Citizen's Advisory Committee - Special Meeting

Good morning. The city of Port St. Lucie special magistrate hearing for Wednesday, August 19th is called to order. It's 9 o'clock in the morning. My name is Keith Davis. I'm the special magistrate appointed by the city to preside over today's hearing. Please silence your cell phones so they don't interrupt the proceedings. And that will be appreciated. And then I'll invite everyone to stand and join me in reciting the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Even you. Go ahead and swear in the specialists and investigators who will be testifying for the city in today's hearing.

Do you swear or affirm that the statements made today will be the truth, the whole truth, and nothing but the truth? Thank you.

Thank you all. Let's see. I have reviewed and approved the minutes from the August 19th hearing. Looks like there are a number of late abatements or postponements, if you want to read those into the record at this time.

Starting with our building violations, item number two, Investigator James LaPonza, case number 32451, respondent Rosani Boulevard, respondent address 402 Southeast Crosspoint Drive is a postponement. Item number three, Investigator James LaPonza, case number 32454, respondent Kenneth Misalazowski and Deborah Misalazowski, respondent address 1649 Southeast Flintlock Road is a postponement. Item number five, investigator James LaPonza, case number 32467, respondent Jack Grotowski and Destiny Grotowski. Respondent address 2485 Southeast Marseille Street is a late abatement. Item number six, investigator James LaPonza, case number 32463, respondent Hady Sanchez. Respondent address 2201 Southeast Genoa Street is a postponement. Item number seven, investigator James LaPonza, case number 32464, respondent Bayshore Industrial Properties, Inc. Respondent address 1693 Southwest Biltmore Street is a postponement. Item number eight, investigator James LaPonza, case number 32474, respondent Johan H. Zambrano, respondent address 2233 Southeast Leonard Road is a postponement. item number 10 investigator james lapanza case number three two four six zero respondent worldwide management inc respondent address 1521 southeast south nehemiah circle is a postponement item number 11 investigator james lapanza case number three two four seven one respondent clotilde de donna and francesco de donna respondent address 2431 southeast morningside boulevard is a postponement item number 12 investigator jennifer venator case number three two four two two respondent wendy tapp respondent address three four seven four southwest ronald street is a postponement item number thirteen investigator jennifer venator case number three two four three four respondent alan t ha respondent address two zero three seven southwest morelia lane is a postponement Item number 14, investigator Jennifer Venator, case number 32165, respondent Naomi J. Poe. Respondent address 2051 Southwest Villanova Road is a postponement. And moving on to our certification of fine cases. Item number 21, Investigator Jennifer Venator, case number 32416, respondent Gatlin Point 18, LLC, respondent address 1214 Southwest Gatlin Boulevard, unit 110, is a late abatement. Item number 23, Investigator Jennifer Venator, case number 32266, respondent Lincoln Antonio Valeriano and Maite Valeriano, respondent address 2326 Southwest Godella Terrace, is a late abatement.

All right. Thank you. With those noted, the agenda is approved. We still have a couple things to do. So let's see. Where are we going first? What do you want to?

I just confirmed that our lien mod and vacate request, we won't have any being presented at today's hearing. So we can, if you'd like, move on to our building violation or, excuse me, introduction of cases for those that are present. We'll start with our certification of fine cases.

Okay, so for folks who are here, when your case is called, there's a podium over here to my right. That's where I'll be able to see you and hear you. So when your case is called, if you can come on up to that podium, the way that I will take each of these cases, I'll hear from the city first and hear from the city's witnesses. There may be Documents or photographs that are displayed on the monitors that are part of the record that you'll have an opportunity to see once the city has concluded its presentation and made any recommendations to me on how it believes the matter should be resolved. I'll then come over to you. Have you sworn in same as the city's witnesses were sworn in and then I'll be happy to hear from you if you have any questions you are entitled to ask those questions. If not, simply tell me about what's going on with the case. And in the event that you've brought with you any additional documents or photographs or anything, that'll be the time for you to produce those. And once I've considered everything from everybody on the case, then all likelihood this morning an order will be entered that resolves the matter. So that explanation being done, let's go ahead and call the first case that we're going to hear.

