Code Enforcement Hearing - public_hearing

Thursday, August 28, 2025

About this meeting

Government Body
Code Enforcement Hearing
Meeting Type
Code Enforcement Hearing
Location
North Port, FL
Meeting Date
August 28, 2025

Transcript

333 sections (from 355 segments)

0:00 – 0:23Speaker 1

And you know what? This person though is gonna be here. So someone filled out a public comment card because that's gonna be, like, the first thing on this next agenda. That's when you're gonna have your public comment. You'll have three minutes to say whatever you wanna say.

0:26Speaker 2

Okay. She's ready.

0:27 – 1:02Speaker 1

Alright. So now we're gonna call this the second agenda that was also scheduled for 9AM. It is now 11:11AM. And once again, I'm gonna call to order this meeting. We have we've already said the pledge of allegiance. But for public comment, we do have one public comment card, and it is Michael Arneson, I believe. They'll come to this podium right here. And you have three minutes to say whatever you wanna say.

1:02 – 1:46Speaker 3

Okay. Well, your honor, the reason I'm up here is I I got the this violation, you know, because the trailer was on the boulevard. I told the man I was gonna put it up in the in in my yard because it was being sold. Two days later, find me again. Right? So now I'm here in court, and he says I'm in compliance. Well, I went down my street last night, and I took some pictures if you if I could possibly show them to you. Right? There's a 34 foot travel trailer parked in the front yard right down the road from my house that has a hole in the in the ground where the crap is going. But I had a pop up trailer sitting on my in front of my house for two days, and I got a fine.

1:46 – 2:09Speaker 3

That that trailer has been like that since hurricane Ian. And I got four more pictures where vehicles are just driving up into their yards, not using their driveway. They're you know? And they're parking wherever they want. There's a there's a man down the road who's got his work trailer parked sideways in his front yard, not attached to any trucks, but he's not fine. I don't understand why I was singled out.

2:11Speaker 1

Okay. I mean, I I can't answer that question.

2:15Speaker 3

So Oh, the inspector's here. I've seen him.

2:17Speaker 1

Can probably answer public comment. So you're in compliance. Right?

2:21 – 2:51Speaker 3

Yes. Alright. But I what what I don't understand is he came to my house, I talked to him face to face. And I told him the man that that it's sold, they're coming to get it. And he has said, you gotta get off the boulevard. I said, okay. Can I pull it right up here in my yard? He said, yeah. Two days later, he tried me again and sent me brought me here. So is there a miscommunication in the actual pools, or is he free to say whatever he wants?

2:53Speaker 1

I don't know the answer to that question. Alright. So you got one more minute. Is there anything else you wanna say?

3:02Speaker 3

I'm just curious why I was fined twice, and then when I show up in court, it says in compliance.

3:09Speaker 1

Alright. Thank you.

3:11Speaker 3

K. Do I get any response on the other violations on my street? No. No? Okay.

3:22 – 3:40Speaker 1

Alright. So now we're gonna go on to the continued cases. So and they're two that, I guess, probably is it the preference of everyone to sort of hear these two together?

3:40 – 4:04Speaker 1

Alright. So it's case number 244294292 and case number 244293. The property owner is Min Nguyen. The property address is 5000 South Chamberlain Boulevard and 5200 South Chamberlain Boulevard. You can call me

4:04Speaker 4

the session later too. I'm the manager. I'll speak to you then.

4:07Speaker 3

Thank you very

4:07Speaker 5

much. Okay. There it is. Are we good? Are we ready?

4:12 – 4:46Speaker 1

And okay. So on this one, I'm gonna shoot a little bit different. I'd like everyone to kinda introduce themselves and who they represent and and also what has transpired since the last time we heard this case. So oh, and do we have some yeah. I think there's some people who came in since the oath was administered. And so even if you're a licensed attorney, the rules here are you still take the oath. So anyone who has not taken the oath, the clerk will administer the oath at this point in time.

4:47 – 4:58Speaker 6

Can everyone wishing to provide testimony please stand and raise your right hand? Do you swear or affirm the testimony you're about to provide is true and accurate to the best of your knowledge so help you God?

4:58Speaker 4

I do. I do.

5:00Speaker 1

Alright. And I and I can start with the city first. Just give me kind of a brief update, I'll then I'll go to you and see if you agree or you have a different story. So go ahead.

5:10 – 5:38Speaker 2

Kimberly Rubino, on behalf of the city. In this matter, we are here for, a land clearing without a permit. Previously, there were a number of motions that had been filed by the buyer of the property, not the property owner themselves. The buyer of the property was previously Lincoln Capital. They are no longer involved in this matter.

5:38 – 6:18Speaker 2

My understanding is there's no longer a contract for them to purchase the property. They have filed a notice of withdrawal of their motion to become an agreed party in this action. My understanding is the party, the property owner, and the buyer no longer wish to move forward with the motion to dismiss. That was also filed. I believe that in this matter, the property owner is going to agree to the facts and to the fine amount that has been established by the city. So this should be a relatively easy process to move forward at this point.

