All right, let's uh go ahead then and uh bring this proceeding to order. This is the Fort Myers Beach special magistrate hearing for Wednesday, October 1, 2025. And getting underway is scheduled a little after 9:00 a.m. by Zoom
teleconference. My name is John Van Lanningham, and I am the special magistrate for uh Fort Myers Beach, and I'll be conducting today's hearings. Uh and I see we've got uh a number of uh of new violation cases. So we'll get to those uh shortly. Before we do that, we
have a few preliminary matters to attend to. Um the first being the approval of the minutes uh from the September 2, 2025 uh hearing. Uh are there any objections to the approval of those minutes?
>> No, your honor. >> No, your honor. All right, hear no objections. We'll approve the minutes of September 2, 2025. Um, do we have any status updates
concerning compliance cases? >> Good morning, your honor. Again, my name is >> I got the message to turn the mic on. Uh, my name is Nancy Stup as you know and I am the town attorney for the town of Fort Meyer speech. >> I'm not hearing
>> Can you hear me? >> I'm sorry I can't hear you. Do you? >> Uh oh. Josh [Music] one more time. >> Does that one work? I'm >> not getting any audio right now. Your honor, can you hear this?
Can you all hear me? >> Yes, your honor. Yes. >> Okay. >> Yes. >> I'm still not Yeah, I'm still not hearing you. >> Okay. >> I have no sound. >> Can you hear me from this mic? >> Yes. >> Okay. >> I hear >> We're going to make some sitting
arrangements here for you, sir. Hold on. >> Okay. [Music] Can you hear me? >> Yes, very well. >> Okay, so we just switched out the mics. Um, again, very briefly, um, my name is Nancy Stupridge. I serve as the, um,
city attorney or excuse me, town attorney for the town of Fort Myers Beach. Um, your honor, we want to welcome you today. This is our brand new town hall and we finally have a permanent home and um this is where all our future hearings will be conducted um
going forward. So um we apologize for the little inconvenience regarding the mic, but we'll we'll get it fixed and we're very happy to be here. >> Yeah, the room looks great. >> Excuse me. >> Yeah, the room looks great from here. >> Yes. Yes. Thank you. Thank you. We've
worked hard and we're really happy that we're here. Um today before you we um Officer Yaza will give you a brief update on u I think one case as far as um it's moving towards compliance. The actual compliance hearing on that case
is not until October the 29th. Um following that we have um code officers present today. You have uh seven cases on your agenda for violations. several of which have come into compliance um
which officer Yazo will address with you as well. The only other um matter I just wanted to generally bring to your attention was as you are aware in all of our uh non-compliant structure cases that we have brought to
you, we always include an exhibit B uh that contains all the information and the correspondence that we've had with FEMA that brought to the attention of the town the fact that these um structures were non-compliant. Um the last letter in all of those cases
is dated July of 2025. There has been no additional um correspondence, written correspondence. However, there has been ongoing um communication with FEMA just generally speaking and Officer Yazo can
uh address any questions you have on the specific cases that are before you. And with that, I'd like to defer to officer Yazo. All right. >> Good morning, your honor. Thomas Yazo, Fort Myers Beach Service Director. I'm
also a code compliance uh director as well. Just a some record keeping here. We have one one case that you've heard before. It's 1341 138 Connecticut Street, Fort Myers Beach. It's the Beach Baptist Church.
As of this morning, they are still not in compliance. that paper will be sent across to you. They're back on the 29th for an update. >> Okay, >> just so you're aware. >> Moving on, uh, with some of the other
cases, I just want you to be aware of where we're at with FEMA. We were given a generous extension, uh, up to the 19th of of this month to let to try to get oursel into compliance. We've been working hard at that, and that's part of what these proceedings are about. So
this morning we have some good news. We have three separate cases which have come into compliance. The first would be the address on your file would be 7404 Sterile Boulevard. I can go through full testimony if you'd like or I can just give you the the update for the
affidavit of compliance. >> Just the update will be fine. >> Okay. So, as of yesterday morning, you will see that Leonardo Arms Beach Club 1 at the forementioned address is now in compliance. The affidavit of compliance was sent forward. We do have
representatives here today from uh from that uh community if you'd like to have hear from them. They can come up and go through what they've done so far. And then I can go through after you want to after you listen to them, we can go through where we're going to be as far as what we're asking uh for the order.
Sir, >> swearing in. >> All right, let's go ahead and bring them up then. >> Okay, we're going to have to do a swearing in if we could, please. Sir, if you come forward and present your name and ask to be sworn in by the clerk's office. >> My name is Fletcher McGarity with Claremont Property Company, the general contractor at Lovers Key Beach or
Leonardo Arms Beach Club 1. >> Let's go ahead. >> Go ahead. Do you want to do the swear? >> If you raise your right hand, please. Do you swear or affirm the testimony you'll give today will be the truth, the whole truth, and nothing but the truth? >> I do. >> Yes, sir.
>> Very good. And would you go ahead and state your name again for the record, please? >> Fletcher McGarity. >> All right. How do you spell your last name? >> M E G A R I T Y. >> All right, Mr. McGary, why don't you
proceed? We uh we had several containers on the property uh while undergoing uh property restoration from the hurricane. We have since come into compliance by removing all of those uh since elevator work and other work has uh completed. We
have no plans of further violating code enforcement on uh on this issue on the property. >> All right. Very good. And what is the town seeking at this time? I know you'll be filing the affidavit of compliance. >> Yes, sir. That should be in the hearing
exhibits as as we speak. That was sent over to you this morning. Uh so we're asking that you find the violation of sections 6-501 6S525 of the ASCE 24-14. Uh was a violation as of November 19th,
2024. Uh they have now come into compliance so we can pass through the requiring. We're asking that the court cost of $250 be imposed upon the respondent for the the non-timely respect to the code.
>> All right. Uh so we're only imposing cost at this time. >> Yes, sir. >> Mr. McGary, do you have any response? >> That is okay with us. >> All right. All right. So that's what we'll do then. will uh uh make the
finding a vi violation and we will impose the uh cost of prosecution in the amount of $250. >> Thank you. Thank you, your honor. >> So, the next case that we're going to be going on today, your honor, is
269 Driftwood Lane. It's a top group investment LLC is the owner. They've also come into compliance, your honor, with their conxes that were on file. I don't know if we have a representative today from Driftwood. It does not appear so, but again, your honor, they came into
compliance as of uh the the stuff was poured. It was about a week and a half ago is when they came through compliance. We sent the paperwork out to you. And again, your honor, we're asking that you find a violation for section 6-501, 6-525,
and ASC24-14 as of July 29th, 2025. And we're also asking for the court fee in the amount of $250 to cover costs. >> All right. So, it will be the same outcome that I'll find the violation uh
as charged. We'll impose prosecutorial cost in the amount of $250. and that should close out that one. >> Your honor, I just wanted to ask Mr. Yazo one question. Um, do you have documentation in the file regarding notice of today's hearing for this matter?
