page 127) t 2.02.04 H. t Submittal Requirements for Plats (Page 131) 12.02.04 B.3.b Submittal Requirements for I))ats ! (Page 133) 12.02.05 Submittal Requirements For Improvement Plans begun. Audition of a possible (me-year extension of original approval may be granted by County Manager or designee. . 1'0 the requirement to show (he Preserve setback lines on tbe final plat. To allow additional extensions fl)r construction period, 'Io extensions of construction period l()r required improvements. 16/ f~a2:e 129: · The phnlse "upon written request" \'nlS removed. The sentence is to n~ad: "A single, J 2-monllt extension to complete constructioll may be granted. '.' Page 132: . In the first sentence: add (in parenthesisj "(or other setback lhai mighT be approved tlu'ough deviation by the Bee) " aHer the word "setback" -In the second sentence. remove "25-t()ot" and add "required" 1 ,All , July 9. 2008 App/'(wed Robert fHullfere moved to approve the Engineering Amemlmelfls us referenced above. with the exception (~lLDCAm(!lfllment Number 3.05.07 umI3.05'()8. \'econd by Neetl1wTi. Carried llftffJ1imou,(v. 8,.0. Catlwrinc Fabachec ('nt11mlltc'c m ,\ VI.: Slh: is Amendment! ,Lila and ckJ"lI1li LDC Sectioll 3.04.0t - 3.04.04 Species Specific Requirements, Penalties for Violation (Page 139) 161 1 A4 ~ Discussion -" Pae:e 153: In the second sentence, the phrase "of the ground" is changed to "fllltlle ground" Ilae:e 152: The capitalization is not consistent throughout, Le., .. Baltl E(lgle" and "Scrub Ja:v" Comment: Fiscal impacts are not dear. Pae:e 151: Comment: Section [ is not appropriate for this portion of the LDC. Pae:c 154: Some of the listed plants neeur so fre()uently they were to be eliminated, now the}' arc listed as "I~an~" and "Less Rare" Pae:e 144: Hi": It was suggested the spedfic date (09/01) should be removed and state "rnost reCet1t~F adopted by FFWCC" Comment: Remove n~fcrcrH~cs to "minor structures". (Previous) ('omment: \Vhat is the threshold for :\ cntenon IS needed, July 9, 2008 Recommendation To be re-wriften and brougllt back before tlte LDR Subcommittee al its next meeting ..---- PI'() osed Amendmellt Include criteria for protection of selected listed plants. Correct Scrivener's error in Section 3J)4.02 regarding lcttcri ng/numbcring. I LDe Section I . ___'_0_- 1.08.02, , 10.02.06, and 3.05.05 Criteria for Removal of Protected Vegeta tion (page 155) 3.05.07 AID Preservation Standards (Page 163) PropoJed Amemlme'!L_ Require a vegetation removal permit and provide determining criteria for rernoval of vegetation containing nests or cavity tress of proteded or listed animal species. Revise definition of "native vegetation.' in accordance with no'\" definition adopted hv the EAR-based GiviP .' mnendlnents and clardy how the ddinition is interpreted. 16 '~A 4 -- J 1 July 9. 2008 . Dl\CtI,ssioll Paec 157: tInder Vegetation, protected: Remove I,hrase "living or" preceding the word "dt'ad" Paec 160: . lJndcr 2, remove word "prindpar' (Previous note) Pag;c 159: . In the last sentence. add "and strue/ures " (Previous note) Page 160: . 2B: add "and/or" bef()re U.S. Fish and Wildlife Paec 164: . "A" - add the word .. UIl ilu'orporated" following the word Hall" Puec 165: . Hem 6: Re: "lcgnlly clelued" ~-needs to be defined. Comment: Item 7 docs not encourage re- development as phrased. COHunent: l'h:movc words "now ways" and "wildlife corridors" ( Previous 3 ve lwhitat means a c()nJm U!1 II Recommendatioll I To be re-written ami brought back I before LDR Subcommittee at its next meeting To be re-written amI brought back before the LDR Subcommittee at its next meeting \e 1611i~4 July'>, 2008 I i I I · "Major" now~ways I and "wildlife corridors" have not been defined. i . Page 169: remove I "wildlife corridors" . "Essential Services.' are I defincd as 1]'\118, Fire and l' poli~.e -- Comment: Why ._.~~,~l'.eclal treatment'? Bill t.orcnz, [)irector of Engineering & Environmental Services. stated the GMP contains a definition of "tlow \vays" which was adopted !