CLB Minutes 05/16/2018 May 16,2018
MINUTES
OF THE COLLIER COUNTY
CONTRACTORS' LICENSING BOARD
May 16, 2018
Naples, Florida
LET IT BE REMEMBERED that the Collier County Contractors' Licensing
Board, having conducted business herein, met on this date at 9:00 AM in
REGULAR SESSION in Administrative Building "F," 3rd Floor, Collier County
Government Complex, Naples, Florida, with the following Members present:
Chairman: Michael Boyd
Vice Chair: Kyle Lantz
Members: Terry Jerulle
Richard Joslin
Robert Meister
Patrick White
Excused: Matthew Nolton
ALSO PRESENT:
Everildo Ybaceta— Supervisor, Contractors' Licensing Office
Kevin Noell, Esq. —Assistant Collier County Attorney
Jed Schneck, Esq. —Attorney for the Contractors' Licensing Board
Reggie Smith— Contractors' Licensing Compliance Officer
Jack Gumph— Contractors' Licensing Compliance Officer
Richard Noonan— Collier County Building Department Inspector
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Co er County
COLLIER COUNTY CONTRACTORS' LICENSING BOARD
AGENDA
May 16, 2018
9:00 A.M.
COLLIER COUNTY GOVERNMENT CENTER
ADMINISTRATIVE BUILDING
BOARD OF COUNTY COMMISSIONERS CHAMBERS
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE
PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
I. ROLL CALL:
II. ADDITIONS OR DELETIONS:
III. APPROVAL OF AGENDA:
IV. APPROVAL OF MINUTES:
A. MARCH 21, 2018
V. PUBLIC COMMENTS:
A.
VI. DISCUSSION:
A.
VII. REPORTS:
A.
VIII. NEW BUSINESS:
A. ORDERS OF THE BOARD
IX. OLD BUSINESS:
A. CASE: 2018-04-JEFFREY BUMPUS- FOLLOW UP ON MISCONDUCT OF A STATE CERTIFIED
CONTRACTOR- EXPIRED PERMITS
X. PUBLIC HEARINGS:
A. CASE: 2018-07-STEPHEN PURCIELLO-MISCONDUCT OF A STATE CERTIFIED CONTRACTOR
XI. NEXT MEETING DATE: WEDNESDAY, JUNE 20, 2018
ADMINISTRATIVE BUILDING
THIRD FLOOR IN COMMISSIONER'S CHAMBERS
3299 E. TAMIAMI TRAIL
NAPLES, FL 34112
May 16,2018
Any person who decides to appeal a decision of this Board will need a record of the
proceedings and may need to ensure that a verbatim record of said proceedings is made,
which record includes the testimony and evidence upon which any Appeal is to be made.
I. ROLL CALL:
Chairman Michael Boyd opened the meeting at 9:02 AM and read the procedures to be
followed to appeal a decision of the Board.
Roll Call was taken; a quorum was established; six (6)voting members were present.
II. AGENDA-ADDITIONS, CHANGES, OR DELETIONS:
(None)
III. APPROVAL OF AGENDA:
Vice Chairman Kyle Lantz moved to approve the Agenda as submitted. Richard Joslin
offered a Second in support of the motion. Carried unanimously, 6—0.
IV. APPROVAL OF MINUTES—MARCH 21,2018:
Corrections:
• Page 20—last paragraph: Patrick Smith was changed to Patrick White.
• Page 35 —Patrick White's comment— 11th bullet point: The word, "home," was
changed to "whole."
Patrick White moved to approve the Minutes of the March 21, 2018 Meeting as
amended. Richard Joslin offered a Second in support of the motion.
Carried unanimously, 6—0.
V. PUBLIC COMMENT:
(None)
VI. DISCUSSION:
(None)
VII. REPORTS:
(None)
VIII. NEW BUSINESS:
A. Orders of the Board:
Richard Joslin moved to approve authorizing the Chairman to sign the Orders of the
Board. Vice Chairman Kyle Lantz offered a Second in support of the motion.
Carried unanimously, 6—0.
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May 16,2018
IX. OLD BUSINESS:
(Note: The individuals who testified in the following cases under Item IX, "Old
Business,"were first sworn in by the Attorney for the Board.)
A. Case No.: 2018-04: Jeffrey Bumpus—Misconduct of a State-Certified Contractor—
Expired Permits (Update)
Everildo Ybaceta, Supervisor—Contractors' Licensing Office:
• Mr. Bumpus appeared before the Board during its last meeting. He was
granted sixty days to bring the expired permits up-to-date—re-activate them.
• May 16, 2018 is the deadline.
Jeffrey Bumpus:
• He obtained Workers' Compensation insurance on May 9th;
• He submitted twenty applications on May 9th;
• He has arranged to obtain keys and access to the various properties and as
soon as he obtains the extensions, he will start obtaining inspections.
Patrick White questioned Mr. Bumpus:
Q. Does 20 equal the number of...
A. No, it's 43, I believe. I submitted 20 of them.
Q. And what are your intentions regarding the remaining 23?
A. As soon as I get them, I'll bring the rest—as soon as I get the ones I've got done,
I'll submit other applications.
Q. Help me to understand what"reactivation"means.
A. I filled out a one-page application asking for them to be extended. I figured once
the 20 were done, I'd pay the money and submit the next ones. I'm trying to
round up keys and access. Some people say they don't want inspections. I will
call them in and if they fail, they fail. Most people have been cooperative. They
have given me "Home Watch"people to contact, and some people have mailed
their keys to give me access to their places.
Q. We originally believed that sixty days ...
A. I asked for thirty and you gave me sixty, but it could be at least another sixty. I
mean—as far as the process goes—it's just a matter of getting in every place.
Q. What basis do you think there might be for me to make a motion to extend this by
sixty days?
A. I didn't have insurance and I couldn't pull a permit without insurance.
Q. I understand that—it sounds like it took maybe 45 days to get insurance.
A. I got insurance through one company and they cancelled because I'm a one-man
operation—they said they're not writing in Florida anymore—that's the excuse
they gave me. So, right now, I just was written on Wednesday by a company out
of New York.
Chairman Boyd questioned Mr. Bumpus:
Q. Is this Workers' Comp or liability?
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May 16,2018
A. Workers' Comp. I have lability until June 2018.
Q. As a one-man operation, I don't think you really need Workers' Comp. You
could be an exemption.
A. My license is a d/b/a. I'm a corporation but it was never changed so it's been Jeff
Bumpus doing business as "Northern Breeze Air Conditioning, Inc." They won't
let me be an exemption. I already went to the State for that.
Q. Okay.
A. I had one employee who is my son—we had to go through an agency for our
paychecks because nobody would write it. I went through Paychex and then they
cancelled it because they said they weren't renewing anything in Florida, but
Paychex never told me ... so now I've gone through this other insurance agency in
New York. I must pay for three people to get Workers' Comp. They won't write
for one person.
Patrick White continued questioning Mr. Bumpus:
Q. What would your plan of action be if, for example,today we didn't take any
action to change what we decided on two months ago?