At this time, there are no building violation cases that are present, so we'll begin with our certification of fine cases, starting with item number 15, investigator Darren Sobrian, case number 32318, respondent Geiger Properties of Florida, LLC, respondent address 1062 Southeast Port St. Lucie Boulevard.

Good morning.

This case concerns a property at 1062 South East Port St. Lucie Boulevard, Port St. Lucie, Florida. On November 14, 2025, an inspection was done and a photo was taken showing the following violation. city ordinance 150 point 105.1 florida building code 105.1 commercial alterations with electric no permit on february the 11th 2026 profit service was achieved by um posted property with notice of hearing a violation that was held on march 25th 2026 based on the evidence provided to the special magistrate found that the violation exists and ordered that compliance be achieved by April 2022nd, 2026. A review of the building department records indicate that compliance has not been obtained. The city's recommendations are that the Geiger properties of Florida LLC be ordered to pay are required to pay a fine of $100 per day each day if the violation continues, thereafter not to exceed $10,000. The city has incurred costs of $510 in conducting the investigation, which sum is to be in addition to the daily fine and included in the lien. You've seen this case previously. Give me some good news, guys. Where are we? I'll run through some of the photos. You can see the partition, the door, the electric. You know, it's a standing case. You've seen this before. At this present time, they apply for the permit. It's past planning. It's in plan review. It's got some corrections, some fails in there that need to be addressed. So that's kind of where it is. They've got a building fail, a mechanical fail. And there's something to do with plumbing, to do with the toilet. The entrance, the door needs to be addressed. So that's where it's at at the moment. It's nothing we can really do until they pass through planning.

Okay. Yeah. Let's get you sworn in and see what's going on.

Do you swear or affirm that the statements made today will be the truth, the whole truth, and nothing but the truth? I do. And please state your name for the record.

Ashley Ludlow.

Thank you.

Good morning, Ms. Ludlow. So what's going on?

So we received comments back last week. There was a few things that needed to be addressed. They had some questions on mechanical duct work that was listed on the plans, ADA accessible bathroom, and then the pathway to the bathroom. So we have sent those off to the architect, and the architect is addressing.

Okay. So what do we want to do? 30 days, give them another 30, I think. I've got no problem with that.

For me, if I'm seeing good faith forward progress, I don't want to certify the fine.

No, I can say it's progress, and they're making progress, proper progress. There's nothing they can do about this at the moment, apart from, as you said, to go to our architect.

So does it make sense to put this on a future agenda? Yeah. How far out do you... I don't want to make everybody keep coming back every couple of weeks. Let's put it out at a reasonable time for your architect to get the work done and get the review done. But I don't know what that is. Is that 30 days?

I would look at 60 to be safe. 60 days?

Yeah, then that's plenty of time to get everything done in that time. So 60 days, that's like... That's November. Mid-November, yeah. November 18th compliance by the 17th. So what, November 17th? Yeah, compliance by 17th. All right, why don't we put this on the November 17th agenda, and hopefully by then your architect will work his or her magic, and the city staff will work their magic, and maybe we'll be good.

Crossing my fingers.

Okay, me too. Okay, so we'll see this back on November 17th as need be. November 18th. 18th. November 18th. Yeah. 1-8. Okay. Okay, good.

Thank you. Ashley, you can stay up there. We'll have...

So you got another...

Investigator LaPonza, come up for the other case. We're going to jump to item number 17. It's Investigator James LaPonza, case number 32245, respondent Cameo Corner, LLC. Respondent address 481 Southwest Port St. Lucie Boulevard.

