That's what I'm looking forward to. Never heard of them. They're huge. Their genre is Yes. Really? It was like $1,600. Really? Good lord.
Yeah. The center Magistrate and uh we do have some new people here today. So, I'll go through the rules. Uh first of all, my name is Lonnie Groot. I'm the special magistrate. Uh we're going to have several hearings
today. They're obviously open to the public, but they're not public hearing. So, anybody hears from the public and wants to speak like in a normal city commission or whatever board type of meeting, that's not what happens. These cases are quasi
judicial. That means they're sort of like court proceedings in layman's terms. And the city prosecutes cases before the special magistrate against respondents who are
typically the property owners. And the city will present its case and if you're a respondent, you have the ability to cross-examine the city's witnesses. And then at the conclusion of the city's
case, the respondent has the same opportunity to present their case. And likewise, the city can cross-examine witnesses of the respondent. Okay. At the end of the proceeding, I'll make an oral decision. I'll spell out what the
decision is, what the if there's a violation or no violation, if there's a fine or no fine. And uh within a few days, The city staff and I are really good about getting the order out. Uh so there'll be a written order that
evidences what was decided here orally. Okay. Under Florida law, all testimony is given has to be given under oath. So um let's go ahead and take care of that right now. Anybody who plans on
testifying, speaking today, would you please stand up? So if you're going to on the case. Go ahead and stand up. No. Yes. Okay. Would you say your full name, please? Yes, sir. Uh Danielle Crawford. Brian
Palmer. Each of you saw the testimony about the given matter here. Truthful truth. Nothing but the stuff you got. I do. Thank you. Also with me today is Michael Bryan. Make with us today is Michael Bryan.
He's serving as clerk to these proceedings. And uh what I'm going to do right off is take care of an administrative matter, which is I'm going to approve the minutes of the February 12th, 2025 hearings and the March 12th,
2025 hearings. And let's go ahead and do this, too. Are these the rules you guys would the city would like to have adopted? Yes. Okay. And you're and you're satisfied
with them? I think I drafted the original draft. There was some edits and you're satisfied with these rules. Yes, sir. Yes. Okay. So, I'm going to adopt these rules as the rules of the city of Poco Beach special magistrate proceedings and you can publish them and distribute them as
appropriate. Okay. So, the first case on the docket, the agenda today is case number 23-338, uh, with the property owners being Kathy at Emerald Eerart and the property address being 225 Minute Way, excuse
me, Minute Man Causeway. Okay. You ready to proceed? Uh, yes. Okay. Um, so the respondent requested this hearing today uh to ask for a lean reduction. Um but before um Miss Emerald
speaks, I just wanted to um let the court know or the special magistrate know that um upon reviewing uh the the previous case from 2023 uh the orders were I have no proof that the orders
were ever uh sent to the respondents. So I do believe her her due process has been violated. So you just want that case dismissed then. Yes. Okay. Well
then this m ever hard. Yes. Could you stand up for just a second just and this is good for everybody to listen to. Is this being broadcast? Mhm. Okay. Yep. This is something that you don't see all the time. Okay. I want you to understand
that and I hope the city understands that the people in the city understand that because oftent times I I've worked with city governments since 1985 or city and county governments since 1985 and other governments before that legislators and state agencies and
the like. I'm not trying to give a speech here but but but government doesn't always admit when there's an issue and there's a mistake. You're seeing that today. Correct. Oh yes. and the government is
solving that issue towards a citizen state. Okay? I mean, there's other ways it could have gone. You could have tried to reconstruct the case and all sorts of things, you know. So, I just think that's that's not normal to see. It's the right thing to see, but it's not
normal to see. So, for what whatever these words are worth, you ought to appreciate the city's actions in this regard. All right. So, we'll issue an order of dismissal. Okay. Perfect. Thank you. Okay. All right. The next case is case number
24-95. The respondents are is Twisted Tides Care of Joseph Holstein, the business owner, and the address is 211 East Cocoa Beach Causeway. May proceed.