>> Yes, I do. It was sent through, your honor. >> Documentation regarding what now? >> The documentation that they were noticed properly that the hearing was happening today. They are out of country. They said they were try to have a representative, but they didn't know if they'd make that happen. But they knew
they were in compliance and I did advise them of what this we were going to be asking for with with the court. >> All right. They should be relatively pleased with the outcome. It's a good result. >> And your honor, the next case uh that we're going to bring forward is also a
compliance case and the address is 45501-4509 Bay Beach Lane. It's Royal Pelican Townhouse Condo. association. They've also come into compliance. Uh again, they were noticed properly as to the date of this and I don't believe we have
anybody in the audience from them today. No. Again, and they were properly noticed as to the as to the hearing, your honor. uh they've been made aware that they we respect the fact that they came into compliance, but that we'd also be asking for the same uh the same
violation sections with section 6-501 6-525 and ASCE24-14 and show that they were in violation as of January 6, 2025. And we're also asking for the court cost
in the amount of $250 to cover same. All right. >> So, the same outcome then I will make a final violation as to the uh as to the matters charged in the notice and we will uh impose prosecutorial cost in the amount of $250.
You close that one out as well. Yes, sir. Now, we come into uh cases that are not compliant at this time, but we do have representatives from um from all the people who are uh part of these. They're here to discuss their plans for moving forward. We've had some conversations with them prior to today.
They were all noticed properly to be here for today. So, I can go through full testimony again, your honor, um, as to what our issue are and then let all let the respondent respond to my testimony or we can have them come up first. It's up to you, sir.
>> Why don't we have which one we dealing with? >> So, now we're dealing with Moss Marina 4550 Harbor Court. just pull us up here. >> Yeah. I just want to see if you want us to finish.
>> And do we have anyone here for uh this owner? >> We do, your honor. >> Let's go ahead and bring up the the >> I know we have the burn. >> Good morning. What's your name? My name
is Gary Foco. I'm the general manager. >> If you could speak up just a bit. >> You got to speak right closer to the mic. Gary. >> Gary Foco. FOC last name. General manager of Moss Marina.
>> Okay. And before we hear from officer Yazo, um, are you all disputing the violations as charged in the notice? >> Am I I can't hear what he's saying. He's he's asking if you're disputing the charges of the violation out face.
>> No, I'm not disputing it. >> Okay. Um then let me ask officer Yaza if you could kind of give us a brief summary that give some context here and then we'll hear from Mr. Falco and decide what to do. >> All right, your honor. I'll go through
the first part of the testimony. Again, my name is Officer Thomas Yazo. I'm a code compliance officer and the emergency services director and compliance director for town Fort Myers Beach. As a director of emergency services compliance department, I'm responsible for the day-to-day operations of town of Fort Myers Beach code enforcement department. I supervised code manager and three code
compliance officers. I review all code enforcement cases with them and have access to all available code enforcement files. In addition to that, since July 2024, I've personally been involved with the town's efforts to come into compliance with the flood plane regulations identified by FEMA, which are incorporated into the town ordinances. I've been sworn in. will
provide testimony documentation regarding the violation in this case. During my testimony, I'll periodically refer to exhibits in the agenda materials and request these materials be admitted into evidence and included as part of the record of this case. We are working on CA code enforcement
case number 2025967. The subject property is located at 450 Bay Beach Court, Fort Myers Beach, Florida. On September 4th, 2024, we observed the shipping containers and a mobile office space on the subject property, which I determined to be non-compliant structures based on flood
plane regulations inclusive of design design codes required in the special flood hazard area defined in section 6-494 of the FMB code of ordinances. The subject property is located in the coastal VE zone as identified in the latest flood plane map and requires
structures to have a base flood level elevation of 13 ft + 1 which is 14t above sea level. I observed a non-compliant structure was not elevated and to the best of my knowledge did not have engineered plans for pilings infrastructure and breakaway. I then consulted with the floodplane uh
manager, Kelly Def. Federerictus, who confirmed to me that the shipping containers and the mobile offices on the subject property were not compliant based upon my observation the violation of 6-501 and 6-525 of the town code ordinances and the American Society of
Civil Engineers ASCE 24-14 which is incorporated by reference into the town codes. My review and consultation with with the flood plane manager is consistent with FEMA's determination contained in their letters of July 19th, 2024 and November 12th,
2024. I can go further, your honor, to go through the violation and time frames. We did all the photographs are in the agenda. The respondent is not contesting the violation. >> No, I think that's sufficient to give me
the background. I'll receive the uh the town's exhibits in evidence. Um and and let me ask Mr. is there anything that you wanted to ask officer Yazo or or any additional information you'd like to to provide? I understand you're not contesting the violation, >> right? Um I I just want to uh give a
background of what we've done so far. >> Sure. Go ahead. >> All right. Uh so all the ConX boxes have been removed um with the uh the the the construction trailer still um there. I
discussed with uh Tom and Tracy Rasi um to get uh um um a shoot. >> Your honor, they do have a plan moving forward. They're going to remove the mobile office trailers within the next
two weeks is my understanding. Correct. We're going to I just need the permit to go into the other houses because our our property got put into business district. >> So, >> and so we can we can move our our our plan is to move our our our operation
into the two houses that um that are on the property and get rid of the uh trailer. As soon as I receive that um permission to do so, um uh for via permit or whatever, it'll take me
probably 30 to 40 days to get everything completely off the property and the construction done to the houses to be uh to be workable. and and officer has that will bring the
property into compliance >> as soon as they remove the office trailers, your honor. That will bring the property fully into compliance. Right now, they're partially in compliance, which was noted with the affidavit of non-compliance uh in your agenda materials that they had removed all the conxes and they had a plan
forward to remove the office trailers. >> All right. Very good. What is the the town seeking for a compliance date? So I would go back to uh the compliance date that we're moving forward would be as soon as possible. Uh 30 to 40 days is
not going to work because we have deadlines that's coming up with FEMA. So we would ask them to be stressed uh a little bit farther than that. So I I go back to the two weeks. I know that might be a reach for them. Um, but we are going to do our best to to help them as best we can, but we do have to show our
compliance needs with uh our FEMA audit that we're working through right now. >> So, you're looking at a compliance date of say October the 15th. >> Uh, I would I would go as far as to go to October the 19th.