{lr the Watershed Management Plan Interim Standards: "Contiguous lands having a continual preponderance of wetland or wet ftlcilitated plant species in a ground elevation through the major portion of a natural wetland flow way or slue way at least one-foot lower than the ground at tbe edge of thc natura.! wellaml now way or 31tH: ," Marco Espinar stated the "prior development order" contained in Item 7 on page 165 was still a problem, It was agreed. by consensus, the language should be reworded, It 'was decided by consensus that the (1~nvironmental Amendments would be brought before the LDR Subcommittee at its next meeting. VI. New Business A. Stonmvntcl'/Flood Hamage Prevention Ordinance - Rohert Wiley Robert Wiley staled the C'ounty's existing Ordinance was updated, as needed, to confimn to current l"f':Mi\ delinitions. Organizational responsibilities were restruclUred. The County Manager will appoint a Floodplain Administrator. He reviewed the draft of the Ordinance which was distributed to the Committee Members. By ClmsenSlIS. it was decided the Cummittee \\fill review the draft and clllaillheir questions and comments diredly to Rohert \\/iley. lie \-vill revise the draft f()r presentation to the Committee at the August meeting. B. Discussion n..: n'movnlof Bavid Bryant from DS;\{' ('hnirmall Varian David Bryant missed meetings Without offering any excuse or reasun II has nul responded 10 attempts to c\lInnel hinL Clay Brooker Ill'ln ;1 lell"r should he senllo tIed mail him that remove him memher ufil'~i\(', rm:m Variat! the, Il,ilson (Judy II) n lor his n..'\,c' ! r 16' 1 A ~y <) 20~ C. Approvals/Pre-Construction Meetings - Stan Chrzanowski/(;eorgc Hermanson There has been a problem with individuals not setting up pre-construction meetings. The approved drav,;ings are held by Rudy Moss until the pre-construction meeting. It was suggested to deter this topic to the August meeting. I). As-BuiltlRecord I>rawings - Reed .Jarvi Reed Jarvi stated he has heen instructed that ull of the sheets of a permit set must be submitted together in order to be considered as part of the record drawings. It would be particularly difficult to accomplish this if the project was "phased" lie asked Stan Chrzanowski to clarify. Stan Chrzanowski stated the complete set of sheets is important to make sure that all changes are incorporated. He stated the pages that are not part of the record drawings do not need to be signed and sealed. VII. Member Comments: A. Ilistribution of DSAC Member contact list Chairman Varian stated the dates of individual terms are listed. Clay Bt'ooker stated he cannot attend the August 6, 2008 meeting. DSAC Meeting nates: . August 6, 2008 at 1 :00 PM (time changed from 3:30 PM) . September 3, 2008 at 3:30 PM . Octoher 8, 2008 at 3:30 I~M (datc changed from October 1'1) There being no furthe.- husiness for the good of the County, the meeting was ad,journcd by order of the Chuimum at 5: 10 PM. Uf:VI1:LOPMENT SERVIC'ES ADVISORY C()MIVHTTEE \Villiam Varian. ('hainmm '{HlHllltkc un 0& I Fiala Halas Henning Coyle Coletta MINUT OF THE MEETING OF THE COLLIER COUNTY EAST OF 951 INFRASTRUCTURE AND SERVICES HORIZON STUDY PUBLIC PARTICIPATION MASTER PLAN COMMITTEE RECEIVED JUL 2 2 2009 16/1A~/ September 3, 2008 eoerd of County eommllslonera Naples, Florida, September 3, 2008 LET IT BE REMEMBERED that the Collier County East of 951 Infrastructure and Services Horizon Study Public Participation Master Plan Committee, in and tor the County of Collier, having conducted business herein, met on this date at 7:00 PM in REGULAR SESSION at the Collier County Agricultural Extension Office, 14700 Immokalee Road, with the following members present: Chairman: Bill McDaniel Vice Chair: Lillda Hartman David Farmer Thomas Jones Kenneth Lynch Timothy Nance Stephen Price (Absent) Russell Priddy Douglas Rankin Nlichae1 Ramsey Richard Rice (Excused) Christian Spilker Clarence Tcars (Absent) Mark Teaters Kris Van Lcngcn (Excused) AJ..JSO PRESENT: Michad Bosi, Community Planning Redevelopment Misc. Corres: Date: fBl ~~ 1 DC) Item #: llo IL l )A~) :;cpies to: IIIIBIdIiIJh. ._--~.- ~ -j 6 f11'~ 5 September 3,2008 l. The meeting was called to order by Chairman Bill McDaniel at 7:04 PM. The Pledge of Allegiance was recited. 2. Roll Call Michael Bosi called the roll and a quorum was established, 3. Approval of Agenda Linda lIartman moved to approve the Agenda. Second by Kemteth Lynch. Carried unanimously, 11-0. 4. Approval of Minutes Linda Hartman moved to approv~ the 1l1inutesfor the July 21,2008 Jlfeeting as suhmitted. Second hyDavid Farmer. Carried unanimously, J1-0. 