Good morning. Good morning. I'm James LaPonza. I've been sworn in. This case concerns the property at 481 Southwest Port St. Lucie Boulevard, Port St. Lucie, Florida, on August 14th, 2025. An inspection was done and photos taken showing the following violation. City Ordinance 150.105.1 and Florida Building Code 105.1, commercial alteration, no permit. On October 28th, 2025, proper service was achieved by certified mail, return receipt received. A violation hearing was held November 19th, 2025. Based on the evidence provided, the special magistrate found the violation exists and ordered compliance be achieved by December 17th, 2025. A review of the building department records indicate compliance has not been obtained. The city requests that the respondent cameo corner LLC be ordered to and required to pay a fine in the amount of $100 for every day the violation continues thereafter not to exceed $10,000. The city has incurred costs in the amount of $510 in conducting the investigation, which some is to be in addition to the daily fine and included in the lien. The city realizes that this was a pretty messy building, and there was a lot to do to get it into compliance. However, we still don't have a permit applied for.

There's a permit for this one?

I didn't see a permit apply.

We're in review. Yeah, as of we've been in review fire just reviewed, I can give you the fire. Hold on, let me pull it up. Fire reviewed and passed it. It's in the final review.

I don't have the best memory, but my recollection now you had two cases the last time we were here and we continued both of them because of comments and stuff. So I thought these were both of your cases were in the system.

Yeah, it is. Sweet number might be added on there.

That might be why that might be the issue.

Yes, but it isn't permanent.

Okay, I'll have to digress. There is a permit. Yes. It has made it through our plan review. We're waiting on fire.

Yes, fire sent back their approval, so that should be in your guys' box anytime soon, and I think we're just waiting on final approval after that.

Yeah. So then once you get that... We can start work. Then do we want to keep these... What do you want to do? Do you want to put this on the November 17th, 18th agenda as well? Keep them? Yes, let's do that.

Just to make sure that it can get through fire. We need to make sure the fire gets paid so that they can do the review because sometimes that gets held up there.

That might be what they're waiting on, but I was corresponding with them clarifying the addresses because this is a confusing one with the new addresses. Right. So I clarified that, so I'll make sure that it's paid.

Okay. You have November 17th for compliance would be great. 18th. 18th is a hearing. I want to make sure because I said 17th. We try to go the day before the hearing.

Oh, well, so we'll continue the hearing to the 18th, and then you guys will, okay. And hopefully they'll be off the agenda by then. That would be great.

Crossing my fingers.

All right, very good.

Thank you.

Good. Okay. Anything else that you need to put in?

No.

Anything else from the city? No. Then we'll continue this to November 18th as well, and hopefully both of those cases will be off and running before then. Sounds good.

All right.

Good luck. Thank you very much.

Thank you very much.

Thank you.

Excuse me, Magistrate. Can I make a clarification? So for the first one, are we still on the 17th or the 18th?

The hearing is on the 18th. Right? Yeah. Gotcha. So we're continuing it to the 18th.

Next up, we'll have item number 16, Investigator James LaPonza, case number 32403, Respondent Gary Telemach and Marie Raina Moisey-Telemach. Respondent address, 181 Southeast Lakehurst Drive.

Good morning.

Good morning, everyone.

This case concerns the property at 181 Southeast Lakers Drive, Fort St. Lucie, Florida. On March 13th, 2026, an inspection was done and photos taken showing the following violation. City ordinance 150.105.1 and Florida building code 105.1, garage conversion with electric and air, no permit. On June 20th, 2026, proper service was achieved by certified mail return receipt received. A violation hearing was held on July 15, 2026. Based on the evidence provided, special magistrate found that the violation exists and ordered compliance be achieved by August 19, 2026. A review of the building department records indicate compliance has not been obtained. I'm going to skip over the recommendation right now. They do have a permit that has made it through plan review and is in has been sent back to permitting for final processing. There are some fees that are owed that I think they may need a little bit more time to scrape up.