And I know that does pres present some challenges to people, but that's what we're asking um from the town. Again, your honor, it's at your pleasure. You can decide what's fair, fair, and reasonable for them, but with our uh audit in process, we have to show that
we are uh aggressively attempting to bring all these properties into compliance as soon as possible. >> Our next hearing date is the 29th, correct? >> Yes, sir. And what's the town seeking for a a a
pdeium or a daily fine >> in the event of non-compliance? >> Yeah, in the event of non-compliance, we would we would search for the 250 a day at your pleasure and we would also uh mostly ask for the court cost in amount
of $250. >> So, um Mr. Folk, here's what uh what I'm going to do. Um, the violation is not disputed. So, I'll make the finding of violation as to the charges that are set forth in the notice. I'm going to set the compliance date to October 19th,
which I realize, as Officer Yazo has indicated, is is pretty aggressive, but but, uh, I I do agree that for purposes of FEMA compliance, uh, the town needs to move aggressively on this. What I'll do is reserve the immediate imposition
of fines in the event of non-compliance by October 19th, but we'll review the status of this case on October 29th, which is our next hearing date, and we'll see where things are. Uh hopefully it'll be in compliance and and and we
can move there. If not, we can decide what to do moving forward, which could include the imposition of fines. Um uh but uh we'll see what's been done um by that point. Uh again uh I would urge you to move with you know all deliberate speed to get this uh resolved by the
19th. But we'll take another look at this on the 29th and uh and consider the issue of fines if if that's uh uh uh you know something that needs to be considered based on non-compliance. And as indicated at at some point before we
close the file we'll be imposing the cost of prosecution. uh of $250, but uh I think the immediate concern right now is to get the property in compliance. It sounds like you made good efforts in that respect and are moving towards that goal. Uh which is
always good to hear. Um let's try to keep the a little bit of the pressure on to get this done and hopefully get it all resolved. Um but uh I'll have you back on the 29th if uh if it hasn't been, you know, uh brought into compliance by that time. We'll decide
what to do from there. Uh, do you have any questions, Mr. Koko? >> Nope. >> No, sir. >> Good. >> Very good. Does Scott have anything further on this? >> No, we're good, your honor. >> All right. Very good. Well, thanks for coming in, Mr. FCO. Free to go.
>> All right, your honor. We're moving on to the next case. When you're ready, we're going to move on to uh Eststerero Bay Improvements Association Care Resort Management. It's the address of 4400-4530 Bay Beach Lane. And they also have representatives here today. Uh I'm going
to uh their their attorney for their association is here and we've also had some conversation with them and they understand that there was a violation, but I'll ask her to speak for herself if she could please. >> All right.
Good morning, your honor. Um, my name is Lisa Vanine. V is in Victor AN space DN. Um, one correction, Mr. Azam. Actually, I'm general counsel for London Bay Development Group. So, the Eststerero Bay Improvement Association owns the property, but we have a license
agreement with them to have a temp a sales trailer on the property. Um, >> so that is I'm sorry. I'm sorry to interrupt you, but I I didn't catch your last name. >> Van Dean. V an N space D I E N.
>> D I >> E N as in Nancy. >> Oh, Van Dean. Okay. >> Yes. >> All right. And you're the general counsel >> for the um occupant of the sales trailer. So, the Eststerero Bay
Improvement Association owns the real property. We have an agreement with them to use the property to have our sales trailer for sale of uh of condominium units and and a building down the road uh with them. >> So, all right.
>> Do you want me to continue on with our plan or do you want to >> Your honor, again, again, your honor, they uh we've had conversation. They're looking to come into compliance. Uh my understanding was very soon within the date that we've put forward already. Uh I can give the
basics and the background on the property your honor as I did before and move forward or we can allow them to give their plan. It's up to you sir. >> Uh why don't uh officer Yazo if you just give me a brief summary since it's time for dispute but kind of give me a little bit of context and then I can hear from
the respondent as to what their plan is. >> All right your honor. Uh again officer Thomas Yazo code compliance officer and emergency services compliance director for town Fort Myers Beach. Uh this is Fort Myers code enforcement case 20225876.
The subject property is located at 4400-4530 Bay Beach Lane, Fort Myers Beach 33931. On August 26, 2025, uh a mobile office structure was uh on the subject property
was determined to be non-compliant. Again, I went through uh proper process with section 6-494 of the FMB code of ordinances did discuss this with the flood plane manager. Uh she com she con uh
she agreed that it was outside the scope um concerning the letters of FEMA's termination for July 19th and 2024 and November 12th, 2024. I prepared the violation at that time. uh I took posting and photographs of it for August
26, 2025. They were given proper notice of the violation and proper uh proper uh notice for the hearing today. Uh we didn't we subsequently had conversation with the the lease uh on the property
and they understood that they were in violation at that time and they were going to come come into compliance, your honor. Okay. And the photos for all of this start on page nine of your documents, your honor. >> Okay.
>> So, I'll go ahead and I'll receive the uh the town's uh exhibits and evidence and let me go back then to respond and Miss Vanine or or your if you want to tell us uh what you all are doing. Yes. So, we we did uh file a request to
extend our occupancy um of the sales trailer and leave it as it is. It was denied yesterday. Uh I think right WY or maybe the day before yesterday. Um so given that we are making arrangements to have the trailer removed um we believe
we can do that by October 19th. Um the one issue I would like uh uh clarification from from the town is we do have a concrete facade and steps that require demolition. I don't think those are part of this uh hearing and that will take some extra time because we
have to hire a demolition company and I don't know if we have to have it permitted but that's just we do. So >> permits too. >> Yeah. So the demolition of the concrete facade may take extra time but the sales trailer which is the non-compliant structure we can have removed by October 19th.
>> The facade placed uh in placement to my best of my understanding is actually structurally sound. Uh I believe that will withstand storm. Um so I would have to refer back to the flood plane manager at some point when we come to permitting for the demo side of it. But I don't have a problem with that. I understand that that's going to take a little
longer. But the the office trailer itself is is the main issue. Okay. Yes. And that, like I said, we can we will have that removed by October 19th. I believe uh my colleague Wally Parker, who's a senior project uh manager with London Bay, has already started the
process this morning. >> All right. So, um uh again, I heard you say October the 19th. You believe you can have the trailer removed by that date? >> Yes, your honor. >> Okay. All right. And uh um officer Yazo,
if we set the compliance date to the 19th as in the previous case, that would be acceptable to the town. >> Yes, sir. >> All right. So, uh again, given that there isn't there isn't a a a dispute over the the violations alle shall make the finding a violation based on the
testimony, the evidence received, we'll go ahead and set the compliance date to October the 19th. Uh and as in the previous case, uh uh let's go ahead and set this for a status review on October the 29th. If compliance has not been achieved by the 19th, we can have the
respondent back in uh and u um you know get a a a status report as to where things are and decide what to do based on that. Um, I will I would uh uh prospectively set the uh daily fine at $250 per day in the event compliance is
not achieved, but uh I'm not going to I'll reserve, you know, any ruling on fines at this point uh and not make any further decision on that until the status review. If compliance is not achieved by the 19th, we can reassess that and decide whether or not fines would be appropriate at that time.