6:18Speaker 1

Okay. And state your name for the record.

6:21Speaker 8

My name is Carl Roberts. I represent the property owner Min Nguyen.

6:25 – 6:36Speaker 1

Okay. And and so some of these motions were joint motions. So the ones that because I think your signature was on some of those motions, not all of them.

6:37Speaker 1

But so you would At this time withdraw all those motions? At this time, we

6:41Speaker 8

moved to withdraw any motions.

6:43Speaker 1

Alright. Had so have the parties reached an agreement on what the fine should be used for this?

6:51Speaker 8

We do not have any evidence that is contradictory to the city's evidence.

6:57 – 7:11Speaker 1

Okay. So I guess then that the city just needs to put on their case, and then, and then, again, you'll have an opportunity to cross examine if you want to or make your own statements. But we'll let the city go ahead and put on its prima facie case.

7:11Speaker 4

Okay. Can I

7:13Speaker 1

get in there

7:15Speaker 5

Your honor, Kevin Raducci. I'm the manager for the Conorporation Division for the city in Orangeburg. Good morning, mister Roberts. How are you?

7:21 – 7:48Speaker 5

We're gonna do kind of an expedited case because I believe we do have an agreement on the dollar amount in principle. There this case originally was gonna be way more involved. It involved multiple parties and multiple dates. We've been in here also communicating through emails and telephone calls through the our city attorney and through their attorneys. Roughly, what has transpired is that's not mine.

7:54 – 8:23Speaker 5

Case number is 24Dash492 4292 and 24Dash4293. The property was inspected on the 11/21/2024. It was originally inspected not by the code enforcement division. It was inspected by the members of the environmental division of our division our overall division. We have members here today that'll testify if necessary as to what their part was and how they came to their conclusions.

8:23 – 8:46Speaker 5

Code enforcement supports their conclusions fully. They took the lead in this. It's sort of a because it's such a large amount of land and a large amount of fine due to the trees that were taken without the proper permitting. It it they took the lead because this is an extenuating and extraordinary case. It will be the biggest one that the city's ever done or had to present to his honor.

8:48 – 9:24Speaker 5

The case is addressing the violation of two dash five one one tree protection regulations at b Dash one for fines and liens, the removal of trees from property without proper permitting, CZC, or any other permission from the city of Northport. The property is deemed vacant commercial land. It is two parcels back on our old computer system. It was known as 5000 South Chamberlain in the city of Northport and 5 Thou 5200 South Chamberlain in the city of Northport. If you need to, sir, we can put up the parcels on the the board here, the video board.

9:25 – 9:39Speaker 5

I'm gonna turn it over now to Ryan. He's a city forester. I'd like Ryan to briefly explain how he got involved and his team got involved, what his credentials are, what he observed, and how he came out with the amount of fines that we're seeking today.

9:40Speaker 5

You okay with that?

9:41 – 10:09Speaker 10

Sure. Okay. Thank you. Good morning, your honor. Marty Keeper, Irving Forrester. I have been sworn. Alright. We went out to the parcel responding to a resident's complaint of activity on the parcels. Also, we were notified that there were gopher tortoise burrows being impacted, so we felt obligated to respond. Upon arrival, we discovered that there was a path taken through both parcels.

10:10 – 10:39Speaker 10

Multiple trees had been removed. Three other individuals and myself visited the property to indicate what level of damage had occurred. We were fully understanding of the fact that there was hurricane damage. We had just went through hurricane Helene and Milton. Hurricanes do not take a specific path through the parcel, so we would only speak to the path where we are able to identify mechanical damage.

10:40 – 11:23Speaker 10

We had the benefit of responding shortly after the clearing activity had taken place so we could determine green foliage, green palm trees were down. Even if there were a stand of multiple leaning trees, we could easily discover and determine mechanical damage over the hurricane damage. We marked every tree that we calculated and cataloged with white spray paint to determine exactly the the figure. We discovered that there was a total of a 172 inches of tree that was impacted. Let me see.

11:25 – 11:45Speaker 10

I think a couple of them were not of the size of 12 inches that would be considered trees to be medicated. So the total of the fine came to a $163,000 subtracting the trees that would not require mitigation.

11:51Speaker 1

Anything else?

11:53 – 12:06Speaker 10

We notified FWC about the potential gopher tortoise impacts. They were notified multiple times before we even arrived on scene. So they did their investigation, and that's on them.

12:06Speaker 1

Okay. Do you have any questions?

12:11 – 12:31Speaker 1

Okay. Let me ask you one other there's one motion that was a motion to consolidate. I kinda like it might actually make it easier if we consolidate these two. I mean, do you have any objection to consolidating them? No, judge.

12:31Speaker 4

Okay. No, your honor. None. Okay. Mhmm.

12:34Speaker 1

Alright. Okay. And this is this is property that is zoned?

12:40Speaker 5

It's a vacant land commercial.

12:42Speaker 4

Commercial. Okay.