All right. Um, if Michael could hit the Sorry, you don't you don't have the Thank you, Brian. Okay. Um All right. So, uh first I'd like to
enter the the packet um for Twisted Tides. Essentially, it's just the the the notice of hearing, um notice of violation, um a previous citation, and then just uh confirmation
of delivery. Mr. Holing, no, not that I think I've said that three times. So, Mr. Holing is not appeared. Okay. So, you want to introduce the packet? Uh yes. But it's so introduced without objection.
If I get it to work, one second here. All right. Um, okay. I think we're having some technical difficulties with the PowerPoint. Yeah. Give me one second. Trying to get Yes, it's a new system. There you go. Yeah, we're we're
troubleshooting a little bit. I guess I can proceed while Oh, it's working. Okay. Bam. Awesome. Okay. So, this is case number 24-95. Um, the respondent is Twisted Side or Twisted Tides. Um, the
registered agent is Joseph Holstein. Um the address is 211 East Cocoa Beach Causeway. Um and this is in regard to um a business uh which is a restaurant. Um so in essence
um the the business owner applied for a BTR which is a business tax receipt for the business um back in April of 2024 and essentially uh has not completed that BTR process. Um there were several
issues along the way mostly related to uh utilities um which is why I sent a citation to the next slide. Sorry. Yep. Uh this is just an aerial view of the property from BCPAO.
uh some biz again just showing that uh Joseph Holstein is the RA. Um one of the violations was just a flag sign uh seen on uh many occasions outside of the restaurant which is a
violation of the code. There's another flag on another date and the uh Mr. Holstein is not here. So, the city is asking that uh the
respondent be ordered to um to comply with the notice of violation uh in essence which would be to complete the BTR process, correct the violations in relation to the utilities
violations and remove the flag Okay. On the the recommended fine though, I think what what you mean though is for the business tax, failure to pay the local business tax, you you want the
maximum penalty allowed by chapter 205, right? Which is the 250. Yes. And then for all the other violations, you want the day $100 a day um for the first day of non-compliance
after the after June 13th and $200 a day. Yes. Yeah. We're asking for 30 days for him to come into compliance before any fines start. Anything further? No. In case number 24-95, the respondent being Twisted
Tides Inc. U with registered agent being Joseph Holstein I guess business owner. I'm going to find a violation of the codes as alleged and with regard to the the fines for
failure to obtain pay the local business tax, there'll be the maximum statutory fine which is set forth in Florida statutes. And for the other violations,
uh prohibited signs to obtain permits and regulations relating to grease interceptor and discharge prevention. I won't go into section by section, but
they're all alleged in the and cited in the uh docket, the agenda. I'm going to find that the respondent shall have until June 13th of 2025 to come into compliance. And should the respondent
not come into compliance, the first day of non-compliance will result in a fine of $100. And each succeeding day of non-compliance will be a fine of $200 per day. That will be the order that we'll issue. Okay. Okay. Case number 24-143.
Kathleen Berman is the property owner and the address of the property is 123 Sunset Drive. Is Miss Berman here? Yes. Miss B. Okay. You don't plan on speaking though?
know if we were supposed to or not. Well, it's going to be I'll tell you what to you can listen to the evidence and then you can decide whether or not you want to speak. But okay, but you'll have the right to cross-examine even if you're not sworn as a witness. But okay.
Okay, you may proceed. Okay. Um I would like to enter the packet into evidence. This is just the notice of violation, notice of hearing. M Miss Berman, you don't have to be sworn to do this. What's going to be what's been offered in the evidence is the
PowerPoint presentation and these documents that are going to be submitted by the city. Do you have any objection to that? And you're Miss Burman though, right? Yes. We're having a I'm hearing it's like the mic. Okay. Should we come
closer? That that'd be good. And I'll get next to closer to the microphone. I tend to speak too loud, so I try to not be too close to my sit. Actually, when you leave, you want that.
So, the city is is going to intro is asking me to accept into evidence the PowerPoint presentation that they're about to present and some documents that they just handed to me. Do you have any objection to that? Okay. It's it'll all be admitted into evidence then. Okay,
perfect. All right. Um, so this is case 24-143 uh for the property address 123 Sunset Drive. Um, and the respondent is Kathleen Berman.