Again, depending on the circumstances, uh we'll be imposing the cost of prosecution in the amount of $250. Again, that will be assessed once we have the affidavit of compliant ready to close the file. Um do M Van, do you all
have any questions? >> I do have just one additional question as far as notice and correspondence because we're the occupant versus the property owner. Can we get added um for all notices going forward because it did take a little while to get make its way to us from the Eststero Bay Improvement Association. So yes ma'am we can talk
after >> before you leave we can get your basic information for you as well. So we we went through the tax assessor's office that's why yeah and and the EBI now knows to send it to us but it did take a little while to to make its way to us which is also part of the delay in responding. >> Very well. Thank you.
>> Okay. Thank you. And just before we uh finish this one up, does the town have anything else on on this matter? >> No, your honor. We're satisfied with the course of action as it stands. >> All right. Very good. Thanks for coming in, Miss Man. You all agree to go.
>> Thank you. Hurry, your honor. Moving forward, we're going to a uh property that's in our Times Square area. It's 1021 Astero Boulevard. It's the Bradford Joseph Benson Trust uh owns the property. There
is a business on the property, Buffalo Grill. We do have representatives from uh the ownership of the property and the business that's on the property today. Uh this is a little bit different than some of the others. uh it has some of the same uh FEMA liability to it, but
it's not that it's not a structure that has been there that's a a building or a rollout trailer or a ConX. This was a constructed bar that was put in space. Um at the time, we did have conversation. FEMA changed their uh
determination as to how that had to be removed. We did notify the business owner and the property owner via proper channels with due process. I can go through the beginning part of this for you, your honor, but we do have a representative here today, too, if he you'd like to meet them first before I
go through the basic process in the background. >> Yeah, let's go ahead and I'll bring up the respondents as well, so I I know he's here. >> Good morning, your honor. >> Good morning. >> My name is Fred Malone. M A L L O N E on the Buffalo Grill 1021 of Sterile
Boulevard. >> Okay. Malonus M A L L O N E. >> That's correct. >> Okay. Two L's. >> Correct. >> Okay. I just I'll ask you to speak up a little bit. That mic is a little less. Uh
>> is that better? I moved it up. >> That's much better. Much better. Um, and you are with the uh with the uh the tenant, I guess, the the uh the Buffalo Grill. >> That's correct. I'm the tenant. The owner is also here. Um, and I'll be speaking on his
>> behalf, but I'm the I'm the tenant on the property. That's correct. >> All right. And and we'll hear a little bit more about the the nature of the of the case here in just a moment. Uh, but before I get into the details of it, um, are you uh disputing the allegations in the notice of violation?
Not really. No. >> Okay. I mean, it's fine if you are. I'm not trying to >> Well, no. I mean, I'm going to be in compliance. It's the town kind of is handcuffed on this, so it's not really their fault. So So, no, I guess we're not disputing. >> Well, let me ask Officer Yas then to to give to give us kind of an overview. Uh
we probably don't need uh uh every small detail, but to kind of get an idea of what's going on here. It sounds like it's not in dispute. So, your honor, >> they start on page of 37. >> So, if you look on starting on page nine in your agenda materials, you'll see of
of 37, you'll see the uh photos of the non-compliance structure. And to be to be fair, when uh the subjects came and they started building stuff, they did reach out to us. We uh went by best information that we had with FEM at the
time. We gave them some guidance uh as to what they needed to do to have it off the island. That guidance from FEMA was uh it was changed in some respect as to what their determinations were. So, we did notify them through process and
they've been here today. They've already been in process of trying to come up with a with a way to fix this uh with the property owner and the business owner. So, they're they're working towards compliance. It's going to be uh something that's going to take a little bit of time, but we're still going to
have to hold to our October 19th date uh as far as making this happen cuz we have we don't really have a lot of options with that. And again, the structure was con was not a drop in. It was constructed on site, but he did try to make it modular. There's some issues
with the structure in its face with the fact that it's not quick disconnect uh plumbing. uh it's affixed in certain manners and to understand quick disconnect plumbing for any of these vehicles it means it has to be done with your hand only no tools can be allowed
so that's the FEMA regulation to that uh they've they've been working with us it has not been an adversarial uh issue with them for the most part where they come through we ask them what we need and they they've worked hard to try to come to that uh this was this process
was put in place because we needed to move it forward All right. And is the uh structure going to have to be removed or is it going to be possible to the >> You're your honor has to be removed fully from the property. >> Okay.
All right. And Mr. Malone, did did you have any questions or you want to add to this or anything you want to tell me? >> Um, well, yeah. I mean, Tom is correct. We we did follow their direction because That was the direction they were given.
Um, so we did everything according to the town direction. Everything is actually quick disconnect. I can disconnect everything with my hand, but we understand that the town is handcuffed on this. Um, so once we found out the new ruling and we were notified
that it was not compliant anymore, we immediately set up a meeting with the town manager, town staff, um, told them our plan. Then we decided, okay, this is what we're going to do to move forward. We emailed the town manager on the 26th.