12:43Speaker 1

Mhmm. Alright. Anything else either side wanna say before I make my determination?

12:51 – 13:37Speaker 1

Alright. Alright. I'm gonna make a determination that it this is was vacant property that was zoned commercial that based upon the report of the natural resource division well, I'm also gonna make a finding that we're gonna combine these two so that the fine will just spread out over, you know, both parcels. And that based upon the calculation done by natural resources, the fine for the number of trees removed without a permit is a $163,000, and and that will then apply to the you know, both lots combined. And that's it.

13:37Speaker 5

Thank you, your honor.

13:37Speaker 1

Alright. Thank you.

13:40Speaker 5

You need my card on my office.

13:42Speaker 1

Okay. The next case on this agenda is case 20 5

13:46Speaker 5

And you can't remember.

13:47 – 14:06Speaker 1

182. The property owner is Suncoast Plaza Property Owners Association Inc, Sun Market, PDI. The parcel ID is 0984070095.

14:18Speaker 5

Good. Your honor, one other thing.

14:21Speaker 5

After this case, if we can get to the trespass case, that's the

14:23Speaker 4

other one that's mostly the staff is here for.

14:25Speaker 5

Okay. If you don't mind

14:27Speaker 1

Yep. I don't have a problem.

14:28Speaker 5

Thank you yourself. Yep.

14:31 – 15:15Speaker 11

Hey. I'm Josh, code enforcement inspector for the city of Northport, and I have been sworn. Case number CECase 25Dash00182 was initially inspected on 01/15/2025. This case is addressing a violation of IPMC three zero two point three sidewalks and driveways. It's a pothole next to a storm drain in the center of the roadway and IPMC three zero two point seven accessory structures. The green light pole has been knocked down. That, sir, has been brought into compliance. However, the pothole still remains. The property was in has been inspected on multiple occasions, most recently on 08/25/2025. I have had previous contact with the property owner prior to today.

15:16 – 15:47Speaker 11

two photographs to present as evidence. The photos are a true and accurate depiction of the property located at 0 Sun Market Place. And you see here, they attempted to back in April, they attempted to patch that pop up with loose gravel, which with the rain washed away. You know, we're back to a pop hole that we've had numerous complaints of people striking out their vehicle and damaging, you know, tires and rims.

15:47Speaker 1

So the the this I understand. This is this is a parcel that's adjacent to some commercial property?

15:54Speaker 11

Yes, sir. It's a property owner association.

15:57Speaker 4

Okay. Okay. Okay. It's okay.

16:00 – 16:12Speaker 11

It's a problem. This is located off of Toledo Blade between Firestone and Tommy's Car Wash. It's right in the middle, so it's a heavy traffic area. People coming out of the car wash and going in the fire stoned area.

16:12 – 16:49Speaker 1

Okay. Mhmm. Alright. So this is the first IPMC one where I think it hasn't been like a vertical structure, so I'm gonna I'm gonna ask for a little bit of guidance here. But I am gonna find that there is a violation of the IPMC twenty twenty one three zero two point three sidewalks and driveways. Again, this is an issue that does need to get corrected, and so the fine needs to be, you know, pretty significant. Are you asking for the maximum fine on this one?

16:49Speaker 11

Yes. It's just been going on since January of of this year. And my understanding, one of our own city police vehicles has also struck this and damaged

17:00Speaker 11

City property as well.

17:01 – 17:45Speaker 1

Alright. So I'm gonna I'm gonna impose a fine of $250 a day with no maximum that'll commence on 09/22/2025 if not brought into compliance by 09/21/2025. Alright. Now we're gonna go to over in general business, it's the trespass appeal. This is case number 25044659, and the it's basically Warm Mineral Springs is the city property, and the individual's, I guess, last name is Boyarkin.

17:45 – 18:21Speaker 1

And so if Mr. Boyarkin can come to this podium over here and and, again, it's been a while since I did one of these trust past appeals. What's the case? It's been a but my recollection of this, and correct me if I'm wrong, is that even though it's the person who received the warning as their appeal, the city basically puts on a prima facie case. Is that you know? And then and then they get to respond to that. Is that yeah. Okay. So whenever the city is ready, they can begin.

18:22Speaker 2

I do know he needs an interpreter.

18:26Speaker 1

Oh, okay. But

18:26Speaker 2

I believe that person was here with him at some point.

18:30Speaker 1

Is it gonna be an in person interpreter or a

18:33Speaker 2

There was someone here with him earlier today?

18:35Speaker 5

There's somebody physically here, if

18:37Speaker 7

you're on. He's a gentleman over here.

18:41Speaker 7

Just in case.

18:42Speaker 1

Okay. Hold on.

18:42Speaker 8

I can put him hold on just a moment.

18:46Speaker 4

Do you know the case number? Because the case number he had didn't pull up. That's the case number?

19:00Speaker 1

Just hold on. When when the interpreter comes in, you'll need to administer the the interpreter's oath.

19:18Speaker 4

Let me try to get him.