5. Old Business A. Discussion of Screening Survey Table Results - Charles Mohlke Copies of the tables \vere distributed to all members. Charles MohJke reported: . Each table was accompanied by a zip code map to help ascertain the geographic areas described by the zip codes and reflected in the findings . Format and language were improved for easier reading . Explained how to read the tables and the median scores provided for each table . Asked Mike Bosi to distribute the conclusions electronically to the members prior to the next meeting 6. New Business A. llpdate of the Estates Bridge Study - Nick Casalanguida and Usa Koehler Nick Casalanguida stated tbe comments made at the meeting \vhcn he madc the initial presentation were carefully considered, especially the comments concerning the lack of coordination between variou.s departments within the County. Copies of the Bridge Study were distributed to the members. . A public meeting was held on July 2,2008: attendance\vas over 150 . 1500 postcards were mailed to propt.'I1y owners living on every dead-end street in the study area 1\1,.'0 weeks prior to the public meeting, and ads were placed in the .Vaples Dai~y IVeH's and the Collier Citizen as well as on the Transportation Department websitc. 'There was also an intervic\v on a 10<:al TV channel. . The study was broken down into two segments: evaluation and selection . Evaluation process was broken down into lour categories: o Emergency response (Fire, EMS, Sheriff and Forestry) o Mobility and evacuation (TranSpoltation c Servic:cEfliciency (School District, Parks, Public Utilities & Cypre,s Basin) c' Public Sentiment <Ill There is one appmvcd bridge location, which is part of the Boulevard Bndgc with expected in 20 10 ~- i""'" ..,.IlIel l.JI ~~ 161 lA5 September 3, 2008 . Key issues f(}r the public included emergency response times, better access and mobility, better access to schools, parks and public utilities . An added benefIt of building additional bridges is a potential decrease in homeowners' insurance. The Jnsural1ce Service Organization rating would decrease ifhomes are located within a 5-mile drive distance from a fire station . Public concerns: increased traffic 011 dead-end streets; cffect on propcliy values, and site-specific concerns . As a result of the public meeting and request by the EMS, a new bridge location was recommended and seven possible locations for additional bridges were identified including an emergency access bridge that would be restricted to emergency vehicles only Nick Casalanguida asked the Committee to review the Study and dctenninc whether or not they agreed on the locations suggested. Ouestions from Committee Members: A question lvas asked concerningfunding. Nick Casalanguida answered that application for Federal grant money has been made, He stated funding is available especially if Collier County can devise a plan to build the bridges in gruups which can be accomplished by the utilization of"pre-fab" sections. There are also "opportunity" bridges which could be funded by a combination of the School District and the County. When questioned about costs, he stated the cost to complete the Vanderbilt Beach Road Extension Project will bc approximately $190M, while widening Everglades Road to Oilwell Road and building a bridge will cost approximately $93M, He stated Fire/EMS suggested building a limited access blidge at 8th and 16th in order to improve response times. \VhiJe a limited ace,ess bridge could serve a need in an isolated area, the negative is that mobility I~lctor is lost if the public does not have access, A member questioned whether or not a true cross-section ~fpllhiic opinion could he obtained in just one public meeting alld suggested holding a second meeting. Lisa Koehler stated she received comments and phone calls for approximately one month after the July 2nd meeting. The puhlic could also comment via the '.vcbsitc. A member asked which was the must traffic trapped area. Nick CasaJanguida answered it is the area south of (:Yolden Gate Boulevard, ofT of Desoto and Everglades, He f'urth<.:r stakd a puhlic meeting will held in November to present tbe J -75 Interchange Justification ReporLfhc goal is to public support which is critical in obtaining Federal funding. Another memher questioned l\.helher the residents of the two neighborhoods ajJi'cted. ',i'lta