Yeah, I remember this one, too. I just want to make sure there's been no evidence of anybody occupying. I know that was one of the things that we talked about, nobody actually staying in the conversion area. But let me get you sworn in, sir, and then you can tell me about all that.

Do you swear or affirm that the statements made today will be the truth, the whole truth, and nothing but the truth? I do. And please state your name for the record. Gary Telemak. Thank you.

Thank you, Mr. Telemak. The floor is yours. So where are we?

Well, we did have the permit, the plan review, and I received an email yesterday. It's passed. Everything is okay with the plan. I have to pay the fee. which is about $1,300. Okay. Yeah.

So how much more time do we need on this one to get it buttoned up?

I don't know.

So how much time do you need? Do you think you need to obtain the funds?

30 days. Is that fine?

Is that all we're talking about is actually paying the fees? The work's already done? This is like an after-the-fact kind of deal?

It's an after-the-fact, yeah. So once the permit's issued, then it'll need to be signed off. All the inspections will need to be signed off by the architect or engineer.

They already signed the paper. Everything is signed. Everything is signed. Everything is signed yesterday. The day before yesterday, I dropped it since Friday.

Okay.

It's signed, and I spoke with... I forgot his name, but they say the plane is good. Everything is good. I just need to pay the fee. I'm good to go.

And you're asking for 30 more days to get that paid? Yes.

I might pay before that.

So from the city's perspective, what's the best way to paperwork this? I mean, I want to give you your 30 days, but after after that.

I think the city would recommend 60 days to make sure that you're comfortable with paying those fees and get that permit and issued status. That sounds good. That permit will be valid for six months. Okay. It'll need to be closed out within those six months and completed.

Thank you.

Okay. So would we certify the fine in 60 days or would we continue this or would we, what's the best way to paperwork it to accomplish what we're trying to accomplish?

I would recommend we continue it. Um, we do anticipate him obtaining a permit within those 60 days. So then at that point we would just monitor it. It wouldn't, shouldn't need to come back.

So another November 18th. So what we're going to do, um, um, Mr. Telemach is continue this to November 18th. Now, by then, from what you're telling me, you'll have the fees paid and this should all be done. And then we won't actually even have to have the hearing. Um, But just to keep it simple from the paperwork side, we'll just continue today's hearing to November 18th. And before then, you guys will have it all worked out behind the scenes.

That's correct.

That's what it seems like to me. I'll be optimistic that that's going to happen. Is there anything, any questions or anything else you need to tell me before?

No, that's it. Thank you.

Anything else from the city? No, sir. Okay. Then November 18th it is. Thank you very much. Good luck. Thank you very much. Thank you for your time. Thank you.

Thank you. Thank you.

Next, we'll have item number 19, investigator Jennifer Venator, case number 32426, respondent Messiana Florestal and Renan Titus, respondent address 4189 Southwest Darien Street.

Good morning. Good morning.

Good morning. This case concerns a property at 4189 Southwest Darien Street, Port St. Lucie, Florida. On April 16, 2026, an inspection was done and photos taken showing the following violation. City Ordinance 150.105.1 and Florida Building Code 105.1. Enclosed porch with electric, no permit. On June 22, 2026, proper service was achieved by certified mail return receipt received. A violation hearing was held on July 15, 2026. Based on the evidence provided, Special Magistrate found the violation exists and ordered compliance be achieved by August 19, 2026. A review of the building department records indicates compliance has not been obtained. I request that Respondent Macian, Florestal, and Renanda Titus be ordered to and required to pay a fine in the amount of $50 for every day the violation continues thereafter not to exceed $10,000. The City has incurred costs in the amount of $510 in conducting the investigation, which summons to be in addition to the daily fine and included in the lien. I believe this came to us from a city inspector. This is for the addition in the back here. We have had some contact. I have both in the office, I believe, and myself through phone calls and emails. Back in June, the draftman had contacted the office stating that he was in receipt of the plans and they would be obtaining a permit. They did apply for a permit back in July on the 15th. It failed planning and zoning on the 17th and also August 19th. And as of right now, there's no additional submissions.