19:20Speaker 5

Your honor, there's no putting in the hallway. I know we saw him. I do he's not can you get him on your phone?

19:26Speaker 4

believe he just called me.

19:27Speaker 5

The interpreter.

19:29Speaker 4

I believe he just called me.

19:30Speaker 3

Translate English. My son.

19:37Speaker 1

You do you do you require an interpreter?

19:42Speaker 3

No. It should

19:44Speaker 4

have to be through email.

19:46Speaker 6

Via phone or interpreter.

19:48Speaker 2

Right? Is he gonna do

19:51Speaker 1

it I could transfer via phone.

19:53Speaker 7

He's gonna do it via phone? Well,

19:59 – 20:20Speaker 1

I mean, you need to administer an oath to that person. Now when we yeah. We have a service that we use, and that's by phone, But they are certified to be, you know, an an interpreter for proceedings, like, official proceedings.

20:24Speaker 6

Can you ask him what happened to the interpreter that you had with him for in person?

20:29Speaker 1

He said something. He had some health issues yesterday. That's your.

20:42 – 20:53Speaker 1

Well, I I one option is we we use our interpreter services. What? Oh, you don't know? Okay.

20:53Speaker 5

I don't believe we have that vendor anymore. I I don't think we're under contract, and I

20:57Speaker 1

don't think that's what I'm

21:02Speaker 11

objection to that on the phone?

21:04Speaker 1

Yeah. I mean yeah. So what's your opinion on that?

21:08Speaker 2

I mean, oath, there's a lot of rules about her being able give the oath over phone. I don't think that's necessarily valid.

21:18Speaker 1

Yeah. As I said, we yeah. They they gave the oath to that service that was

21:24Speaker 1

Yeah. But that was again, we would ask specifically for an interpreter that was held to qualifications to to do it for court proceedings.

21:32Speaker 5

Yeah. Yeah. I

21:35Speaker 4

do not have access. Police had

21:37Speaker 5

a service that they use for Russian and Ukrainian interpreter over the phone.

21:42Speaker 4

you wanna try to spoke

21:44Speaker 2

So you can do

21:47Speaker 1

a city thing. Okay. So the police department's gonna try to do that. Okay.

21:53Speaker 6

So the police department is gonna try to get an interpreter on the phone. We have to do it through the city.

22:00Speaker 4

Let me see. I don't know if you want.

22:02Speaker 5

Does he speak Russian or Ukrainian? I tried everything.

22:05Speaker 9

But he brushed it.

22:22Speaker 3

Russian. Only

22:23Speaker 6

is it Russian. Russian.

22:27Speaker 4

I use it when I when I transfer.

22:40Speaker 7

Can you hear me?

22:43Speaker 7

Great. Thank you. My name is. My ID is 39598. I will be a Russian interpreter. Okay. I give you a VIN number?

22:54Speaker 7

458. Thank you. How may I assist you?

22:57Speaker 4

So we've got a hearing right now that I'm just gonna ask you to be on for. It's a city code enforcement hearing. I've got a gentleman right here that only speaks Russian, so we need you to translate.

23:07Speaker 7

Okay. No problem. Thank you very much. Yep.

23:10Speaker 1

So you, yeah, you need to administer the oath to to that person.

23:16Speaker 5

Ma'am, you're gonna be asked to swear to an oath that we're about to administer. Can you hear us pretty good?

23:22Speaker 7

Yes. Yes. Thank you. Should I introduce myself to your client or

23:25Speaker 5

a little later? Yes. Lay lay after after the the oath, please.

23:31 – 23:45Speaker 6

Do you solemnly swear or affirm that you will make a true interpretation to the witness of all questions or statements made to the witness in a language which that person understands and a true interpretation of the witness statement into the English language so help you God?

23:46Speaker 7

I do. Thank you.

23:49 – 24:00Speaker 1

Alright. The city can begin, but I just ask everyone to just break everything up into very short pieces so the interpreter can interpret, and she needs to interpret that.

24:03Speaker 4

Did you hear that?

24:05Speaker 7

Yes. Thank you. Okay.

24:07Speaker 1

Can you interpret that for him?

24:09 – 24:53Speaker 7

Yes. Mhmm. Yes. I used to have a, interpreter who was translated for me, but he, got sick, and he didn't he, he didn't come. I also had a person who vouched for me, and his family is also sick, so they couldn't be here today.

25:18 – 25:35Speaker 7

Yeah. So I had a brain surgery, a seven hour brain surgery after which I'm having, some problems with my memory and with my conscience. Sometimes I don't, so I lost conscience at the lake, because of the hemorrhage in the brain.

25:40Speaker 1

Please explain that now.

25:41Speaker 7

So I will be, going to the lake only with my guardian.

25:45Speaker 1

Okay. Hold on

25:46 – 26:07Speaker 1

Please please explain that the city that that even though it's his appeal, the city begins. He will have his chance to speak. Okay. So you may begin.

26:07 – 26:22Speaker 2

So with this being a trespass appeal, it's the city's burden to show by clear and convincing evidence that the trespass warning was issued properly.