are non, English M/ere encouraged to IJsa Koehler the 1,vere made to contact every homco\.vner Study area including use nfthe board, 16/,lA5 September 3, 2008 There being no further business for the goodofthe County, the meeting was adjourned by the order of the Chair at 8:55 PM. COLLIER COUNTY EAST OF 951 INFRASTRUCTURE AND SERVICES HORIZON STUDYPUB1. PARTlC1P MASTI::llPLANCOkE WiI These Minutes were approved by the Board/Committee on. '1- 'J... '1 -\) Y as presented _~ or as amended ~_._------- r'l Fiala ~.. ~. Halas Henning=- V / -= Coyle Coletta RECE'VED JUL 2 2 2009 161 ! V September 8~ 20J A 5 - Board of County commlaaloner8 MINUTES OF THE MEETING OF THE COLLIER COUNTY EAST OF 951 INFRASTR1JCTURE AND SERVICES HORIZON STUDY PUBLIC PARTICIPATION MASTER PLAN COMMITTEE Naples, Florida, September 8. 2008 LET IT BE REMEMBERED that the Collier County East of 951 Infrastructure and Services Horizon Study Public Participation Master Plan Committee, in and for the County of Collier, having conducted business herein, met on this date at 7;00 PM in REGULAR SESSION at the Collier County Agricultural Extension Office, 14700 Immokalee Road, with the following members present: Chairman: Bill McDaniel Vice Chair: Linda Hartman David Farmer Thomas Jones Kenneth Lynch Timothy Nance Stephen Price (Absent) Russell Priddy Douglas Rankin Michael Ramsey Richard Rice (Absent) Christian Spilker (Absent) Clarence Tears (Absent) Mark Teatcrs Kris Van Lengen ALS() PRI:SEN'f:Micbael l'\flan3gcr i, Community Planning Redevelopment Mise. Coires: Dale: Item #:.._ Copies Ii. 16 / 1 A 5 September g, 2008 1. The meeting was called to order by Chairman Bill McDaniel at 7:07PM. The Pledge of Allegiance wa'i recited. 2. Roll Call Michael Bosi called the roll and a quorum ,vas established. 3. Approval of Agenda Linda Hartman moved to approve the Agenda. SecOIld by KellnethLynch. Carried unanimolls(v. .9-0. (7: 1 () PM - Douglas Rankin arrived.) 4. Old Business A. Discussion of Screening Survey Table Results - Charles Mohlke Copies of the preliminary findings were distributed to. all members. Charles Mohlke reported: . The Preliminary Findings included eight additional pages of narrative that describes the respective tables which were included in the information distributed at last week's meeting . A comparati ve <mal ysis by Postal zip code area was also provided . Significant differences: Residents living south of Golden Gate Blvd. (34117) placed greater emphasis on north/south roads while residents living north of Golden Gate Blvd. (34120) were more c.oncerned ahout east/west roads A committee member stated the zip l:odc inf()m1ation was important as guidance and felt it should be included as a reference document. Mr. Mohlke staled the tables could be configured to compare each oftile zip code arcas. Another fonnat that could be utilized would group together areas with similar densities. Chairman McDaniel reminded the Committee members the purpose ofthe Committee was to obtain opinions from the Community as to their wants and needs for .growth and development in eastern Collier County Another member pointed out the Survey was a tool to help the Members make decisions and recommendations. J\Ir. Mohlke stated th(j infoffimtion presented in the zip code tables could also be broken down by precincts which arc based upon TrafIicAnalysis CT AZ"). it was suggested to note in the narrative that the capability for future Committees. 5. New. Business A. Review of Public Participation Pro('CSS dnft n:~port lllnd Commiuee action Cbairman McDaniel stated there '\vas a contradiction on 13 ofthe emal1 ~;cnt 10 the members regarding hnmokalee Overlay. - m~" l6, 1 A5 September 8, 2008 The statement: "A number of tire public expressed dissatisfaction with the idea, indicating that increased traffic would lead to increased commerce for the/ocal econom.'l." He suggested the sentence should be re-examined. There was a discussion of the long-range plans for Route 29 and how those plans would a.ffect commerce in downtown lmmokalee. The consensus was removing trucktraffic from the area would be beneficial to merchants and shoppers. He mentioned his suggestions made at the last meeting: creation of an Oversight Committee of 3 to 5 members; a Rural Lands Stewardship Review Committee [since it was felt that a "re-do" of the Rural FringeArea was needed], and a derivative of the Horizon Study Advisory Committee that would be allowed to deal with the Loop Road and other topics with speciticity. He stated these committees could be created by the Bee to further assist the Board in utilizing the information gathered by the Horizon Study Advisory Committee. He reminded the members their "charge" was to poll the public to ascct1ain the different levels of service the public felt were necessary and to interpret what was heard from the general public. TIle derivative committee would be site specific and would hold public meetings on the topics. Mike Bosi suggested reviewing each of the Position Points as the most appropriate way to dctcnninc which would be presented to the BCC. A committee member questioned whether or not the subject of cvacuation~was addressed in the Position Points and was referred to tIle statement of page 25: "The public. haS' expreS'sed a need for more consideration of emergency evacuation routes in future roadway planning. " Russell Priddy mOl-'ed to recommend that the Board of County Commi~~~'ioners app1'()1!e creation of three additiollal committees: an Oversight Committeefor the implementation of the Interactive Growth Model; a Review Committee for the Rural Fringe Overlayj and a Site-Spec(fic Committee of3 f(J 5 members. Second by Linda Hartman. There was discussion cOl1ceming the number of conunittee members and a suggestion was made to limit the size in order to operate more effectively. Also discussed \vas the lack of coordination of committees, {t1r example, the Rural Fringe and the Estates Master Plan. Chairman McDaniel pointed out the Interactive Growth Model would take into account all of the different Committees. Part of the responsibilities ofthe proposed Oversight Committee would be to make sure there is coordination. It was suggested the County "vas on the cusp of , 'doing sometlling very positive and productivc" regarding the Rural Fringe Overlay. The concern was that the formation of the Rcview Committee could possibly serve as adeterrent to the County. !\'Jike nasi stated property O\vners have contacted him with concern.s that the Rural Fringe not had the same attentIOn paid to it as other areas. -. -- --- .- b., ".,A 161 1A5 Septcmbcr 8,2008 RU,".wdl Priddy amended hi" motion to remove the recommendation for a Re.view Committee for the Rural Fringe Overlay and to rec01'llmend only the Oversight Committee amI the Site-Specific Committee to the BCe. Second by Linda Hartman. Carried unanimously, 10-0. It was suggested the Position Points should state they arc Community's opinions and sensibilities that the Committee has perceived during the course of its public hearings and are not necessarily endorsed by the Members as individuals. Re: Water It was suggested the title should be changed from "water" to "drinking water." Afler discussion, the Committee decided the title would remain as stated and accept the Position Point as written. Re: Transportation It was suggested a sentence should be added: "For future roads within the RuralI..and St(!l,vard~'hip Area Overlay, the rural cross-section should be the first cross-section considered for the road net'vvork. " The last sentence ofthe second paragraph was amended to read: "Sidewalks are not considered essential and lighting should be confined to major road intersections, schools amlpark locations. ., Under the third paragraph, the first sentence 'was amended to read: "Existing andfuture arterial and collector roads should have multiple-use pathways." The second sentence should read: "Pedestrian lanes on local roads are not the public's preference. " Russell Priddy moved to approve the (TrallsportatiOlI) Position Point as amended. Second by Linda Hartman. Carried unanimous{~', 10-0. Rc: Fh-c It was suggested to add anothc'f sentence: .. Utilize existing ra~'\! 'vvater supply mains for/ire suppression. i.e., place h.'r'drants on those carrying ,t'ater into the City 0/ l\laples. ." Public Comment: A member of the public opposed having hydrants along the way due to the potential for terrorists to lap into the "vater supply. Rlu;sell Priddy movefi to apjmwe the (Fire) Positioll Point as amended. Second by Ul1di; Hartman. Carried ummimous(J-', 10-0. Rc: EMS Lint/u llartnum moved to approve the Posifiml Paint us PridtJ.v. C'arried lO..f}. Second hy ,-..