Um, so this case started um essentially back in March of 2023 um when the owner applied for a building permit. however, um for the roof, uh but that building permit expired uh
and the activities on the property uh exceeded the the scope of work that was permitted. Um so this included some electrical work and the removal of windows. So on April 10th really uh of this year is when we send an updated
notice of violation uh to the respondent um just asking that the the roof permits followed through on and that new permits uh for all of the additional work uh be obtained and um completed. as we found
uh during our inspections, the missing windows, the hanging wires, um a new crack in the foundation, um as well as a a swimming pool in unsanitary condition. Um right, go to the next one. This is an
aerial view of the property. These are some examples of the exterior of the home. Uh so there was some uh trash and debris on the property that was addressed after a courtesy notice was sent. Um some image of the roof and the
falling fence. Next. Next. Yep. Exterior of the property just missing some windows fence. And then these are images of the pool. All
right. Um, so if she wants to decide if I'm going to Yeah. Do you have anything further at this time? No. Uh, just a suggestion. Do you have any questions of the city, Mr. Well, that that Do you have anything
else to present besides No. Your test. That's all that's going to be presented. So, yes. Okay. No. No questions. No. Okay. You still You still don't You still don't plan on speaking? I think we should speak. That's your decision.
Yeah, she's right. I do have more. So, sorry. Oh, you do have more. Okay. Yeah. So, I have her building permit. So, she did um pull a building permit um as of May 6, 2025. And so, we're just waiting on one final approval before that building
permit is issued. And so, that was going to lead into what the city was requesting. I got it. Yeah. Um Okay. So, that and that's something that maybe all agreed upon. Okay. I got it. Okay. Okay.
So you don't have any objection to the building permit material. Okay. And this building permit addresses all of the remaining uh violations on the property. Okay. But there's an inspection that
needs to be accomplished before it can be issued. Uh just one more approval from the approval. Yep. Yep. It's just we're waiting for So you're going to say How much time you want to? Yes. Okay. Yep. Um, so the city is asking for uh 30
days for the the permit to be issued and after that they have six months to work through their permit. What if they don't? What if she doesn't? I didn't hear exactly what she said at that point about the 30 days. We have 30 days to
what I heard was that from the date of the order, you would have 30 days, Miss Burman would have 30 days to complete the building permit process and have the permit issued and then you're in the normal proc would be in the normal process where you have to have it
completed within six months or extended, right? Yes. Yeah. Yes. So but now that the what if the 30 days comes and not done what's the fine that you would like uh yeah so uh the daily
fine for working what would that at that time we would do a massie hearing and we would request fines at that point. Okay. So fine to be determined that hearing. Yes, sir.
Okay. What the city is saying is that if you were not to comply with the requirement to obtain the completion of the building permit process, there'd be another hearing scheduled at that time, it'd be determined whether or not that was true. And if it was proven to be true
that you hadn't finished the permitting process, a fine, a daily fine could be levied at that time. But right now the city's not asking for a fine which is indicates to me that they've been working with you which is
okay. Yes. To my understanding yesterday. Would you state your name too please? My name is Rene. I'm a long time. Okay. And you're today I got you. Yeah.