26:26Speaker 1

Did you hear that?

26:28Speaker 7

Excuse me. To be honest, not very well. Could you please repeat it? Sorry about that then.

26:42Speaker 7

a little. Alright.

26:48Speaker 4

Go ahead and try.

26:49 – 27:20Speaker 2

With this being a trespass appeal, it's the city's burden to prove only that the trespass warning was properly issued. And we have our first witness. Can you please state your name?

27:20Speaker 12

Yes. Patricia Sergius, assistant director of Parks and Recreation, and I have been swiped.

27:26Speaker 7

And at the assistant director of.

27:36Speaker 2

Were you working at Warm Mineral Springs on 07/13/2025?

27:42Speaker 12

I work, here in City Hall, but I did attend at Warm Mineral Springs on 07/13/2025 post the incident, we are talking about today.

28:05Speaker 2

Why were you called to Warm Mineral Springs on that day?

28:09 – 28:20Speaker 12

So as the assistant director of Parks and Recreation, it is my responsibility to intake all incidents and make sure that we, as a department, handle them as per city protocol.

28:21Speaker 2

And when you arrived at Warm Mineral Springs, what did your employee tell you?

28:26 – 28:41Speaker 12

We were notified that we had had a, subsequent occurrence with the gentleman and, that Katie had been notified they were out and issuing a trespass for an issue that had previously been warned.

28:41Speaker 1

K. Let her translate that. Yeah.

29:07Speaker 2

Can you describe specifically what that incident was from July 13?

29:14 – 29:28Speaker 12

From July 13, specifically, the issue arose with mister Oleg changing his clothes in the park. So undressing and redressing in the park.

29:50Speaker 2

when you say undressing and redressing, there was a point in time where he was completely unclothed in the park in front of patrons and employees.

30:20 – 30:33Speaker 2

And did the fact that mister Oleg was completely unclothed caused a disturbance to the patrons and park staff?

30:33Speaker 12

A number of patrons attended the office to complain about the

30:36Speaker 4

situation. And

30:39 – 31:15Speaker 2

I'm sorry. The interpreter can interpret that. Had there been any prior incidents where mister Oleg had been completely undressed at the park?

31:16 – 31:32Speaker 12

Yeah. I pulled incidents back to January. There were two other occurrences where the same type of reporting had come in of him changing his clothes back in March. The PD attended for that issue on that day. I'll stop so she can.

31:53 – 32:13Speaker 12

At that time, the the family did advise staff of medical concerns, and staff advised his family that he should have a carryover with him at all times. PD attended once again on July 5 and issued a verbal warning for the same issues.

32:39Speaker 2

Have there been any other incidents with mister Oleg at War Mineral Springs? The beginning of the year,

32:46 – 33:06Speaker 12

we saw, different behaviors. The beginning, January 3, we had an incident recorded, where he was trying to enter the facility without paying. But, you know, once we we spoke with him, although confrontational with staff, we were able to rectify those issues. But those are some of the early on complaints this year.

33:09Speaker 7

Excuse me. Enter, Brigitte. You said enter without paying without

33:13Speaker 12

Enter without paying admission to the facility.

33:48Speaker 2

For all of these incidents before 07/13/2025, only warnings were given, not any formal citations?

33:57 – 34:11Speaker 12

In this calendar year, correct. Prior to the city running the facility, it was run by National State Park in session, and mister Oleg was trespassed prior with that organization before we had it.

34:46Speaker 2

I have no further questions for this witness.

34:51Speaker 1

Translate that. Mister Boykin, do you have any questions for that witness?

35:30 – 35:50Speaker 7

Yeah. I I don't have any questions to this witness, but I would like to state that I have never, received any written or verbal warnings because I don't speak English. And I am, treating, my dementia at the clinic, in contact court. And I, also apologized for all, that happened.

35:50Speaker 1

Alright. He, let him know that he will have his opportunity to present his case, but the city may have more witnesses.

36:10Speaker 1

city may proceed if they have another witness.

36:12Speaker 2

Okay. We do, your honor.

36:15 – 36:37Speaker 12

Alright. I'll just in response to that statement, we did speak with a family via translation, the same mechanism that he attempted to use today. And we gave the family the notices and said that at those all four occasions were translated to him. To the best of my knowledge, I trusted the person he put for that translation.

36:37Speaker 2

And that was for the prior Prior. Prior to July 13? Yes.

36:41 – 37:24Speaker 1

Okay. I'll let the translator translate that. And, also, I want mister Boykin handed me some documents. One is a letter from his legal guardian, and I don't know if you've seen these. I I'm gonna can you pass those over there?

37:24 – 38:06Speaker 1

Or help me out. This is even better. So translate that. I'm gonna let them look at this. While they're looking that, I would just ask, the city witness. Is is that legal guardian in Aventura, a person you've communicated with?

38:07Speaker 12

We have spoken with Jan, the gentleman's son.