So this looks familiar. I think I've was this before me last month.

Yes.

And so what does anything happen between then and now?

No, no, it's just it's it's been held up with planning and zoning. They have a couple of comments on there that need to be revisited and corrected so that they can continue their review. So our plan reviewers have not looked it over because it has to pass planning and zoning first. Okay. And as I previously said, it last failed on August the 19th, and I don't see any new submissions addressing those comments have been submitted.

Okay. Let me get you sworn in, ma'am, and then I'll be happy to hear from you.

Do you swear or affirm that the statements made today will be the truth, the whole truth, and nothing but the truth? Yes. And please state your name for the record.

Renata Harris.

Thank you.

Good morning. The floor is yours. If you have any questions for Officer Venator, you may ask. Otherwise, you can tell me about what's going on.

So we were told to do a new survey, which we already have that updated. And then also they asked us to do a variance application. I don't know if that's how you pronounce it, V-A-R-I-A-N.

SOMETHING NEEDS A VARIANCE.

YEAH, IT'S LIKE MEASUREMENT OR SOMETHING.

WHAT IS IT, IN THE SETBACK OR SOMETHING?

YEAH, THAT'S GOING TO BE SOMETHING THAT PLANNING AND ZONING HAS REQUESTED. IT MAY HAVE TO DO WITH THE SIZE OF IT.

HAVE YOU APPLIED FOR THE VARIANCE YET?

YEAH, WHICH IT SAYS $500. I'M NOT SURE IF THAT'S HOW MUCH IT USUALLY COSTS WHEN I WAS TRYING TO SUBMIT IT THE OTHER DAY. BUT I DID SEND IT TO THE E-MAIL.

Do you know if your variance application has been scheduled for a public hearing yet? That's going to take a little bit of time, a variance hearing and all that stuff. So what do we want to do? But you did apply for the variance.

Yes, but the thing about the variance is it seems like they talking about the main house for the measurement which that's how we put the House with the. So it wasn't stated it was the addition that we had it so.

That may be I mean if the main houses in the setback that would be a legal non maybe a legal nonconformity and you're typically not allowed to expand on an illegal nonconformity so that's just getting messier every time i say another word um well so if this is balled up in planning and zoning with variance applications and that sort of thing what what uh what do you want to do with this

I believe they were just looking at it on the Fusion website. I don't see that the application has been put into their system. Do you know when they might have applied for that?

Well, a few days ago.

Okay. They may not have processes. It may not be shown in their system. That's a good question.

Is it, because when I tried to upload it onto the website, it says $500. Is this how much?

That's whatever planning and zoning fee is for their review.

Oh, okay, because I wasn't sure.

Just for clarity, has the fee been paid for the variance yet?

No, because I wasn't sure, but it's fill out and everything.

Yeah, so they most likely will not have that process until the fee is paid.

Okay, I'll do it today.

So do you know when you're going to pay that fee and get this?

I'll do it today.

Okay.

Um, but I also have another question since the variance is mainly for the main house. Um, we got the house like that. So however, well, I don't know.

I mean, number one, I don't know enough about that. Number two, I'm really, it's not appropriate for me to give you legal advice on, on your, your zoning situation. I'm just speculating based on what I know about land use law and then just enough to be dangerous, you know So I mean the question is if this is in planning and zoning And if you're gonna pay the processing fee for the variance today I

which I will... Well, I need to know if I really need to pay for it since it's for the main house. The main house has nothing to do with it.

Well, again, you know, I'm not going to sit here and debate the finer points of land use law. The bottom line is there's an addition that was built without a permit, and there are things from the city's side that have to happen to allow that to remain. Um... I'm willing to be reasonable and give a little, as long as I continue to see that this is moving along, especially on your side of the equation, that you're doing everything that can be done to get it, I'm willing to work with you. Is this another November 7th, 18th?