A. I promised I would get the inspections done. That's all I can do—is get them
done.
Q. You don't have a"Plan B?" If you don't have a license, how would you do it?
A. I would have to go to somebody else, I guess.
Q. Which means those people who were your customers would then deal with
somebody that they don't know.
A. I'd have to get somebody who is authorized to let me do it and I'd still do it. I'm
not going to charge my customers to do it. One of my customers got a thing in
the mail for a water heater and they didn't even own the house at the time, so they
were charged $100 to renew the permit.
Q. Understood.
A. I'm trying to do it for my customers and I still deal with my customers daily.
In response to a question, Mr. Bumpus said he had filled out 20 renewal applications.
He said he didn't do them all at once. There were 23 more to do.
Terry Jerulle questioned Mr. Bumpus:
Q. I'm a little confused. You said you still have "customers?"
A. Yes.
Q. How do you have customers if you don't have insurance?
A. I have liability insurance—just not Workers' Comp.
Q. But you're still working ...
A. I'm still working.
Q. I'm not an expert on insurance but it took you 53 days to find insurance?
A. I thought I had it, but I didn't have it. Workers' Comp—I got it through Paychex
but when I went to get the Certificate, I was told I didn't have it.
Q. That takes one day.
A. Okay. Well, I got it on March 28th and then I found out it's not applicable when I
asked for the Certificate to be sent.
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May 16,2018
Richard Joslin questioned Mr. Bumpus:
Q. On March 28th you found out you didn't have insurance?
A. I didn't have it again. I called as soon as I left the meeting to activate the
insurance through Paychex. They sent me a policy and I sent everything back. I
thought they were taking money out, but they didn't take any money, so I called.
She said they won't write you. I said I thought I had insurance. She got me
insurance and I just got it on Wednesday. Hopefully the Certificate got sent it. I
got an email.
Vice Chairman Lantz questioned Mr. Bumpus:
Q. Are you still doing a/c work?
A. No, I'm not. I'm doing service and Home Watch—I have a Home Watch
business.
Q. You're only doing a/c service?
A. Yes.
Q. Not the kind that needs a permit?
A. Right. Preventive maintenance and repair work.
Q. So, in all reality, even if we revoke his permit-pulling privileges, he's not going to
do anything.
A. No, basically ... I said my son left almost two years ago and I haven't done any
a/c. I'm just doing preventive maintenance, warranty work—the product I sell
has a 10-year warranty.
Chairman Boyd: In all honesty, I never thought you'd get it done in 60 days.
Jeffrey Bumpus: I really thought I could but ...
Terry Jerulle: I would have thought he would have had something done ... he has
done absolutely nothing in sixty days except get insurance.
Patrick White: And file the 20 applications.
Richard Joslin: But none of them have been finalized—right?
Jeffrey Bumpus: I haven't done anything except email the application ...
Chairman Boyd: And it may be a week or two before you hear back.
Jeffrey Bumpus: Normally it's two days.
Chairman Boyd: Reggie, can you confirm that he has submitted the 20?
Reggie Smith, Contractors' Licensing Compliance Officer: Of the 20 referenced,
in my recent research, I found 17 ... which is close. However, the information I need
to provide to you would be that most of those 17 that were applied for on an extension
form for Collier County Permitting were for void permits. And that can't be done—
you cannot extend a void permit. You must re-apply completely when a permit is
void. So out of the 17 that I found, 15 were for void permits and 2 were for expired
permits which would be allowed to go through.
Jeffrey Bumpus: Why were they void if they are expired permits?
Reggie Smith: These were permits that were so old that they ... that, as the Collier
County Chief Building Official explained to you two months ago,the process of how a
permit becomes expired, and then after that—after so many days, it becomes void.
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May 16,2018
Chairman Boyd: In the old computer system.
Reggie Smith: It just depends on how old the permit is.
Patrick White: How many days before it transitions from expired to void?
Reggie Smith: If you look at Page 40 from the minutes ...
Patrick White: Yes—I just want it on the record.
Reggie Smith: this is the record from March 21st, at the bottom of Page 39, begins the
statements of Jonathan Walsh, Collier County Chief Building Official. If you'd like
to read that ... I believe it says "thirty."
Evy Ybaceta: For the record, yes. On Page 40, per Jonathan Walsh's testimony, it
does say thirty days.
[Excerpt from the March 21, 2018 Minutes:
"... the permit has expired... you have 30 days to address it or it will
go into a "void"status. If there are any pending fees on the permit and
they are not paid, your license will be place on "hold. " It is basically a
warning. If nothing happens during the 30 days, the status of the permit
is changed to "void."]
Patrick White: I think that's the answer, Mr. Bumpus, thirty days.
Jeffrey Bumpus: I've done permits that were four or five years old for other
contractors and all I did was an extension form. Before, we had to submit a letter
asking—this time they have a new form that just says, "Extend Permit." If they're
void, that means they don't need to be inspected—correct?
Patrick White: That means you must apply for a new permit to get the inspection.
Jeffrey Bumpus: But we talked about the old permits were going to be under the old
Codes at the time and the efficiency ratings at that time.
Patrick White: And I believe that the standard for the new permits would relate back
to those.
Jeffrey Bumpus: Okay.
Patrick White: That's my understanding, but I'm not the Chief Building Official.
Reggie Smith: That information is also explained on Page 40.
Richard Joslin: I'm not one to stick up for the County but I know for a fact that, as a
pool contractor, I've had permits that were probably 25 years old that never got
inspected for some reason ... even though I thought they were ... and I was just able to
go in and re-apply ... basically call for a final inspection to be done. It was done
through the director of Collier County.
Reggie Smith again referenced Mr. Walsh's comments on Page 40 of the March 21st
minutes.
Richard Joslin: So, it is possible, I suppose.
Chairman Boyd: And how many actual voided permits do you have—was it 60 or
was it 43?
Jeffrey Bumpus: They are all over two years old, every permit there.
Reggie Smith: In my original case, there were 15 voided permits. And then,before
the March 21'Hearing, I did find more void permits on record and many more expired.
I think the total for expired and void permits was 44.
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May 16,2018
Patrick White: Here's what I'm thinking—I may be wrong—but it seems to me that
you made an effort.
Jeffrey Bumpus: Yes.
Patrick White: An honest effort. It may not have been the most diligent ...
Jeffrey Bumpus: Right.
Patrick White: But I'm here to say that as long as you're going to keep your foot on
the gas pedal, I'm not adverse to giving you the time to get it done because I think
that's in the best interests of not only the consumers ...
Jeffrey Bumpus: ... the homeowners ...
Patrick White: You're third on my list—consumers are first, the County is second,
and the contractor is third. It seems to me that if I triangulate those three things—at
least for my vote—it makes the most sense to extend the time for you to do this but
with the stipulation that you'd have weekly reports to make to the Contractors'
Licensing Office to review the status. And if the Staff is willing to consider that, then
I'd be prepared to put it in the form of a motion. I don't know what Staff's perspective
is on committing resources to work with this gentleman on at least a weekly basis to
monitor him.