- 1i~~L~W IJtiiIh .l I!II 1,6 J ~ 1 A5 September 8. 2008 Re: Parks Douglas Rankin moved to include a Level of Service (Level 3 for Parks). Sec:ond by Linda Hartman. Carried unanimollsly, 10-0. (8: 10 PM Afark Teaters arrived,) Re: General The first and second paragraphs were accepted as written by consensus of the Committee. A suggestion was made to add the phrase, "and various area planned Committees" to the third paragraph, following the word "area." The point was to stress communication between the various committees. Another suggestion was made to add an additional sentence to read: "All Committees within the East of95] Study Area should communicate with one another. ,. There was a discussion concerning upgrading the current drainage system and whether it was economically feasible to do so. A suggestion was made that a Regional Surface Water Management Plan, promoted by the IUral cross-section, should be developed. After discussion, it was not supported. On page 25, add the following phrase, "on a regional basis and not on a site-specific basis" to the end of the third paragraph. In the rrmrth paragraph, change "infrastmchlre improvements" to "Interactive Growth Afode! and its maintemmce. " It "vas suggested to completely remove the last sentence and substitute, .. The Site- Spec(fic Committee lvill explore \l'herefuture land use and inf1.astructure improvements should be implemented lvith specificity after public meetings. n Rus:'t'eli Priddy moveil to approve the (G'eneral) Position Point us untended. ,~'ecoltd by Linda Htlrtman. Carried lmanblwus()r, 11-0. Rc: Final. Conclusions It 'vas suggested to add a sentence, "The Committee has been in existence during high and low growth cycles and had the advantage of that experience." Cbairrmm McDaniel asked Mike Bosi to modify the Position Points and versions to the Committee Iv1cmbcrs. He also requested the to the I and return tJ1eir to Mike. IIlWr IIIIIlIllllll.lli -"---;:,7 - IOll:llll" ,- 161 1A5 September 8, 2008 Chairman McDaniel further requested a quorum at the September 2Yu meeting and full Committee attendance at the presentation to the BCC on September 29th. (NOTE: No motion was made regarding acceptance of the Final Conclusions and 110 consensus was stated.) 6. Committee questions/comments - None 7. Public questions/comments - Nonc Next Meeting: Tbe next Committee meeting is scheduled for September 23,2008 at 7:00 PM. There being no furtber business for the good of the County, the meeting was adjourned by the order of the Chair at 8:55 PM. These :Ytinutes were approved by the Board/Committee on (is presented or as amended .~~.._.__ !1 w' _;~~li .I:ij""l Heritage Greens Community Development District 5726 Corporation Circle Ft. Myers, Florida 33905 161 1 B 1 Phone: (239) 694-3310 Fax: (239) 940-6045 July 20, 2009 I.." ..1'11..." ...11..1.1.1..11.111.11"111"" .....1" 1..1.1 BOARD OF COUNTY COMMISSIONERS 3301 TAMIAMI TRL E # 3301 NAPLES FL 34112-4961 RECEIVED JUL 2 3 2009 Board of County COmmis.')loners NOTICE Dear Property Owner, This Notice is issued pursuant to section 197,3632, Florida Statutes, and provides you with information about the Heritage Greens Community Development District ("District"), its assessments and upcoming public hearing. As you may know, the District is a special purpose unit of local government located in Collier County, Florida. The Heritage Greens Community Development District provides certain types of infrastructure and services for the lands within the District including your property. UpcominQ Public HearinQ The Board of Supervisors of the District will hold a public hearing on Monday, August 10, 2009, at 6:00 p.m. at the Heritage Greens Community Center, 2215 Heritage Greens Drive, Naples, Florida, The purpose of the public hearing will be to consider the adoption of the District's budget and levy the annual operating and maintenance assessments, The District imposes special assessments on your property, the purpose of which is to fund the District's general administrative and maintenance budget. The District is responsible for the operation and maintenance of various items which include roads, sidewalks, preserves, the canal, entry features, drainage and water management improvements, The budget is adopted each year after