I think that would probably be the best to put it out there. I would suggest that she definitely go to Planning and Zoning and speak with them about that and make sure that if there's a fee there that she gets that paid so they get that started.

Yeah, I mean, there's all kinds of... You definitely I think that's great advice that you need to sit down with whoever is handling this in the planning and zoning department and get an understanding for exactly what you need to do and what they need you to do. But in the meantime, for this code enforcement case, I'm willing to kick this can down the road a couple months and put this on the November 18th agenda to give you time to do all that. But when we come back in November, and there's no way this one's going to be done by then, but when we come back, I would like you to be able to tell me Exactly what's going on in planning and zoning, what the status of the variance is and how this is moving along. Okay, very good. So ordered. I guess I need to ask, do you need to put anything else into the record? Okay. November 18th. We'll see you back then. Thank you. Good luck.

That concludes our introduction of cases with parties present.

Okay.

Would you like me to move on to how parties are notified?

Yes, thank you.

A notice of hearing or notice of the certification of fine was sent to the violator by certified mail return receipt requested to the address listed in the tax collector's office for tax notices or to the address listed in the county property appraiser's database. If the green card was returned, it was placed in the file and is either signed, unsigned, or unclaimed. 10 days before the hearing, the agenda was posted on the bulletin board in the lobby of Port St. Lucie City Hall. Also, a notice of hearing was posted on the property in question, along with an affidavit of posting, which included a copy of the notice posted and the date and places of its posting. If the certification card was not returned to the building department, then within 10 days before the hearing, posting is completed in the same manner as if the card was returned unclaimed as stated above. The photos shown at today's hearing are kept and maintained as public record of the City of Port St. Lucie's building department.

Okay, then with that being the process for the remaining cases, I will find proper notice. And you need to read those into the record at this time.

Yes, I'll begin with our building violations. Regarding the following cases entered into public record, our building compliance coordinators inspected the properties and found violations to exist. A reasonable date for compliance was subsequently given, but upon re-inspection, it was confirmed that compliance was not achieved. A formal notice of hearing was issued for today's hearing and the respondent has failed to appear. The City requests that these cases be found in violation of their respective listed code sections and be given until October 28, 2026 to bring the property into compliance. Should compliance not be met, the City requests that a future hearing be scheduled to determine and impose an appropriate fine. Starting with item number one, investigator Darren Subrayan, case number 32472, respondent Lakeside PSL Investments, LLC, respondent address 343 Southeast Port St. Lucie Boulevard. Item number four, investigator James LaPonza, case number 32459, respondent Bree Throne, Eastport Plaza, LLC, respondent address 9176 South US Highway 1. And item number nine, Investigator James LaPonza, case number 32331, Respondent Donald Massa and Sherry Massa, Respondent Address 4225 Southwest Daito Drive.

I'll sign the appropriate orders for those matters.

And for our certification of fine cases regarding the following cases entered into public record, a violation hearing was held and a date of compliance was issued by the special magistrate upon re inspection by a building compliance coordinator. It was determined that compliance has not been achieved for the violations of the respective listed sections of the code. A formal notice of hearing was issued for today's hearing and the respondent has failed to appear. The city requests that the fines be certified and administrative costs be assessed and awarded to the city. Starting with item number 18, investigator James LaPonza, case number 32387, respondent Paris Investment Co. Inc., respondent address 1476 Southeast Village Green Drive. Item number 20, investigator Jennifer Venator, case number 32356, respondent Wilfredo Lazaro Perez, respondent address 1942 Southwest Cameo Boulevard. And item number 22, Investigator Jennifer Venator, case number 32424, Respondent Home Biz, LLC, Respondent Address, 1947 Southwest Biltmore Street.

Sign the appropriate orders for those as well. Is there any public to be heard? Seeing none, because there's nobody in the room except the cool kids. Is there anything else for the good of the order before we adjourn this morning? Okay, we've concluded our business. It is 9.36, and we are adjourned.