Evy Ybaceta: I can agree to that.
Patrick White: Right.
Richard Joslin: Also, one other thing, Mr. White—I would like to say ... you've
already had a problem with your Workers' Comp policy that you thought you had but
was cancelled ...
Jeffrey Bumpus: Right.
Richard Joslin: I think I would like to see something in writing or an active policy ...
Jeffrey Bumpus: Okay.
Richard Joslin: Because it could be cancelled—that's how it happened before.
Jeffrey Bumpus: Right.
Patrick White: But to get the re-applied for permits, you would likely have to
demonstrate either the exemption or the Certificate of Insurance.
Evy Ybaceta: He would need to be active in our system so, either way, yes.
Richard Joslin: But that could be a matter of days or a week—if they cancel him for
whatever reason—so something that would be concrete ... he paid in advance ... so that
suddenly, he couldn't get a permit.
Patrick White: Let me ask it a different way: Is the County ever notified of a
cancellation of an insurance certificate?
Evy Ybaceta: No.
Patrick White: So, his circumstance is no different than any other contractor whether
he demonstrates an exemption or a Certificate.
Evy Ybaceta: I would ask that if we're going to do this and—yes—he does have a list
of voided permits ... some of them have money owed ... I know we have not put in a
final Order on this, but the money needs to be paid back to the County.
Patrick White: Are you referring to permit dollars or inspection dollars ...?
Evy Ybaceta: Yes.
Patrick White: Understood. I would think that it would be part of the administrative
process regardless. If it's not, now is the time to say so.
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May 16,2018
Richard Joslin: Isn't it when you call in for a final inspection, before you can pick up
the CIO on the permit, you must pay the inspection fees on it?
Evy Ybaceta: That is correct, yes. Again, there may be some permits that ...
Jeffrey Bumpus: There are four permits that didn't go through the final inspection ...
the Fire Inspector failed them at review, so they aren't paid for.
Evy Ybaceta: While they were still under review, they did incur some fees. These are
the fees that I'm talking about and, at a very minimum, I would like the County to
collect them or try to collect them.
Reggie Smith: I have a recent list made up by Joshua Lenio, Administrative
Supervisor, in the Permitting Department,provided to me yesterday of just the voided
permit fees that are still pending and by my count ...
Patrick White: I apologize for interrupting, but I want the information to be accurate
... would that be the 15 that were reviewed, or would that be the totality of 44 that are
void?
Reggie Smith: That's the original 15.
Patrick White: Okay.
Reggie Smith: And these are only the void permits—not the expired permits—and the
total by my count is $704.00 in pending fees.
Patrick White: And as to the other 25 that the County has not yet analyzed?
Reggie Smith: I don't have a report on any of the expired permits. But I would agree
with the Board Member Joslin that before you can finalize a permit, all fees must be
paid before they will issue a CIO.
Jeffrey Bumpus: The $700 in fees—that's the four permits? There's a$250 fee for
filing review and then the $100 permitting review.
Reggie Smith: Seven of those 15 permits have fees pending, totaling $704.00. And
moving forward, if the Board decides to grant more time for Mr. Bumpus to accomplish
this, I would reiterate to him, once again, the process that this needs to take for the void
permits. These are not extensions. He needs to work closely with Joshua Lenio who
does this with hundreds and hundreds of contractors—with the massive dilemma that
we have with expired and void permits in Collier County.
Patrick White: I would characterize the dilemma as a market opportunity for a variety
of professionals—I've seen it first-hand, multiple times. But the point is from our
perspective as a Board and looking to ensure protections for consumers—whether they
are buyers of real estate or otherwise—that the contractor closes out the permits. I wish
there was more specific information about the other 25 permits relative to which of
them are void, which are expired, and which of them may or may not have fees. I
believe we are at a point where we could make a motion, with conditions, to extend the
time.
Terry Jerulle: Won't he be back here talking about the same thing—thirty days from
now—sixty days from now—ninety days from now?
Patrick White: And what's the alternative?
Terry Jerulle: Let's just tell the State that we think that his license should be pulled.
Patrick White: And what happens to the people who don't have those inspections?
Terry Jerulle: The same thing that's going to happen anyway because nothing is
going to get done.
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May 16,2018
Patrick White: If I honestly believed that, I wouldn't be interested in having this
conversation.
Reggie Smith: A lot of these homeowners are up north now and you're not going to
have access into the condos or homes to inspect them.
Patrick White: Understood. And I think there were statements on the record under
oath that he's made contact. He may not have made the County's administrative piece
of this very effectively, but it sounds like he understood the process of contacting unit
owners, the residential owners, and taken the steps—whether it's through Home Watch,
or being given keys, or people being present, and so ...
Richard Joslin: It's kind of a Catch-22 ... getting himself into a situation where he
can't get into the home to get it inspected—how would an Inspector get in to inspect it?
Again, I'm not on his side, but I'm saying that he has, I guess, demonstrated some type
of wanting to get this handled but if he doesn't have communication with the
homeowner, everybody's hands are tied—aren't they?
Reggie Smith: I would agree.
Patrick White: But the probability of getting communication with the homeowner, if
it's not this "contractor," and if it's someone else who is a substitute and gets involved
with that process, is even more remote. That's why I'm saying—from a consumers'
perspective—it makes more sense to me to put him in a position to keep his word and
do a better job of it by monitoring his progress. In a sense, the weekly contact with the
County sounds like it would be with the Operations Coordinator. If there are issues that
are not being resolved timely, it will come up the chain either to you or to Evy and we
will know.
Reggie Smith: I have no problem working with Mr. Bumpus on that. I would just
request that the Board have an open mind with these 44 permits—you won't see the
final one be inspected until probably November or December by the time all the folks
come back ...
Patrick White: And I don't have any illusions that when we may be putting a chain on
this, in a sense, on this to monitor it but—given the alternatives—none of them are any
better. And if we can do this in a more formal way, through reports and not necessarily
having Mr. Bumpus appear,that kind of works for me. But I want to be comfortable
that Staff—not only in this instance but more generally—is operating under the kind of
set policies and procedures where these things are being worked through the system
itself. It sounds like the County's resources are being committed to getting it done and
to understand what's going on out there in the market. It is a bit of a"cottage industry"
especially for condos.
Terry Jerulle: But what is the cost—you said 17 permits must be renewed or pull new
permits?
Patrick White: Fifteen out of 17 must be re-applied.
Reggie Smith: Mr. Bumpus filled out extension forms in early May for 15 out of 17
which will be denied—they are denied. They will need to be re-applied for ... I don't
know the exact price of a permit—he's essentially starting all over.
Board members asked about the price of the permits. It was noted the fee to submit an
extension form was $100.
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May 16,2018
Reggie Smith: I can tell you on the extension forms that were filled out, there has been
no payment thus far. They get reviewed, they get put in the system, and then Mr.
Bumpus will receive a payment schedule in the mail.
Jeffrey Bumpus: They email a payment schedule—you bring it in, pay it, and they
give you the permit. That's why I'm saying ... the re-up fee is $100—that's what it
used to be. And the permit itself is $110, $112, or$103 ... it's all on the value of...
there's no big difference in the money ... that's why it's just a paperwork thing.