38:11 – 38:42Speaker 1

Alright. Translate that. Tell him we're just waiting for the city attorney to review the documents that he handed me.

39:38Speaker 2

Did your honor get a chance to review this?

39:42 – 39:55Speaker 1

Let's yes. I did. I mean, I I mean, it represents whatever it represents. I I don't I mean, I I guess I'm gonna ask you. Do you have any objection to that coming into the record?

39:58Speaker 2

I mean, my only objection would be is that we don't have any of the medical experts here to actually testify to its authenticity.

40:07Speaker 1

I I understand that. But I'm just it is like I say, it is what it is.

40:11 – 40:37Speaker 2

Yeah. I don't have any objection. I have some concern because it says in the conclusion that in in whatever proceeding this was, which I I don't know that they believed he was incompetent to proceed.

40:38Speaker 1

Right. I read that too. But go ahead and interpret that for him.

40:42Speaker 9

We'll put it in the record.

40:44Speaker 1

Yeah. It'll come into the record.

40:46Speaker 9

You need it back?

40:47Speaker 1

Yeah. I need it back. Yeah.

40:51Speaker 7

Can I interpret?

40:55Speaker 1

her to repeat what she said?

40:58Speaker 7

No. That's okay. I think I understood. I'll just, can I interpret now,

41:01 – 41:37Speaker 1

or you just stop talking? Next witness.

41:40Speaker 2

May you please state your name?

41:42Speaker 9

Good morning, your honor. I'm officer Ramirez, Batch459 with the city of Orangeport.

41:48Speaker 2

And how are you how long have you been with the Northport Police Department?

41:53Speaker 9

For four years.

41:55Speaker 2

Were you called to Warm Mineral Springs Park on 07/13/2025?

42:00Speaker 2

And what were you called there for?

42:01 – 42:12Speaker 9

I was dispatched there regarding a disturbance in the park. The park staff wanted a a trespass on mister Boyarkin.

42:38Speaker 2

And can you explain when you arrived, what you found?

42:42 – 42:56Speaker 9

When I arrived, I spoke to the park staff at the front entrance of the park. He was already dressed at the at the front of the entrance, and the park staff advised me on what had previously occurred.

42:58Speaker 2

And what did the park staff tell you?

43:00 – 43:13Speaker 9

That he was in the park in front of patrons and park staff removing his clothes, disturbing residents and and citizens of Northport in the park.

43:13Speaker 2

And did they tell you that at one point, his clothes were fully removed?

43:18Speaker 2

And is it a violation of local ordinance to cause such a disturbance?

43:28 – 43:59Speaker 9

Yes. And the park rules listed here, which I have here, it's it clearly states family friendly swimwear attire is required at all times. That's one of the park rules that everyone that goes to the park no matter what has to obey. On the trespass, I issued a violation of section 46 dash one ten, disruptive or unsafe behavior, including conduct with interferes with employees or contractors in the performance of their duties, which interferes the facilities by others.

45:09Speaker 2

And are those park rules posted at Warm Mineral Springs Park?

45:13Speaker 9

Yes. They're posted, and they're in Russian as well as in English.

45:18 – 45:36Speaker 2

Okay. And just to be clear, the trespass citation was issued not only because it's a violation of Park Rules, but also because there is a violation of the local ordinance because of the disruption that mister Oleg being completely undressed caused. Is that correct?

45:36 – 46:12Speaker 9

Correct. And when I issued the trespass to him, I had him sign and acknowledge. I used ProPeel Services as well as we're using now, and the interpreter ID I used was 52074 to commute communicate effectively with him. I also contacted his son, and I advised him of the situation since I've dealt with him one time previously on a verbal warning. And I gave him a courtesy ride home the previous time. And I spoke to his son, and I advised that he shouldn't be by himself and the conditions that he was acting. Okay.

46:12 – 46:23Speaker 2

And when you verbally gave the trespass warning to mister Oleg, he acknowledged that he understood this warning. Correct?

47:32Speaker 2

And it was at this time that you advised him of his right to appeal the trespass warning, which is the right he's exercising today. Correct?

47:40 – 48:02Speaker 9

Correct. He understood that if if he returned to the park can result in a in an arrest for trespassing, and I also explained his rights to the appeal process of the trespass. His son also arrived on scene that day, and he confirmed as well as the interpreter of his understanding.

48:36Speaker 1

Interpret that.

48:39Speaker 7

Excuse me. Could you repeat this, please?

48:43Speaker 1

She she just said she had no further questions.

49:24 – 49:50Speaker 7

Yeah. That was only one time. I just wanted to admit that that was on one time that I but I never addressed in the public place. And if that happened, that probably is because of the brain surgery that I had that injured me, that injured my memory and conscience. But I admit my mistakes, nevertheless, and I I I I will never attend the lake without my guardian.

49:50 – 50:01Speaker 1

Alright. So, again, I'm just I'm just gonna ask him if he has any questions of this witness. He gets to he gets to put his case on when they're done. So explain that to him.

50:16 – 50:31Speaker 7

I don't have any questions to this witness.