We got a response saying, "What we're going to do, your honor, is basically replace that with a compliant structure, which is a trailer, which is under permitting right now." Um, we moved immediately cuz on the 26th, we got the okay. I have the invoice here. On the
29th, we purchased a new compliant structure that will replace our business. Um, and we were just told, I believe it was at the end of the next week, we should have it by this next week. So, the 19th would not really be
too farfetched for us to be in complete compliance with everything. >> Okay. All right. Um so uh what what we'll do then is first I'll receive the town's uh exhibit and
evidence and based on the the exhibits and the testimony I'll make a finding violation as to the charges and the notice. Again those charges are not in dispute. Uh, and as with the previous cases, I'll go ahead and set the compliance date to October the 19th,
um, with a status review on October the 29th to uh, to go forward in the event compliance is not achieved by the by the 19th. Uh, the uh, the daily fine for non-compliance would be $250 a day, but I'm going to withhold imposing that uh,
starting on the 20th until we've had the status review and can see what's happened. um uh I'll decide at that time whether or not fines should be imposed again depending on what's happened depending on the you know depending on the circumstances. So no immediate imposition of fines but uh we'll leave
that for another day. Uh um again depending on whether compliance is achieved or how much compliance has been achieved. Um so uh and and we'll be imposing the prosecutorial cost of $250 once we get the affidavit of the compliance. We're ready to close the
file. But uh but again, the immediate concern is getting the property back into compliance and um hopefully you can get that done by or around the 19th and things will be resolved before the 29th, but if not, we'll have you back in and we'll see what's what's going on at the
property at that time and decide what to do going forward from there. Um do you have any questions, Mr. Malone? >> No, your honor. Um my only question is I mean obviously we're we're totally all on board for being compliant. the you said there there would be a $250
fee. >> Well, I'm saying that that would be the PDM fine or the daily fine. >> Oh, okay. >> If the fine is imposed. >> Okay. >> Um I'm not imposing a fine right now. I'm just notifying you that that would be the fine on, you know, for consideration. >> Okay. >> It could start conceivably as early as
the 20th, but again, based on what I'm hearing, I I don't think that's likely. um particularly since you told me you might be able to get it done and you're certainly going to shoot for getting it done there. Uh my intention isn't to, you know, slap a fine on you if you if you're compliant on the 20th or 21st,
but I do need a deadline to keep this moving forward to keep, you know, to keep the the pressure on, so to speak, to make this >> and but we'll, you know, we'll see what's happened. Uh again, if uh if it's still not in compliance on the 29th, we'll have you back. We'll see what's
happened. And again, depending on the circumstances, I'll decide what to do. But uh um if I did impose a fine, it would it would be in that amount. I'm not saying that's going to happen. Just putting you on notice. >> Sure. Understood. >> And just to be clear, Mr. Mullen, there is a $250 admin fee. That's not
something we could pass by. That that's part of the procedures. >> That would be the only fee I wouldn't want to pay, but because it's not really their fault and it's not my fault. Can we build FEMA? >> Okay. >> Probably not. All right. Uh, does the town anything
else on this one? >> No, your honor. That's it. >> All right. Thank you for coming in, Mr. Malone. You're free to go. >> Thank you. Your honor, I have one more uh case on for today. Uh, this would be
Lemos Unlimited. I'm sure I'm butchering that, but I think it gave it best shot. Uh, 6875 Eststerero Boulevard. We do have representatives here again today for the same. This also is an office trailer which is a non-compliant structure on its face. Uh they have
showed up. We've had some conversation with them. They do have a plan uh in process to try to work something out. They understand some of the restrictions that we have. Um I would ask them to come forward if they could please. Need to be very clear when you define
your name please so he can write it down. Good morning. My name is Ruby Pati. P E S O T T I. I'm the owner at the property. Um, and also the owner of Interiors Unlimited, which is the
business operating off of that property. >> Okay. >> And just this is >> Limos Limos Unlimited. >> Yes, sir. L OS Unlimited LLC.
>> Got it. Got it. All right. And M Poseid, we'll we'll hear from Officer Yazo in just a moment. But before we do, uh, let me just ask you up front. Are you all disputing the allegations in the notes violation? >> To be honest, I'm not sure how to answer
that question. I think yes, I am disputing it because of Well, I'll explain more, but yes, I think I am disputing it. >> Okay, that's fine. Uh let me ask uh officer Yaz then to go ahead and let's go through the materials in the
exhibits. >> Yes sir. So good morning your honor. My name is officer Thomas Yazo. I'm a code compliance officer emergency services compliance director with town of Fort Myers Beach. As a director of emergency services compliance department. I am responsible for the day-to-day operation of the town of Fort Myers Beach code
enforcement department. I supervise a code manager and three compliance officers. I review all code cases with them and have access to all available uh enforcement files. So today I also have with me officer Marcio Chavez who completed the first notice of violation
at my direction. Uh I have the background on all of that. He is here to testify if you'd like to hear from him your honor but I can proceed forward with the case uh because I most I had moved him towards this notice of violation for the respondent. >> Yeah. Why don't you proceed?
>> Okay. So, we went through the uh in addition July 2024, I've personally been involved with town's efforts to come into compliance with floodplane regulations identified by FEMA, which are incorporated in the town of code of ordinances. I've been sworn in and will provide testimony and documentation regarding the violation of this case.
During my testimony, I will periodically refer to the exhibits in the agenda materials and request that these materials be admitted into evidence and included as part of the record of this case. This is Fort Myers Beach code enforcement case number 20250655. The subject property is located at 6875
Astero Boulevard, Fort Myers Beach, Florida 33931. On July 29th, 2025, I observed the mobile office structure on the subject property, which I determined to be non-compliant structure based on current flood plane regulations inclusive of
design codes required in the special hazard flood area as defined in section 6-494 of the FMB code of ordinances. The subject property is located in a coastal AE with a partial part of it in a VE
zone as identified in the latest flood plane map and requires a structure to have a base flood level elevation of 11 ft + 1 which is 12t above sea level. I observed the shipping well it's not a shipping container the office container was not elevated to the best of my
knowledge did not have engineered plans for pilings or infrastructure. I then consulted with the Fort Myers Beach flood plane manager Miss D. Federictus who confirmed me that the office uh structure on the subject property was non-compliant based on my observation
and a violation of section 6-501 and 65 6-525 of the town code of ordinance and the American Society of Civil Engineers 24-14 which is incorporated by reference to the town codes. My review and cons consultation is
consistent with FEMA's determination contained in these letters of July 19th, 2024 and November 12th, 2024. We prepared a notice of violation, search Lee County tax collector and property appraisers database records containing property owner information and further verified the owner is Limos Unlimited
LLC based on a deed found an official record of Lee County, Florida. I issued the notice of violation in a notice hearing July 30th, 2025 and sent a copy of by certified mail to return receipt to the address of record, specifically 7205
EO Boulevard, sweet 702 Fort Myers Beach, Florida 33931, and posted a copy of the notice of violation at subject property and at the town hall located at 6231 EO Boulevard, Fort Myers Beach. A copy of the notice was a violation and
the posting was evidence of ownership is labeled in exhibit C in your packet. Notice of the information about the case also displayed uh with here at the town hall. Took photographs which are also in your agenda materials your honor of the uh non-compliance structure and the
notice of violation and posting observed on 29 uh July 29, 2025. also within that se same exhibit C. There were accurate and unaltered copies of these photographs uh during my inspections on that time and officer uh Chevz's inspections as well. The
photographs show that the non-compliant structure located in a coastal ve-e zone is not elevated to the required uh feet above base flood level. In my notice, I gave Lemos Unlimited LLC until August 15, 2025 to remove the
non-compliant structure from the property or otherwise come into compliance with the town codes. We reinspected the property on August 26th and the subject was still not in compliance. It was in the same condition as previously observed. The property owner received a letter revoking
resending any possibility of temporary use permit. as a result of the property owner's failure to remove the shipping containers are or I'm sorry the office office space containers are to bring the subject property into compliance with section 6-501 and 6-525 of town town's
land development code as identified in the notice of violation. The property owner was provided a notice of today's code enforcement hearing with a date of notice and posting as shown in hearing exhibit A. In advance of today's hearing, I inspected the property yesterday, September 30th, 2025, and
took photographs of the non-compliant structure with which remains on the subject property in the same condition as I initially observed on July 29th, 2025. I'd like to add those photographs in the record and add them in the hearing exhibit D, which are in your in your agenda packets, your honor.