Patrick White: From your perspective, Mr. Bumpus, what we're talking about is from
a cost perspective—past fees, fees that would be added on for re-applications and
inspections, etc. Those are all things that you understand the magnitude of...
Jeffrey Bumpus: Yes ...
Patrick White: ... and are prepared to bear?
Jeffrey Bumpus: ... yes ... it's coming out of my pocket, yes.
Evy Ybaceta: Richard Noonan who was the Acting Building Official and used to be a
Mechanical Chief who dealt with HVAC and other permits—he may have some
information as to how much the fees would be for some of the new permits for air
conditioning.
(It was noted that Richard Noonan was sworn in.)
Richard Noonan: For the record, Richard Noonan, Collier County Building
Department—Inspector and past Chief Inspector. A new Fee Schedule has come in ...
I'm not—I don't know the current fees, but Mr. Bumpus is correct ... all permits are
running right around $100 as before and I think maybe they may be cheaper now. I just
don't know for certain. The applications are the same—as it has been stated, you
submit the application—it's a two to three-day turnaround—he will receive an email
stating it's ready and the payment slip, he comes in to pick it up and off he goes.
Richard Joslin: Thank you. And the re-application portion of this—is this something
—is he going to have to furnish all the technical information ...
Richard Noonan: No ...
Richard Joslin: ... or just a re-application and pay the fee and get the inspection?
Richard Noonan: What I remember—and the policy may have changed since I've
been in the field and not in the office anymore—when somebody's permits are under
the old Code system ... as what has happened here ... we apply the Code that was in
effect at the time when the equipment was installed ... and that's what we inspect to.
Patrick White: Under the void permits that he must re-apply for the new permits, it
would be the old permit date that would be used roughly as the Code requirement.
Richard Noonan: In our system, it comes up when they apply for another permit ...
there are letters in front of the permit numbers and that tells us it is under the old
system and, if I'm not mistaken, it may even have that old permit number—when it
comes up on the computer, we know immediately we are dealing with an old permit
and old Codes and old requirements.
Jeffrey Bumpus: The new application is going to ask for physical—the size of the unit
--- model and serial numbers of the new and the old ... that's going to create a disaster if
I must fill out new applications for every unit. If they could bring it up ... I don't know
how ...
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May 16,2018
Richard Noonan: Under the old system, we didn't require the model numbers, we
didn't require the serial numbers ...
Jeffrey Bumpus: Yeah, but when the Fire Department re-wrote the application for the
permits ...
Richard Noonan: When was that? In 2010 or 2014?
Jeffrey Bumpus: 2014. Okay, everything they asked for were all fire questions—does
the building have alarm systems ... does it have ...
Richard Noonan: I understand, but under the permits you are dealing with, you don't
have "Fire." You can go with the old one—reference the old permits—reference the
old size and go from there.
Jeffrey Bumpus: If we can get that information without me running around and
checking everything ...
Evy Ybaceta: Usually that information is in the Records Room—we do keep those
records safe—you can go to the Records Room and ask for them. They could make
copies of them for you.
Richard Joslin: That would be listed on the old permit—correct?
Evy Ybaceta: Correct. It would be part of the packet for the permit you are pulling.
Patrick White: But you can only find it in Records.
Jeffrey Bumpus: It would drag me down.
Patrick White: Honestly, Mr. Bumpus, the commitment of time, over whatever period
of time that we will give you—if we do—needs to be more than what you have been
able to commit so far.
Jeffrey Bumpus: I've got from now until basically June 18th and then my liability runs
out and there's even more issues, so ... (mumbled)
(Richard Joslin asked Mr. Bumpus to repeat his statement)
Jeffrey Bumpus: My liability policy runs out in June ... on June 18th ... and if I don't
renew it, then I—you know—that runs out, so I'll be running into that issue. Shouldn't
be a problem to renew my liability.
Richard Joslin: Okay. That's what I wondered.
Jeffrey Bumpus: Right.
Patrick White: The part I don't understand ... your state of mind is you"guess" you
have to ...?
Jeffrey Bumpus: No—I know, I have to get it done.
Patrick White: That more affirmative stance is what I'm really hoping for—not only
in words but ...
Jeffrey Bumpus: I was hoping to extend permits, not have to re-apply for permits
because if they're void, they're void ... they're not there no more, you know?
Patrick White: Let me tell you how it works ...
Jeffrey Bumpus: I know—I see it.
Patrick White: Okay.
Chairman Boyd: Does anyone want to make a motion—anymore discussion?
Patrick White: I'm prepared to make a motion, Mr. Chairman.
Patrick White moved to approve extending the time currently granted by another
sixty days with the condition that Mr. Bumpus is to provide weekly reports to
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May 16,2018
and contact with the County's Operations Coordinator on the status of the void,
expired,pending, and new permits so we may have tracking on all forty-four. All
previously unpaid, outstanding fees will be paid in addition to current permit,
inspection, and other fees.
Jeffrey Bumpus: That's a lot—does that include the $704?
Patrick White: Yes, it does, and that would be sixty days from today. Mr. Bumpus,
just so you understand, I'm not likely to be here in two months.
Jeffrey Bumpus: Okay.
Richard Joslin offered a Second in support of the motion.
Richard Joslin: Also, the insurance policy?
Patrick White: He's going to have to keep that in force.
Richard Joslin: We're going to have to see a liability policy.
Vice Chairman Lantz: I think that's all in the permit process. We don't care about
the liability policy if he's not doing the permits wrong.
Richard Joslin: Right but it's in the middle of June ...
Vice Chairman Lantz: I get it—I get it.
Chairman Boyd: We have a motion and a second on the floor. Any discussion on the
motion?
Discussion:
• Reggie Smith: I just had a question concerning Mr. Bumpus' comment about
his company being a"d/b/a." I have him down as "Northern Breeze Air
Conditioning, Inc."
• Jeffrey Bumpus: That's the way it is, but when I signed up with you guys, it
has to be the way it is in your records. I incorporated back in '96 and never
changed my State license. My accountant ...
• Reggie Smith: He could become Workers' Comp exempt ...
• Jeffrey Bumpus: I tried to deal with the State—I have a 40-page application
and it's all over—they don't grandfather anything. One lady I talked to said to
send the papers and I sent the papers—they sent me back a rejection and I
needed 40 pages to start all over again. I've been in business since '93 —I
incorporated in, I think, '95 or '96 and we never notified the State, so it's Jeff
Bumpus doing business as ... and when I brought in the insurance policy, the
County turned it down because of the way they have it in the computer ...
Reggie sent me the paperwork and said everything was turned in ... it was all
done. But it reads in the filing: "Jeff Bumpus doing business as" so my
insurance company set up all the policies that way. It was rejected and re-sent.
It took me two or three weeks and the head of Reggie's department gave me
some leeway and I got it re-done because I had it online. I don't remember
when that way.