50:31 – 50:55Speaker 1

Alright. Do you have any other witnesses? No. Alright. Now you can, there are no more the city has no more witnesses. Now you can tell, mister, Boyar can, he can say whatever he wants to say, but just ask him to, to break it up in small pieces so that you can translate for me and for the city.

51:29 – 53:24Speaker 7

So the lake, Von Neural Lake, is the only lake that helps me to treat my disease. And for this reason for this reason only to to be near the lake, I moved, to North Pole from Miami, about sixteen years ago. And even one day without attending, this lake will be so detrimental to my health that I ask you to forgive, me for all these wrongdoings. And I promise to visit the lake, only with my guardian from now on because I, I die if I don't see the lake, if I don't go to the lake anymore. And so I ask you for the first time that, to not to remove this possibility, not to remove this possibility to go to the lake because this, this lake is so essential to my health.

53:25 – 53:42Speaker 7

And, again, I promise to be there with my guardian who will control my actions, who will be able to translate in English. Because I think that in most times and sometimes when I was on the shore and I was, spoken to in English, I didn't understand that.

53:45Speaker 1

Is there anything else you wanna say, Ms. Boykin?

54:18 – 54:41Speaker 7

Yeah. I repeat, and I ask you I request you to to allow me to go to the lake. I will be able to correct this one time mistake. But even one day without this lake, is really bad for me, and so I ask you to restore my access to this lake. And, again, I, I commit to attending the lake with my guardian only.

54:43 – 55:07Speaker 1

Does the city have any questions for mister Boykin? No. No? Alright. I have this one I have one question. Did in some of the prior encounters at The Springs with mister Boykin, was he was he instructed that he should only come back with a responsible adult or a guardian? And you can

55:07 – 55:43Speaker 9

Yes, your honor. On the previous time, I I gave him a courtesy ride home. It was the incident where he had gone in without pain. I happened to be the same officer that responded. I was working the area, and I gave him a courtesy ride. I I can see the misunderstanding of him not paying due to dementia. So, therefore, I did not trespass him with a written warning. I just gave him a verbal. I spoke to the son, and I specified to the son that he could not come back by himself because he's he forgets things. He's not in condition to be on his own. And then when this call came out, I did the I put it in writing.

55:43Speaker 1

Alright. So translate that for.

56:39Speaker 7

I understood this, and I will be there every day only with the guardian.

56:46Speaker 1

So Your honor. Oh, go ahead.

56:47Speaker 2

Sorry about it. Multiple park staff has has done the same thing on multiple basis.

56:52Speaker 7

Spoke with the son.

56:54 – 57:18Speaker 1

Alright. So translate that. So I have one question. Mister Boykin, how did you get to Warm Mineral Springs on 07/13/2025? Do you do you recall?

58:25 – 58:56Speaker 7

Yeah. There were no problems, with getting to the park. It's only when I saw the lake, have some kind of a spark in the brain. And this happens when, blood in my brain, it goes to a wrong, channel or to a wrong vein, and this can happen any moment. For example, right now, I'm fine, but I know that at any moment, I will have the same, the same issue. And this all happened because of the seven hour of brain surgery that I had that injured my brain. And, for this reason, I cannot even learn English.

58:58 – 59:10Speaker 1

Well, my question was really what was his mode of transportation to the Warm Mineral Springs? If he can recall if he doesn't remember, that I understand.

59:33Speaker 7

so I was brought to the lake by my son, and my son also picked me up to take me home.

59:50Speaker 2

If I may, your

59:51 – 1:00:13Speaker 2

I understand that this is a a you know, it's one of those things that kinda pulls out your heart, but unfortunately, it's it's a situation where in this scenario, we can really only handle the trespass aspect of it and whether or not the city has proven if we have properly issued the trespass?

1:00:13 – 1:00:35Speaker 1

No. I under I understand that, and I'll let the translator translate. I I just again, I have no doubt that mister Boykin does suffer from dementia, so I was just, you know, trying to understand how he got there. So, so go ahead and translate that.

1:01:05Speaker 2

Just, you know, a brief closing

1:01:07Speaker 1

Sure. Go ahead. Do.

1:01:08 – 1:01:47Speaker 2

So, you know, I believe that the city has proven that based on the warning that was provided on July 5 and then the con which was the same exact conduct based on mister Boykin removing his clothing, which caused a disruption to park employees and the patrons that were present. They exact the eight year that that was conducted on July 13, which caused the disruption to both park employees and patrons, and it was also a violation of park rules. It's a violation of local ordinance. The warning was issued. The subsequent trespass violation was issued.

1:01:47 – 1:02:21Speaker 2

All of that was proper. So I would ask that the trespass appeal be denied, and the trespass citation be upheld. You know, the city has repeatedly told his family to be present prior to this. I mean, if his son dropped him off and didn't go in with him after being told numerous times, that's not something that the city can force them to do. They're making those choices. They didn't show up today. It's an unfortunate situation that the city can only do so much. They have to protect the rest of the residents from these situations.