Your honor, I also have today our flood plane manager here for this property. Uh she can speak to uh to all the intricacies to the flood plane uh issues and regulations. >> All right, we'll bring up just one moment. Let me ask Miss Padi, did you
have any questions for officer Yazo before we bring the next witness? >> Um I think you guys can proceed and then I'll I'll speak after. >> You'll have to speak up just a bit. That mic's a little low. >> Sorry. No, I think that they can proceed and then I'll ask my questions and make
my statement afterwards. >> Okay. Well, I mean, if you had any questions for Officer Yazo, this would be the best time to ask them. >> Okay. Um, a couple of things. One, you noted that the condition was the same yesterday as it was 6 weeks ago, and we
did make efforts to we removed the deck that was around, which would have prevented it from being, you know, towed away in the event of a storm. So, I just want to make note that we did make that effort um to date. The other thing was I I think you mentioned that we received notice that we were be revoked from
applying for an extension on the trailer permit. >> It was it was a general letter across the across the town in 2024 that all temporary use permits were going to be revoked. >> Oh, okay. So, we didn't receive anything directly. >> Everybody Everybody who had a temporary use permit was told that they were being
revoked at that time. >> Okay. Just want to clarify that because I didn't recall seeing anything recently. So, I think that's it >> for the time. >> And to be very clear, your honor, uh she's correct. They did they did remove the front uh stairway space from the
unit, but it does not take away from the fact that the unit itself is non-compliant. >> Okay. Well, let's hear from the flood plane manager. Uh, good afternoon. Kelly DeFedicius, town of Fort Myers Beach Flood Plane Coordinator. >> Let me get you. Will you swear to Bruce?
I don't recall. >> Not today, >> but I have. >> You swear. Raise your right hand, please. Do you swear or affirm? The testimony you'll give will be the truth, the whole truth, and nothing but the truth. >> Yes, your honor. >> And would you state and spell your name for the record, please? >> Uh, Kelly ke L L I. Last name D E F is
in Frank. E D E R I C I S is in Sam. >> All right. Thank you. You may proceed. >> Okay. So really, I'm gonna just repeat everything that Tom had already disclosed. So I guess I'm up just up here to answer any questions of what maybe you want to dispute or why you
think it should be able to be left there. >> Okay. So if you have any questions with regard to that, go ahead. >> Sure. Um so we did propose, so we had a permit for our construction office. Um, your honor, just for a little background, we own a remodeling company
that has been operating on Fort Myers Beach since 1972. After her, >> Mr. Let me just stop you here just for a moment. >> This is fine. You're kind of testifying. I'm going to go ahead and swear you in. >> Okay. >> That's fine. I can kind of hear your, you know, your testimony as well as your
questions. But let's get it under oath if you would please. If you raise your hand, please. Do you swear or affirm that the testimony you'll give will be the truth, the whole truth, and nothing but the truth? I do, your honor. >> And would you state your name again for the record? >> Ruby Pati. >> I know you spelled it earlier. Go ahead.
You were >> sure >> asking a question. You were also telling me something about the background which is fine. You go ahead. >> Yeah. Um, so we used to have a brick and mortar location which we lost after Hurricane Ian. Uh, we immediately applied for the permit to place a temporary construction trailer to house
our seven employees so that they were not out of work. Um and also so that we could serve the local community in the rebuilding process. Uh we did have a permit for the placement of that trailer was permit number 2235000. Um
we just received notice on August 5th that we were not in compliance. Um I know many other people had received notices last year and previous to this. So, it was our understanding that since we never received violation until August
of this year that we were in compliance since our trailer is rated for hurricanes, it's fully insured. Um, so it was a bit of a surprise when we received the violation notice this August. Um, our new building, which is
on the property that our trailer is operating off of, is set to be open in December of this year. It will be our new showroom and office space. It currently is not ready for occupancy. It's still under construction or I would very very happily move out of the
trailer that I've been in for three years now and into the building. Um, we have a plan in place if there was an evacuation order. I've outlined that in my request to the town uh when I did the extension permit for the trailer. Uh, I
can go through that if you'd like me to. I'm not sure if it's you have a copy of that or not. A copy of what? >> Our plan for evacuation. >> I don't know if I do have that. Um, >> your honor, that your honor, that is not in your documents.
>> Let's just send the table materials. >> Okay. Sorry. >> Have a copy. >> I have one here. >> Yeah. >> Would you like to put that into the evidence? >> Sure. >> For the judge. >> Yeah. Do you need it? What? I don't know how that works. I can go over it as
well. >> Okay. your honor, that is part of their extension permit. Uh it has not been added into your agenda materials uh because it's a non-compliant structure on his face. So, we will have that sent over to you. So, you >> plan you have for evacuating the the
office trailer in the event of a hurricane. >> That's correct. It was my understanding um that we had three options to come into compliance. Number one, remove the structure. Two, raise above flood elevation. Or three, show the following. Um, and part of that was the evacuation
plan. So, I submitted that. Um, I guess you're getting a copy of that now. Um, you know, we we would, like I said, love to be out of the trailer and into our permanent space. It's unfortunately not the reality. Um, I think if we hadn't
had been hit by Hurricane Milton and Helen, we would have been right on track moving into the new building right about now. But, we got about a two-month setback from that. uh as it happened during construction and washed out our building site. Uh you know I I understand the position that the town is
in uh and that you know it's not to flood elevation which is why I'm putting forth the evacuation plan. You know we would be able to remove it safely and in a timely manner if there was an evacuation order.