Anyway, that the process building permit as it stands, everything is in place with the exception of the order for the windows that the people did not include the um Florida whatever it means. What's
that correct term on the windows of Florida approved their impact windows stated right impact windows but it has something like 2 and and that company didn't include that. So that's what we
were waiting on right now for each of those windows that was ordered, the exact Florida approved number that matches that. And that's the only thing that's missing on the building. Well, the only thing I can say on that is make sure that the company comes through within 30 days. So you're there's not
more trouble. That's basically it because he's given a 30-day window here. Window opportunity, no pun intended, but Yeah. Okay. Okay. So, that'll be Is there anything else? No, nothing further. So,
the order that will be issued will be that the respondent complete the building permit process within 30 days. If it if that does not occur, that the a Massie hearing will be held to
determine if the violation continues and at that time a fine will be evaluated. Okay, that'll be the order that will be issued. All
right, the next case is case number 24-176. The property owner is FDK Inc. and the property address is 140 North Bard Avenue. Does anybody here can represent FDK
Inc.? FDK Inc. here. FDK Inc. here. I've called it three times. No one to answer. You may proceed. All right. Um, so this case is 24-176. Uh, sorry. FTK, Inc. is the
respondent. Uh, and this is for um a business referred to as Jonathan's Bar. Um, we can actually go to the next. Yeah, thank you. Um, essentially, uh, awnings were installed, um, on the exterior of the property
without building permits. So, we've been asking that the respondent apply for the BTR and go through the permitting process um, as required by the city. Um, we've
been working towards this goal since May of 2024. Um, and despite the respondent coming in multiple times to speak with various city staff, um, no permits have been pulled at this time. Oh, and I I do have a packet to
enter into evidence as well, just showing due process will be admitted. Um, so this is an aerial view of the property biz. Uh, just showing proof of ownership of the business. And then here are the the awnings in question. Um, so
if you go to the next slide, it's just more pictures of the awnings from different angles. So, the assertion is they haven't paid their local business tax and they haven't gotten a permit for the office. They did complete their uh BTR for their business. They did. Yeah, I was on the
not just the failure to obtain a permit. Yes. And what's the proposed penalty? Um Oh, there we go. Again, we're asking for 30 days for the respondent to come into compliance. um and that if they don't come into
compliance, uh we would request a fine at the Massie hearing. Okay. All right. Then in case number 24-176, I will issue an order that finds a violation of the provisions alleged by the city and that the
respondent will have 30 days to come into compliance. And if compliance is not obtained, a Massie hearing will be held to determine whether and the a fine is issued and if so the amount of the fine.
Okay. Next case is case number 25-46. The respondent is Mary Goldamp and the address is 1350 South Atlantic Avenue. Miss Goldamp. Miss Gold Camp. Miss Goldamp.
called it three times, her name three times, and there's been no response. You may proceed. Um, so this case is in uh this is for Mary Goldamp. Uh, case number 25-46. Um, the property address is 1350
South Atlantic A. And I would like to enter packet. It'll be admitted. Um, so a little uh history on this case as it's it's a little complicated. Um,
so on April 18th uh 2012, the respondent was found in violation at a at a code board hearing um of many of the same violations that we are here for today. Um this includes enumerated conditions
with um trash and debris over the property. Um structural issues uh a a bee infestation and um as a result uh the respondent was issued a $200 citation um
and the city had to abate the issues on the property which um incured a lean. Um the lean was satisfied uh a year later in 2015 or 2013. Um then again on July 30th uh 2020
the respondent uh appeared before the code board 20-22 oh I'm sorry they received a notice of violation again about enumerated conditions including trash and debris um and tall grass. the city
uh again abated the nuisance and the lean was satisfied uh two years later. Um so we're here today if you could go to the next slide. Could you go? Okay, thank you. Um, so we're here today as I
uh originally saw again enumerated conditions, trash and debris on the property as well as a red tag um on the the property. The tag uh stated that the property was unsafe
uh on April 1st, 2024 and nothing has happened uh 2020. I'm so sorry. April 1st, 2020. Um nothing has happened in the last five years to rectify uh the unsafe condition of the home which included a bee
infestation, structural issues. Um and in those five years, the enumerated conditions uh grew again on the property. Um so on April 10th, 2025, um I is there
be infestation still there? Yes. Is it one of those Is there a photo? Yes. Y um I saw another case like this at St. Cloud. That's why Yeah. Um so I sent a notice of violation. Um and I've been
speaking with the respondent over the phone, but there's been no action taken to rectify any of the violations. And then these are the repeated violations at the bottom. Um 10-5 accubilation and disposal, 10-22 enumerated conditions.
um IMPC 302.1 sanitation, IMPC 309.1 infestation. So these are the same violations from the 2012. So it's occupied still. It is not owner occupied. You saw the truck. Yes. Um so here is a a good picture of
the bees living in um the exposed exterior. That's the beehive. I'm color blind. So that strip of Yes. down the middle that That looks like little speckles. That's the bees. Yes, those are big bees.