consideration by the Board of Supervisors and after a public hearing. This year the District, based upon an agreement with the Collier County Tax Collector, will be collecting the assessments for operations and maintenance on the Collier County property tax bill. This operation and maintenance assessment is not a new assessment, but the District is required by Florida law to notify each owner by mail of an intended increase in the assessment amount from the prior year. All benefited lands within the District pay these operating and maintenance assessments, including undeveloped and developed parcels. The unit of measurement for this assessment is on a per unit basis. At the public hearing set forth above, the District will consider levying an assessment for operation and maintenance against each unit in an amount not to exceed $236.70, This projected assessment amount is based upon the next fiscal year's anticipated budget. The assessment of $236.70 is an increase of $71.59 from last year the increase is necessary as the District has had to reassume many maintenance expenses previously funded by the Heritage Greens Master Association. The District expects that the residents will see a reduction in operating costs by the Master Association roughly equal to this increase in operating expenses by the District. Therefore the District increase should be offset by a reduction in dues charged by the Master Association. Your parcel has one (1) unit based on the District's assessment methodology. The assessment against each parcel is the total of the units in each parcel multiplied by the assessment per unit. Therefore, the proposed operation and maintenance assessment on your parcel will not exceed $236.70 for the year. The District expects to collect no more than $124,741.00 in gross revenue as a result of the operation and maintenance assessment against all parcels. At this public hearing, in connection with the adoption of the operation and maintenance assessment the Board will also consider adopting an assessment cap for notice purposes only in the amount of $236.70 per unit. The effect of adopting such a cap for notice purposes only simply means that the District will not provide mailed notice to you in the future of the annual operation and maintenance assessment amount provided it is less than or equal to the cap adopted, If in the future the District's proposed assessments exceed the adopted cap, mailed notice will be provided to all landowners within the Distric~ prior to the public hearing to the extent required by Florida law. The purpose of adopting an assessment cap for notice purpos~l~educ the costs to all landowners associated with providing mailed notice. 0It8: [fJ ;;).9 09 ltemt: l T t t r>:::p!es to 16 f 181 ... You have the right to appear at this public hearing and express any objections, suggestions or comments you may have. You may also file written objections within twenty days of the date of this Notice at the office of the District Manager, 5726 Corporation Circle, Ft. Myers, Florida 33905, Attention: Calvin Teague. By operation of law, the District's assessments each year constitute a lien against your property located within the District just as do each year's property taxes. It is important to pay your assessments because a failure to do so will cause a tax certificate to be issued against the property which may result in loss of title. If anyone chooses to appeal any decision of the Board with respect to any matter considered at the public hearing, such person will need a record of the proceedings and should accordingly ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which such appeal is based. The public hearing may be continued to a date and time certain that will be announced at the hearing, In accordance with the provisions of the Americans with Disabilities Act, any person requiring special accommodations at this hearing becau~e of a disability or physical impairment should contact the District's Manager at least seven (7) days prior to the date of the hearing, I hope this information is helpful. If you have any questions, please do not hesitate to contact my office. We look forward to your continued interest in the District. Sincerely, Heritage Greens Community Development District Carvin rr'eague District Manager .';.J.."S: , .,