• Patrick White: I understand what you're saying but it sounds like the County
may be able to help you out relative to what the records show to simplify things
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May 16,2018
for you and it could reduce your costs. That, to me, increases the probability
that you will pay the back fees and get the work done.
• Jeffrey Bumpus: I just spent $4,000 on Workers' Comp so any help would be
good.
• Reggie Smith: For the record, the County is not telling Mr. Bumpus either for
his policy or ...
• Patrick White: Understood. Those are the administrative details that you can
work out.
• Jeffrey Bumpus: Can I ask—who do I meet at the County? Do I go to you
with everything?
• Reggie Smith: For the permitting—it would be Joshua Lenio, but I will go
back over that with you in detail.
• Jeffrey Bumpus: Okay.
Chairman Boyd called for a vote on the motion.
Motion carried, 5— "Yes"/1 — "No." Mr. Jerulle was opposed.
X. PUBLIC HEARING:
(Note: The individuals who testified in the following cases under Item X, "Public
Hearings,"were first sworn in by the Attorney for the Board.)
A. Case#2018-07: The Collier County Board of County Commissioners vs.
Stephen Purciello—Misconduct of a State-Certified Building Contractor
(Stephens Remodeling Co., d/b/a Certapro Painters of SWFL)
(License Number: CBC 1250129)
Chairman Boyd: We used to have a set way of conducting the Public Hearing. I
don't have the instruction sheet.
Evy Ybaceta: I will make sure I get it to you.
(It was noted that a conversation between the Chairman and the Board's Attorney was
off microphone—their comments were not on the record.)
Richard Joslin directed his comment to the Board's Attorney: A little louder, please.
(The microphone for the Board's Attorney was not turned on and his comments were
not on the record.)
(The microphone was turned on. The comments from the Board's Attorney were
recorded in progress ...)
Jed Schneck, Attorney for the Board:
• ... these formal Rules of Evidence will not apply to these proceedings, but
fundamental fairness and due process shall be observed and shall govern the
proceeding.
3. Any of the Board Members may also question you.
4. The Chairman may conduct the proceedings.
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May 16,2018
5. At the end of the Hearing, the Board may make a Finding of Fact based on the
record and Conclusions of Law.
6. In addition, they may impose disciplinary Sanctions against you and your
contract if warranted.
The Chairman: Would the County like to present its case?
Jack Gumph, Contractors' Licensing Compliance Officer: I would like to present
the case file that you received into evidence.
Patrick White: Is that a request to admit it into evidence?
Jack Gumph: Admit it into evidence, yes.
Patrick White first moved first to approve opening the Public Hearing, and second,
moved to admit the information packet submitted in Case #2018-07 into evidence as
the County's Exhibit. Terry Jerulle offered a Second in support of the motion.
Carried unanimously, 6—0.
Jack Gumph presented the County's Opening Statement:
• On May 6, 2017, a complaint was made by Loren G. Mealey, the owner of
One Bluebill Avenue, Unit#203,Naples, Florida, regarding a contractor who
performed work on her condominium.
• The contractor of record was Stephen J. Purciello of Stephens Remodeling Co.
who failed to comply with permit regulations pertaining to interim and final
inspections.
• The homeowner claimed the delays were ongoing for many months and stated
the renovations were completed only after she obtained legal counsel.
• Interim inspections were conducted by a private contracting firm—she was
present for only one inspection.
• The interim inspection reports were not submitted to Collier County.
• Stephens Remodeling Company is an active corporation conducting business
within the State of Florida. Stephen J. Purciello is the Qualifier and holds a
State Certified Building Contractors license (Number: CBC 1250129).
• Stephen J. Purciello is also the holder of a Collier County license (Number:
LCC 201440003154).
• On April 4, 2016, a building permit was issued to Stephen J. Purciello to
complete the remodeling of a bathroom.
• After researching the permit on May 6, 2017, Mr. Gumph noted the status of
the permit was listed as"expired."
• Mr. Gumph contacted Mr. Purciello by telephone to advise him that a
misconduct case had been initiated against him, and of the expired status of
the permit and the Code violation. Mr. Purciello stated he would resolve the
matter.
• On October 24, 2017, the permit was in expired status. I drafted a letter which
was sent to Mr. Purciello advising him that he had until November 24, 2017 to
resolve the matter.
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May 16,2018
• On November 20, 2017, a telephone message was received from Mr. Purciello
who stated he had reactivated the permit and would resolve the issues.
• On February 18, 2018, the permit had again expired.
• The initial permit expired on 10/02/2016 and was reactivated for the first
extension on 12/30/2016. The first extension expired on 03/31/2017. The
permit was reactivated and issued a second extension on 06/28/2017 which
expired on 09/27/2017. The permit was reactivated and issued a third
extension on 11/16/2017. The third extension expired on 02/18/2018.
• All extension had failed: the framing and electrical rough. The permit was
never completed or inspected, and there are outstanding fees of$200.
• On April 10, 2018, a Notice of Hearing was issued and sent to the contractor
via certified mail.
• The permit remains in expired status.
• The homeowner who is present stated the issue has not been resolved.
• Chief Building Official Jonathan Walsh has declared this is a violation of
Collier County Ordinance 90-105, as amended, Section 22-201.1(2):
"Willfully violating the applicable building codes or laws of the State, City or
Collier County."
Patrick White thanked Mr. Gumph for presenting the most detailed Opening
Statement he had ever heard—"no kidding, I am very happy."
Chairman Boyd asked the Respondent, Stephen J. Purciello, if he had an Opening
Statement to present to the Board.
Stephen J. Purciello, Respondent,presented his Opening Statement:
• He apologized to the Board and to Ms. Mealey.
• He stated he has been a contractor for almost 20 years.
• About three years ago a family member became ill and recently passed away.
Caring for the individual took a great deal of his time, energy, and resources at
the time when the renovation was going on.
• Contracting requires a diligent oversight effort and attention to detail but due
to the personal situation that he was in at that time, he was not"on the ball" as
he should have been concerning monitoring his employees.
• He hired a private inspection firm but did not oversee their activities as he
should have.
• He again apologized that his personal family problem affected his ability to
conduct his business effectively. He further stated he had taken great pride in
being a contractor and helping customers out of the same situation that he now
finds himself in before the Board.
• He reiterated he always tried to do thing the "right way."
• He stated he is very embarrassed by his conduct and states that, if given the
opportunity moving forward, he will be a better contractor in the future.
• He admitted the issues should never have arisen and feels very badly for the
homeowner but, given his track record over the years, this is not who he is.
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May 16,2018
• He further stated that while he let his personal issues affect his professional
life, it was not an excuse—it was a fact.
• He asked for leniency from the Board and promised to resolve the matter
"very quickly."
• "It just requires diligent focus. I was new to the private provider world—it
requires additional oversight to their activities and their follow-up—with my
interaction with the County to make sure things are filed—that was nobody's
responsibility but my own and I failed, and I apologize."
Patrick White commented: Mr. Purciello, that was probably the most complete,
contrite, and I believe well-considered and sincere admission of a violation that I have
heard in all my years on this Board. I appreciate it—let's see where it takes us.