So, there's the bees infestation. There's kind of a farther view of the the infestation and the um the structural issues with the home. You can kind of see some of the the enumerated conditions with the the trash and debris
um blocking means of egress. And this is the way it looks now. Yes, we'll have updated photos as well. Um, if you go to the next slide, it'll up close view of the the tag from April 1st,
2020. Again, some exterior structural issues. Um, overgrown grass and weeds. Um, that is an image of some large items in the front yard like a That's the front yard. Yes. Uh, that's a
toilet. Can I go Can you go back? Never mind. I see. Yeah. The neighbor I see I can see what I wanted to see photo either the one prior to this or the one after the neighborhood is an okay neighborhood, right? I mean, yes. It's along um South Atlantic. So, that looks
like a relatively nice house next door. Yes. Yep. And this is Okay. Um, just more debris. We could go to the next. Didn't mean any offense to the neighborhood. Just looks like the houses were nice houses.
Um so just a pile of cinder blocks. Um like a desk or a bookcase in the front yard. So this is leading to the backyard. Um so again, just overgrown everything. So what what date are these
photos? So these are from April 10th. These are the newer photos. These are the newer ones. Yes. So, nothing much has No, nothing has changed. Um, just got a lot of growth. Correct. And these images were taken from a neighboring property. Um, this is the the state of
the the backyard. Just a lot of trash and debris, overgrown on this. Can you Where are the bees in this photo? Hidden in that growth. Um, so I don't know if there are any bee infestation in the in the back of the property. Okay. Yeah, I've only in the
front. Um it's hard to tell the back and the front. Yeah. So that's just the the exterior structure. Okay. With holes. Um that's a boat. Yes. Boats, cinder
blocks, a lot of like a big pile of chairs, umbrella. Um to the left there's like a a large pile of cans, both rusted and new. The property representative isn't here. So what the city is asking for is that
the immediately that the respondent be asked to comply um with the notice of violation and this is due to the repeated nature of the violations. that this this this is your request. Yes. It's obvious it needs to be immediately addressed.
What fine do you suggest? I don't know if we've settled on a daily fine amount. I might refer to Well, I'll tell you what I would order unless you give me some other reason not to. Okay. Yes. I'd like a day. what I was
thinking. Okay. Yeah, because this is this is a grave concern and where are the bees again? I mean I I mean the cinder blocks and stuff that that's vermin snakes, all
that kind of stuff. Yes. But I'd like to see just out of my curiosity. Of course. So the the beast the situation in St. Cloud was a very long on the back a with a a nest was like 4 feet.
So the hanging from a the roof of the back porch. So if somebody would have knocked into it, they would have been the child would have knocked into it. It would not have been a pleasant situation. So, and that's part of our concern because the
respondent is still getting mail delivered here on a regular basis and she comes to retrieve the mail and the bees are right by the front door. Okay. Right by the front door. Yep. Is this the front? Yes. This is See, I'm call Where are the bees? So, the bees are
they're behind um trees on the left side. On the left side. Yeah. So, they're left to the the front door. And if you back up Okay. Yeah. Okay. So, is there anything else on this? No, nothing further.
So, in case number 24-46, Mary Gold Camp property owner address 1350 South Atlantic Avenue. I will find that there's a violation of all these sections of the code as alleged by the city that the property owner
will be required to come into comply immediately upon the order being signed. And how will you plan on delivering it? She picks up her mail daily. You going to do it by mail or posting or? Yes, I'll do mail and posting. Okay. Yeah,
she she receives the mail. I'm going to put in the order that it also be posted. Okay. Okay. and uh that should the respondent not comply with the immediate cure of the violations and the unsafe conditions on the
site that a fine of $250 per day will be imposed for each and every day of non-compliance. Is there anything further on that case? That would be the order that we Okay. Is there anything else that the
city would like to have heard today? No. All right. Then we stand adjourned. Thank you.