1:02:21Speaker 1

Okay. That's a lot to let her translate that.

1:02:24 – 1:04:54Speaker 7

Oh, that's okay. Yes. Yeah. I ask at least, for two, three months for this, for this possibility to be at the lake because this is really killing for me. This is my health.

1:04:54 – 1:05:28Speaker 7

This is my life. And if, sometimes it happens with me, this kind of incidents twice, at the lake, then at home, that happens much, much, more frequently if I am denied this access to the lake. That can happen five or six times more. And they never told me that I should be, in the presence of the guardian because I never remember that they told me that I cannot be on my own in the park. And, but I, again, I promise that I will be only with the guardian from now on.

1:05:29 – 1:05:48Speaker 1

Alright. So I've heard Mr. Boykin's basically a request for mercy. I'm gonna give him one last chance to give a reason why the trespass warning was not handed out validly, and then I'm gonna close the case.

1:05:54Speaker 7

The the question to the, mister is why, could it please repeat that?

1:05:59 – 1:06:19Speaker 1

Yeah. I I said I've I've heard him basically ask for mercy from me, so I understand that. I'm just asking him, though, if he has if if he has an argument for why the trespass warning was not issued in a valid way.

1:06:25Speaker 7

In which way? Sorry. In a

1:06:27Speaker 1

Valid or a proper way.

1:06:30 – 1:07:41Speaker 7

In a proper way. Okay. Yes. I I followed the warning. I it's just I have four witnesses that told me that, that could testify that I didn't, I didn't undress myself.

1:07:41 – 1:08:22Speaker 7

I had a towel. I had a big towel on, and I just wanted to change my, swimming swimming pants. And, that was that happened only one time, and there were four people seeing that that I was covered with a towel. And they even didn't know that I have two guardians, because of my, condition, and, they never asked me to be in the presence of the guardian.

1:08:23Speaker 1

Alright. But but, mister Boykin, these witnesses that you referred to, they're not here today. Correct?

1:08:29 – 1:08:44Speaker 7

No. There was one witness, but he had some issue with his heart, and so he left.

1:08:46 – 1:09:14Speaker 1

Alright. So I'm ready to close the the hearing. First so, mister Boykin, I, you know, I read through the material that that was provided here. Part of what was in that material was an evaluation that was done for a different case. I I don't doubt that you suffer from dementia.

1:09:16 – 1:09:45Speaker 1

Dementia is an insidious disease, and I think you it's not you are not in an uncommon position because you must slip in and out of dementia. Today, your your conduct and your behavior here was very good and did not really necessarily show evidence of dementia. I'll get I'll let her translate that,

1:09:45Speaker 4

and then I'll keep going.

1:10:26 – 1:10:53Speaker 1

And so while I have sympathy, you know, for your your situation, I am gonna find that based upon the testimony of the witnesses from the city that the trespass warning that was issued on 07/13/2025 was issued properly. I'm going to deny the appeal, and the trespass warning will stay in effect for the duration of its term.

1:12:05 – 1:12:27Speaker 7

I have three underage, children, and one is a 14 year old girl, another is a 16 year old boy. And I've been, bringing them up. I've been, parenting on my own. I'm a single father. And so I ask, that the duration of this trespass warning be reduced to two, three months instead of one year.

1:12:28Speaker 1

And I've made my ruling. So everyone, thank you very much. The hearing is closed.

1:12:44Speaker 3

Okay. Alright.

1:12:48 – 1:13:31Speaker 1

Now going back to the code enforcement cases. We have, I guess, second hearing cases. Case number 250 482. The property owner is oh, and the yeah. The she we still have the interpreter on or no. Anyway, property owner is Palladio Development LLC, and the property address is 2431 Manheim Avenue. And thank you for getting us the interpreter. That was that was very helpful. Alright.

1:13:39 – 1:14:03Speaker 4

Said in the arm. Sorry. Yeah. 4482. Yes. I'm Lewis Sabone, code enforcement inspector for the city of Northport, and I have been sworn. Case number 25Dash00482 is silent violation at 06:26 twenty five hearing. There has been no changes to the property, and I request that you sign the order assessing fine.

1:14:03 – 1:14:16Speaker 1

Okay. I will sign the order which assesses the fine. Next is case 25294. Property owner is David m Bates, and the property address is 4255 Grove Street.

1:14:16Speaker 4

Yes, sir. I'd like I'm Lewis Sabone, code enforcement inspector for the city of Northport. I have been sworn, and I'm asking for this case to be continued.

1:14:25Speaker 1

Okay. They're making progress? Or

1:14:29Speaker 4

No. They're not making progress. Unfortunately, they were not properly notified.

1:14:32Speaker 1

Oh, okay. So we will so is one month enough?

1:14:38Speaker 4

That should be fine.

1:14:40Speaker 1

You think so?

1:14:45 – 1:14:56Speaker 1

month. We'll continue one month. Alright. There's no other public comment cards on this one. So this agenda is adjourned and closed out. Now we're gonna go back.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.