Chairman Boyd questioned the Respondent:
Q. Do you have a plan moving forward to take care of this?
A. Yes, sir. My plan is to meet with the private provider—they're active, obviously,
I don't ... because I was "new"when I used them, I don't know if there's an
extrication process available to give the permitting process back to me. I need to
meet with them or someone from the County to find out if I move forward with
them or back with the County—I don't know that answer. But my starting point
is to meet with the private provider and find out exactly where we are and what
we need to do to complete the inspection process.
Patrick White: My suggestion, sir, would be to review the contract you have with
them—you may have termination provisions in it.
Vice Chairman Lantz questioned the Respondent:
Q. Why are we—it's May 16th—so why are we still talking about this? You suddenly
have a plan that you're going to start working on when this was a couple of years
ago and Mr. Gumph has been talking to you. The final letter was in November and
he started talking to you, what—a year ago?
A. Yes.
Q. So, why are we—a year later, and now you suddenly have a plan ... you haven't
really done anything about it, but you thought about a plan? What happened in
that year?
A. I want to thank the Board for having this Hearing—it was a wake-up call to me.
The .... one of the ... this is very personal, and it feels out of place in this Hearing,
but one thing about MS and dealing with this, is there were time-lapses ... and the
diligence in maintaining oversight ... it sometimes takes a cataclysmic event to
wake you up ... to say, "You're going to lose everything if you don't get moving."
When there's a lot of stress and you're going to therapy, your energy levels are
very low. Usually, when I was a contractor for many years, at night was when I
would do my administrative ... you know ... catch up on permits, catch up on
phone calls ... something about going through this process, I wasn't able to focus.
I'm dealing with a therapist now. While I could get through my work day, at
night, the administrative tasks required in this business, as you know, are more
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May 16,2018
important sometimes in the daytime activities because you realize I have to
schedule this inspection, I have to ... that fell by the wayside. And it took I think—
you know—Mr. Gumph has been very patient with me and Ms. Mealey. It's really
been a process in the last two months since the death to say that I need to restart
my life ... my professional career. I just can't ... I have a responsibility to the
homeowners and to the County, and I need to go back to who I was. I was a very
effective contractor for a long time and I lost that ... and I apologize.
Q. How many jobs do you have going on right now?
A. I'm in the process of closing out what I have—I've been doing a lot of
construction after the storm,private stuff. I made a conscious effort, when all of
this was going one, to drastically reduce my workload and finish up small items—
not that this is small—but these items—housecleaning—before I move forward.
Q. Do you have any employees?
A. It's just myself right now.
Q. How many active permits would you say you have? How many expired or void or
anything?
A. There are three expired and I met with a homeowner a couple of weeks ago—one
of them, the inspections were completed but, sadly, I never followed through on
the C/O. I have these three that I need to clean up. They all happened in the same
12-month time.
Q. Three including this one or ...?
A. No, including this one. And they will ... licensing is a privilege that can be taken
away. So, these are the things—this is my first order of business. Clean these up
and then move forward. I have confidence in my ability—I'd lost confidence in
my ability to get back to what I was but I'm regaining that ... it's my livelihood ...
it's what I do.
Q. So how do you—with this job, you had a private provider?
A. Yes, sir.
Q. Doing the permitting as well as the planning and inspections?
A. The planning review was done with the County—they were just responsible for the
inspections. That's the first order—to meet with them and find out where we are.
Evy Ybaceta: For the record, it was Elite Contracting ... I believe was there name?
A. Yes.
Evy Ybaceta: I did speak with them and they said that they did two job-site
inspections and they did try to contact the gentleman but, at that point, did not get a
response.
Richard Joslin: What was the contract for?
Evy Ybaceta: I believe—yes—the results of the inspections. I believe the first two
inspections did fail, yes.
Richard Joslin: The work has been done to the homeowner's satisfaction, right??
But the work has not been C/O'd yet? I'd like to ask the homeowner that?
Vice Chairman Lantz: If it hasn't been inspected then it's not up to Code. It's
difficult to inspect the rough when it's covered up.
Patrick White: For the Inspector's satisfaction, my understanding is they would
require openings to be made at various points to establish that the Code had been
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May 16,2018
complied with relative to the framing and the electrical rough-in, and whatever
openings and repairs that would be needed to the walls or ceilings or floors—
whatever the case may be—would be borne by the contractor to the satisfaction of the
unit owner or the homeowner.
Vice Chairman Lantz continued to question the Respondent:
Q. Do you have videos or detailed pictures or something like that?
A. That is confusing to me because one of the inspections that I was there for—was
the electric rough-in—and I was told at the time by the Inspector that it had
passed. That's confusing to me if that is the case.
Chairman Boyd: Do you have a time frame, Mr. Purciello, of when this will be
taken care of?
Stephen Purciello: I don't think that I should need any more than 90 days. At this
point it's my responsibility to clear this up as speedily as ...
Vice Chairman Lantz: Is that for all three or just this one?
Stephen Purciello: Yes, for all three. I need to get this done and I would appreciate
the opportunity to get it done.
Chairman Boyd: Right now, the only one that we are considering is this one.
Patrick White: Does the time frame shorten from 90 days to something less just to
deal with this case? Could it be 60—45 —30?
Stephen Purciello: My only hesitation is that I've never been through this before
and I don't know what exactly is involved and I don't want to fail the homeowner or
the County again.
Patrick White: I understand, and we don't want to see you again either, trust me.
But on the other hand, at this point we do not know—because we have not heard from
the homeowner—what her concerns are—what inconveniences she may have or what
assurances she may need. I don't know if it's prudent at this point to have that
testimony or not.
Richard Joslin: I would like to hear from the homeowner.
Loren Mealey was called to the podium and was sworn in.
Richard Joslin: Ma'am, can you testify to the Board that the work that has been
done so far is satisfactory to you and that everything is working as it is supposed to?
Patrick White: Would you mind putting your name and address on the record?
Loren Mealey: Loren G. Mealey and I own the property at One Bluebill Avenue,
Unit#405,Naples, Florida. I have a tenant in the unit now.
Richard Joslin: You rent the unit out?
Loren Mealey: I am renting the unit to a tenant.
Richard Joslin: The one thing we're talking about here is that everything has been
done and completed but there's been no C/O or final inspection? Inspection fees may
be out there?
Loren Mealey: I thought that the inspections were proceeding. I had met one or two
of them at the time and if something wasn't right, Steve re-did it,to his credit. And to
hear that it has failed is really shocking to me. Because it was a basic renovation—
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May 16,2018
a bath to shower conversion with no change in faucets or anything. It was a very
simple glass wall—there was nothing added. It's a rental for me. Also, the longer
that it took,the simpler the project became. It was just, "Let's do this and keep it
simple."
Richard Joslin: Walls were not removed or changed? Plumbing wasn't moved?
Loren Mealey: No. That all remained in its original place. And the shower was
added instead of the tub and just a one-half glass panel. There was not even a shelf
put in—just a tiled wall.
Vice Chairman Lantz: Was this a house or a condo?