>> All right. Let me ask um um our flood plane manager here. I understand compliance being achieved by removing the office trailer or possibly raising it above the base flood elevation. Is compliance via evacuation plan an
option? I don't recall hearing that before, but so I'd like to know more about that. So, with regard to the evacuation plans, those are set in place for um mobile ready trailers where you can just hitch it up to a small vehicle,
a small truck and take it off. That is a trailer and probably needs a semitr to remove it. I'm not a professional to know that, but it's not it cannot be moved with a light duty truck and that is what the requirement is for those types of temporary trailers.
If I may, your honor, >> go ahead. >> So, it's a leased um it's a leased trailer through a company called Mobile Modular. Uh it's a monthly lease and part of that lease agreement is that if they have 48 to 72 hours of notice, they will come and remove the trailer for us.
>> Yeah, it has to be disconnected within 4 hours. So, >> disconnected or removed. >> Just start the disconnection and everything needs to be done within the 4 hours and then removed off the island. So the 72 hours is it's not a timely fashion. >> So if it's a disconnect within four hours, that would be manageable.
>> And then you have it removed off the island in that amount of time. So yeah. So the 72 hours, >> what is the time frame for? >> I've never seen that stated anywhere. >> Yeah. So 72 hours is not a timely manner because that's usually when everybody is off the island by 72 hours and we're getting ready and preparing for the
storm. >> Yeah. I've never seen anywhere stated four hours. Is that >> that would that's just the guidelines from FEMA, but yeah, we can go ahead and get that sent over as well. >> Okay. >> It's in FEMA's publications. >> Yeah, I don't see anyone moving within
four hours of anything, but that's >> Well, they have they have the smaller trailers and so they're able to hitch them up to like a F350, a small light duty truck. So, they are disconnected by via hand. They don't need any machinery or any tools to disconnect them. So, yeah, they are. >> Okay. So we do as part of our business
fleet, we have three heavy duty vehicles that >> Well, light duty trucks. They're light duty trucks. That's the definition. So >> Okay. >> What's the Do you know offhand the FEMA regulation that speaks to that? >> I have for the definition of a light
duty truck or the requirements >> the requirements. So I do have um a documentation that gives description of exactly FEMA's requirements. It's just the white paper that they've written. I can send that over as well. But I do have that. Yes.
>> All right. And M Padi, did you have any other questions or did you want to give further testimony? Either one is fine. No, I mean really we're just asking for a little more time to get into our permanent structure so that we don't have to send, you know, the eight people
who are currently employed out of their home for the next three months. But, you know, I'm yeah, we we we're trying to do everything that we can, but it's, you know, a tricky situation. Um, you know, we've put as much thought into the
evacuation plan as possible. As I mentioned, our business fleet does have three vehicles that are able to tra pull that trailer if the company that we lease it from. If that doesn't meet the standard, um, so, you know, we have a good plan in place. I do feel like we
could carry it out. Uh, but it's ultimately up to you, I suppose. Um, you know, >> well, um, your goal is ultimately to have the trailer, office trailer removed
because you will in the end be moving into the permanent structure that's under construction. >> That's correct. Yeah, we've been under construction for um about a year and a half now and we are we are getting close to finishing. Uh, our projected move in
date is in December. All right. >> Um, okay. Did you have any other questions then for uh M. Deferis? >> I don't believe so. Thank you. >> Anything else you want to testify about?
>> Um, no. >> Okay. Does town have anything further? >> Yes, your honor. Um, we wanted to clarify because there's been reference made to several permits. Um, so the town would like to call one more witness,
Tracy Rasi. >> Okay, >> she is >> up here. >> Yeah, I believe she needs to be sworn in. >> Yeah. >> Yes. Good morning. >> Good morning. >> If you raise your right hand, please. Do you swear or affirm that the testimony you'll give will be the truth, the whole
truth, and nothing but the truth? >> Yes, your honor. >> And can you state your full name for us? >> It's Tracy T R A C I E Rasi R A S K I. >> Majesty coordinator. >> So your honor, I would just like to ask
Miss Rasky a few questions for clarification of um in the record um some reference that has been made to various permits. Um, Miss Rasky, what is your your title is uh special magistrate coordinator. Um, and what does that job
entail? What do you do? >> So, I submit all the documents. >> You have to speak into the mic. >> I submit all the documents for magistrate court and then I also go back and double check dates. I look at permits. I look at all documentation. Do
you uh on a daily basis work with the town's permitting software recordkeeping on permits? >> Yes, I do. I works. >> Okay. And there was testimony today regarding a permit number 2235000. >> That is correct.
>> Are you familiar with that permit? >> Yes. >> Could you please tell the court um the nature of that permit, what type of permit it is, and its current status? So, permit 2235000 was a temporary use permit that was
applied for and it was issued on November 26 of 2022. They asked for a year, so the permit ended on November 26 of 2023 and it was final. >> Are you familiar with um recent action
by the town of Fort Myers Beach Town Council to extend temporary placement permits? Are you familiar with that process? >> And is one of the requirements, what are the requirements for submission of an
extension? >> You have to have an active permit and the trailer must be road ready and be able to be pulled with a light duty truck. >> Okay. And just to clarify again, your your existing temporary placement permit
has to be active. Is that correct? >> That is correct. And um again, just to clarify your testimony, does the u property owner have an active permit at this time? >> No, she does not. >> And do you know if she applied for an
extension? >> I don't see one. That doesn't mean that there might not be one, but it hasn't been uploaded into the system. >> So, based on your uh experience and your knowledge of this extension program, would she be eligible for one?
>> No, she would not. Thank you. If there's questions, hold up if she has questions. >> Miss Pan, do you have any questions for Mr. Rasky? >> We did submit an extension permit. Um, and I spoke with the town manager who told me that it would be denied.