Loren Mealey: It's a condo—a one-bedroom.
Chairman Boyd: Has he been paid in full?
Loren Mealey: When we were encountering the problems ... initially when we spoke
in the fall of 2016, I asked if the work could be done by Christmas? He said, "We'll
try." So, I knew then that it probably could be a few more weeks after Christmas.
And then it went on—in the end, it was 18 months. During that time—I reside in the
Netherlands and I have two condos in the building. I had to take one of them off the
market so I could live in it and monitor the situation because this apartment was no
longer livable. The bathroom had been demoed and I couldn't stay in it. It became
quite an ordeal for me—I no longer had an income from it and I was living away
from my husband. He's there and doesn't know what's happening—it was really
quite a life event for us. To Steve's credit,he said, "You want me to get this done—
stop paying me ... I will do the job." I put about two-thirds into it. He said, "Pay no
more, I'll get the job done." There was a time when I hired an attorney to move it
along even though Steve would always take my calls. Steve and I have a professional
relationship in which I reach out—I'm concerned—I complained—I complained
fiercely—he takes my calls. I was always under the impression that we were moving
along. But then, we wouldn't be. Then I decided to hire an attorney to get it going.
At one point I said that I would pay for the granite tops because I had to move on.
But Steve said he had them ordered. There were times when I wanted to step in and
get it done and he did—he got it going and then it would fall short again at another
stage of the process. My attorney found it odd that he had skipped away on me. He
stands there—he is contrite, and he was that was with me. My renovation cost him
money, and my husband and I know that. He did what he could—I don't understand
the delays completely but that is the truth of the matter. I want my Certificate of
Completion—I want to do the right thing. I want to have the opportunity—if I have a
tenant who wants to buy my place—to have a chance to sell it. And I'm again in this
situation, two and one-half years later where I'm still not finished. I just want to be
finished.
Patrick White: Specifically, to achieving that end, is your tenant going to in the
premises over the next 90 or 60 days? For access?
Loren Mealey: Yes. The lease is until September 30t. I don't know his plan—I
won't know until two months before the end of the lease. Typically, since my place
is furnished, people come and stay—see what they want to do in Naples and then
move on. I've never had anybody renew a lease. I don't know how disruptive it
would be to do these inspections.
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May 16,2018
Patrick White: It would depend on the degree to which you may have other
documentary evidence in the form of photographs or videos or drawings or affidavits
from the folks he has hired. That's a conversation between the contractor and the
County.
Loren Mealey: Okay.
Patrick White: It may be minimal, if any.
Loren Mealey: Right—okay.
Richard Joslin: Or if those pictures or videos aren't available and there have to be
some openings made, is this going to interrupt your renter?
Loren Mealey: I would think that, given the circumstances, I don't know all the
details on tenant law, but I would imagine that there's a certain amount that they
would have to allow. And, of course, that needs to be cleaned up—it needs to be
satisfactory—electricity needs to remain, lights, etc.
Patrick White: They would literally do it all within the same day.
Loren Mealey: Okay—then I think they would be amenable or believe that they
could be compelled to be amenable under the circumstances.
Richard Joslin: The only worst-case scenario would be if it didn't pass inspection.
You won't know that until you look at it. At any point did that other on-site company
that came to do the inspection advise you that some of the inspection had not passed
or ...?
Loren Mealey: No.
Patrick White: They have no duty to her.
Loren Mealey: No—the gentleman came and left—we had no conversation. There
were times when, during this lengthy process, Steve had told me we were waiting for
an inspection and couldn't move forward until we had this part cleared. I was very
much under the belief that we were moving properly. There was nothing that led me
to believe that it was not going to pass or ... it was simple ... no. The only changes
that were made were to simplify ... like the ceiling --- it's the standard Florida
concrete ceiling with sprayed popcorn and I just wanted the two-inch drop ceiling.
It's not sophisticated at all in the design.
Richard Joslin: Are there inspections that are still outstanding.
Jack Gumph: It looks like all the inspections are outstanding. The first two were
failures but the others haven't been done.
Terry Jerulle: Mr. Gumph, do you know if there have been any other fines or
violations against this contractor?
Jack Gumph: I don't believe so, sir.
Patrick White: Would you agree with that statement, Mr. Purciello? Is it accurate?
The only thing I have a concern about is the time. I believe that ninety days is
probably way longer than it ought to take. I understand your concern about getting it
done and getting it done the first time. I would think half that amount of time would
be more than adequate to do everything that's been discussed and to minimize the
time that the client is at risk and the County doesn't have compliance. You don't
have the assurance of being where you prefer to be. I have a lot of empathy for you
and your circumstances but on the other hand, our duty is to this young lady and to
the County. If you don't think you can get it done in 45 days, I don't want to hear
that but ...
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May 16,2018
Stephen Purciello: I'll get it done.
Vice Chairman Lantz: I've done quite a few tub-shower conversations. Typically,
what happens is the floor is cut to move the drain—there's an interior slab in-fill and
what that is ... you have to pour concrete in that slab. I'm not the smartest guy in the
world but it's pretty darned hard to inspect that when it's already done and there's a
shower pan on top and ...
Stephen Purciello: I didn't have to do that—I did do a pre-inspection and we stayed
within the existing tub box so there was no slab disruption. We stayed within the
existing drain box that was there because it's in a high rise, so we tried not to touch
the slab.
Vice Chairman Lantz: So even though that's called out,that's not
Stephen Purciello: Yes, that would have been cancelled by the pipe we put on.
Terry Jerulle: This is a second level?
Stephen Purciello: Yes, sir.
Chairman Boyd: Mr. Noonan, I have a couple of questions.
Patrick White noted Richard Noonan had previously been sworn.
Chairman Boyd: If I'm not mistaken, he's already had two or three extensions, so
he'll have to file for a new permit—correct?
Richard Noonan: From what I understand, yes.
Chairman Boyd: Could that alleviate him having to go back to the private provider
and go to the County and if not, is 45 days sufficient?
Richard Noonan: If the inspections have not been done by the private provider, he's
going to re-apply to reinstate that permit and it's going to have to be done by the
private provider. The County won't take that liability over because we haven't seen
any of it.
Chairman Boyd: He is pretty much stuck with the private provider?
Richard Noonan: Yes, unless he wants to open a lot more walls.
Chairman Boyd: Does anyone else have any questions? Can we close the Public
Hearing?
Richard Joslin: I'd like to know if he thinks 45 days will be enough time for him to
finish his work.
Stephen Purciello: Does this go back for a typical review for the permit—how does
that factor into the time frame?
Richard Noonan: Yes, you will go through the entire process again so it's another
15 days with the County, minimum.
Richard Joslin: Once the 15 days is over and he has the permit,then he would have
thirty days to complete the work.
Richard Noonan: It would seem so, yes.
Vice Chairman Lantz: That fifteen days is fifteen working days—not calendar
days?
Richard Noonan: This isn't my business but with our workload the way it is right
now, if you want to give him a time frame, I would say after the issuance of the
permit because the County could take longer than 15 days. I would not add that into
his minimum time frame, I would give him after that.