>> Anything else? >> No, your honor. >> No, your honor. >> Do you have any questions, Madi? >> No. >> Okay. Thank you. Thanks for coming in, Mr. Rasky. >> Your honor, with that testimony, uh, we would move forward again as we have in
past cases. Uh, Miss Pres, do you have any any more questions for me? >> I do not. Thank you. >> Thank you. So, again, we're moving forward based on sworn testimony, evidence that has been presented to you, including the exhibits in the agenda packet. Uh, the town is asking for an order finding a violation of section
6-501,6-525 and ASCE24-14 as of November 19th, 2024. Uh, we we would like to we would like to move forward this as we have in past uh past these cases. We would ask that the
ship container be or I'm sorry the office trailer be removed by the 19th of this month uh and they get that done within that time frame. We would also ask that there be imposed a fine of $250 per day. The violation remains in effect
past the order compliance again at your pleasure to be reasonable your honor and court costs in the amount of $250. >> Made any any response? I mean, I would like more time just so that I don't, you know, I don't have anywhere to send everyone for the next,
you know, couple months. If I could even get 60 days, maybe the building would be ready at that point where I could, you know, move people in while still setting up, you know, desks and displays and that type of thing prior to being ready to open for business. Uh, but at least I
wouldn't be sending people home. >> Um, all right. Uh, Miss Padi. Well, here's here's what I want to do. It's consistent with the the previous cases that we've heard today. I'll receive the the town's u exhibits in evidence and uh
based on the exhibits and the testimony, I'll make a finding a violation as to the uh charges set forth in the notice. Uh I'm going to set the compliance date as requested October 19th. Uh uh so
coming up fairly soon and I understand that that you want and need more time, but I do want to have a a an accelerated compliance date so that we can um uh make sure that the town is uh is
straight with FEMA. Um I don't want to start imposing fines immediately on October 20th um until I've heard again from you as to where things stand. Um I'm not entirely certain right now as to whether that evacuation plan you mentioned is a
viable path to compliance. Uh it sounds like the town is at least skeptical of that. Um I haven't studied the FEMA requirements and guidelines um or the particulars. So uh I'm not in
a position at the moment to say well that would that would bring me into compliance or not. I again I acknowledge the town does appear skeptical, but um uh if that were a means that you chose to come into compliance and the town
decided it was not compliant and there was a dispute, we could potentially take that issue up and look at it in greater detail. Obviously removing the the office trailer or elevating it would be other ways of coming into compliance that that that would probably do the do the trick, but compliance issues at
least at this juncture are are outside of the scope of my decision. I'm not deciding right now what achieves compliance. The town would decide if you're in compliance or not. Um so I don't know if that's that that plan is a viable option. I mean, again, I I would
have to look at that in greater detail, but I am going to set the case for a status review like the others on our next hearing date, October 29th, so I can see where things stand and reassess the question, among other things, of fines. Um, and uh and decide where to go
from there. Um, so I'm I'm withholding any immediate imposition of fines. If I did impose a predium fine, it would be at $250 a day. It could start as early as October 20th if you're not compliant by the 19th, but uh I I'm probably not
going to do that. I'd probably hear from you again on the 29th before making a decision what to do on that. But um I do want to try to keep this moving forward. I understand that puts a lot of pressure on you and it is difficult particularly with your
permanent structure and its completion coming into view. Um, but there are other factors, you know, at play here as well. And it's been out of compliance for a while. So, u again, we'll have a compliance date of October the 19th, status review on October the 29th to
consider uh the circumstances as they stand then if compliance has not been achieved before that date. Um, and I'll decide what to do going forward from there, which could involve the imposition of fines. At some point, when the property's in compliance and we get the affidavit, uh, and we close the
file, we'll be imposing cost of prosecution of $250. Uh, but, uh, that's another matter that will, uh, be finalized on a future date. Do you have any questions, Miss Pasad?
Uh, am I going to hear from the town whether our evacuation plan would be acceptable or is that already a decision that's been made? >> I mean, again, it sounds like the town is very skeptical about it. I don't know to what extent you presented it formally as a means of compliance and whether
it's been officially rejected. Um, all I'm saying is I'm not deciding right now whether that would achieve compliance or not. I think the town needs to make that decision in the first instance and if you're in dispute about it, it's something I could review in greater detail. Again, I haven't seen the FEMA requirements or at least I don't recall
them off hand. Uh and I haven't seen your plan yet either. Um, obviously I heard the same testimony that that everyone else did about the issue of whether it can be pulled off in time, you know, uh, the amount of time and whether it can be pulled off with the
kind of vehicle that uh, that might be required, you know, light duty versus, you know, something something heavier duty. >> Um, but again, I I don't have right now in front of me all the details about that. So, I can't say that that would
bring you into compliance. I can't say that it definitively would not. I can say that the town has expressed the likelihood that it would not bring you into compliance, but uh I I'm not deciding that right now. Does that make sense?
>> Yes. And your honor, and the uh uh with full fairness in mind, uh we will go through her plan again and we'll give her defined definitions with paperwork to support letting her understand the the
plan itself is deficient on its face because it needs a light duty truck. Uh there's timing issues, but we will fully go over that with the flood plane manager. The town manager again will have part of that process because ultimately his decision is the final for the extensions for any any permitting.
>> Okay. >> Very good. Anything else, Mr. Pani? >> That's all. Thank you. >> Does the town have >> on this one? >> I'm I'm sorry to say again, your honor. >> Does the town have anything else on this
one? >> No, your honor. We're happy with we're happy with moving forward with the conclusion where we're at uh with the proposed order. Uh I would say that's the end of our uh new litigation today. Uh we're ready to close down whenever you are, sir.
>> Do we have any other Nothing else to present today? >> No, sir. We're going to be moving forward some stuff on the 29th, which will also be a heavy calendar. >> All right. Um let me just look at the calendar here. We've got the 29th and
then is our next one after that um December 4th or do we have one in between? >> I'm just making sure my calendar is correct here. We've got October 29th. >> November uh what was it?
>> It's November 4th after the 29th. >> No, it's December. >> No, we have a November date as well, your honor. >> It will be November 5th. Let's see. We got October 29th. We have November 5th. Did you say?
>> Yes, your honor. Wednesday, November 5th. >> I think you're right. I'm see it there. >> And your honor, the Just a quick reminder, the uh 29th was set up as a special uh extra day for the month so we could move forward with non-compliance
structures as a whole um and hear other cases that are part of our FEMA audit. So, you're gonna that's why it's going to be a pretty heavy calendar. And that's not just non-compliant structures. That's also going to be work without permits. There's going to be an extensive uh plethora of different types of cases for that. >> Okay,
that's what All right. Got it. All right. Very good. Um then uh let's see before we adjourn if I could ask the town we've got we had three cases uh under the you new violation cases that were addressed at
the outset where they were in compliance. Um if if you all could uh submit to me proposed orders on those three um I'll I'll draft up from scratch the other four where there were uh
where where they were not in compliance. Um, and we heard those we heard those cases. But for the ones that were in compliance, if you could send me a proposed order, those are pretty straightforward and get those >> Yes, sir. The magistrate coordinators will get those squared away and sent out to you as soon as possible.
>> All right. Is there anything else we need to attend to? >> No, your >> That's it, your honor. Thank you. >> Thank you, your honor. No, we don't have any other items. We appreciate you and again we're happy to be in this new building.
>> Okay. All right. Well, thank you. I will see you on the 29th of October next and uh we're adjourned. Thanks a lot. See you next time.