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May 16,2018
Loren Mealey: May I ask why are we not continuing with the private firm who
began the inspections? I spoke with them and they said they understand that things
happen, but they would work with us if we chose to work with them. I am assuming
that they began their work and perhaps they weren't paid and then they didn't follow
up. I don't know. I don't want to speak for Steve, but I know that it was happening—
that things were moving—slowly but moving.
Vice Chairman Lantz: I don't think we're here to tell you ...
Loren Mealey: ... what to do ...
Vice Chairman Lantz: ... that's between you and Steve ... we're not going to advise
you on which way to ...
Loren Mealey: No, I understand ... it just seems that ... I would like to do it the most
expeditious way. I need to get this closed.
Richard Joslin: I am pretty sure that the private provider is the way that you will
have to go and will be the fastest way—otherwise all the inspections that were done,
that were passed,possibly, wouldn't apply. They have some things on record that
might be good.
Loren Mealey: Yes.
Richard Joslin: If you change, it's going to open a whole other can of worms.
Patrick White: Is there any issue regarding compensation for or your contract with
Elite?
Stephen Purciello: No, sir. I will meet with them. I'm just confused—the 45 days,
if that's what we agree upon—is that concurrent with the issuance of the permit?
Patrick White: Based on Mr. Noonan's statement, it seems to me that the clock
should start once you have a permit that you can work with. But I'm only one person
and we don't have anything on the floor to talk about.
Vice Chairman Lantz: I think that's something that we, the Board, will ...
Patrick White: Exactly.
Stephen Purciello: Understood.
Richard Joslin: That could be put into the motion—if there is a motion—as to when
he applies for it—within ten days, five days, tomorrow ...
Chairman Boyd: Does anyone else have any questions or Mr. Purciello or the
County? If not, I'd like to close the Public Hearing.
Patrick White moved to approve closing the Public Hearing. Richard Joslin
offered a Second in support of the motion. Carried unanimously, 6—0.
Patrick White: As far as the finding of a violation, I think the record is complete.
Patrick White moved to approve finding that the Respondent,Stephen Purciello, is
guilty of the violation as stated in the Administrative Complaint for Case #2018-17.
Vice Chairman Lantz offered a Second in support of the motion.
Carried unanimously, 6—0.
Patrick White requested the Board's Attorney outline the factors the Board may
consider and the options open to the Board.
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May 16,2018
Attorney Jeb Schneck: As a State-Certified Building Contractor, the options are
limited to revocation of his permit-pulling privileges or limiting his ability to pull
permits only under certain conditions. In addition to that, the Board can make a
recommendation to the State's Construction Industry Licensing Board("CILB") for
action.
As far as factors when considering the imposition of any Sanctions, the Board should
also consider all the evidence presented, as well as:
• the gravity of the violation;
• the impact of the violation on the public health/welfare/safety;
• any actions taken by the Respondent to correct the violations;
• any previous violations committed by the Respondent;
• any other evidence presented by the parties at the Hearing relevant to the
Sanctions which are appropriate to the case, given the nature of the violation
and the violator.
Terry Jerulle: Can we ask him to pay any administrative costs to the County?
Attorney Schneck: No, you may not.
Vice Chairman Lantz: Can we do a public reprimand?
Attorney Schneck: No, the Board is strictly confined when the Respondent is a
State-Certified Contractor to the revoking his permit-pulling privileges, limiting his
permit pulling privileges to certain conditions, and making a recommendation to the
CILB.
Richard Joslin: On the permits that he has outstanding or in process, can we allow
those to be completed and yet stop any new permits from being pulled?
Attorney Schneck: Yes,that's something you could do—that's less than a full
revocation but basically there would be some sort of condition on his ability to pull
permits.
Richard Joslin: He could finish the jobs that have not been C/O'd yet, but he could
not do any new work.
Chairman Boyd: Does anybody have any thoughts or ideas?
Patrick White outlined his suggestions concerning a possible motion:
• the Respondent is to re-apply for the permit within 10 days of the Hearing;
• the 45-day time frame commences upon issuance of the permit;
• Respondent is allowed to complete work on all existing permits (expired
and/or void)
• the outstanding permits must be closed out before any new permits could
be issued, and
• all permit pulling privileges will be revoked if the work on the condo in
this case was not completed within the 45-day time frame.
Richard Joslin: I would Second that motion.
Vice Chairman Lantz: The only reservation that I have is any recommendation to
the State—yes, no, indifferent?
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May 16,2018
Patrick White: I would withhold that—one of the things in my life experience has
been that victims don't recover. Whatever the impact of his personal issues upon his
business, it sounds as if he is working through them and he's in a place where that
process will continue. My expectation is he will return to his baseline and since there
are no prior violations or complaints against him, I'm not seeing the value of putting
the County in the position of requesting further action from the CILB. My belief is if
he is not going to deal appropriately with his other two permits, we will see him again
and that may be the time. I think it's not the right mix of incentives and cumulative
action. If nothing happens within the time frame, his permit pulling privileges will be
gone, regardless of the other two permits.
Chairman Boyd: Your motion is to re-apply for a new permit within ten days...
Terry Jerulle: Are we talking"business"days or"calendar" days?
Patrick White: I think calendar would be adequate, and it would be 45-calendar
days after the issuance of the permit to complete the work. While the County is
reviewing the application—whether it takes ten days or fifteen days, he will have
plenty of time to have conversations with the private provider to resolve all the issues
and be in a position to work with the tenant to arrange for any known inspections that
will subsequently occur. I think 45 calendar days is sufficient.
Chairman Boyd: There is a motion on the floor:
• ten calendar days to re-apply for the permit;
• 45 days after receipt of that permit to close it out and obtain inspections
and aC/O.
Vice Chairman Lantz: Can we change that from "receipt"of the permit to
"approval"of the permit—it can be approved but he could take six months to pick it
up. It's not automatically issued until
Patrick White: I will modify the language of the motion to state "approved by the
County"as opposed to "issuance."
Richard Joslin also approved the modified language.
Chairman Boyd: Anybody else—any questions or comments? If not, I'll call for
the vote.
The motion carried unanimously, 6—0.
Chairman Boyd: Mr. Purciello, you have heard what we laid out and what we
expect. We expect you to apply for a new permit within ten days, starting tomorrow.
Within 45 days after that permit is approved by the County, you will have the
inspections done and a CIO in hand. If you run into any difficulties, please contact
the Contractors' Licensing Office to make them aware of it.
Stephen Purciello: Thank you.
Chairman Boyd: Good luck to you.
Chairman Boyd asked the Members if anyone had anything to announce or discuss.
Patrick White announced he would not attend the next two meetings—he will be out of town on
vacation but would return for the August meeting. He apologized if his vacation plans would
make it difficult for the Board to obtain a quorum for the June and July meetings.
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May 16,2018
NEXT MEETING DATE: WEDNESDAY,JUNE 20,2018
BCC Chambers, 3rd Floor—Administrative Building"F,
Government Complex, 3301 E. Tamiami Trail,Naples, FL
There being no further business for the good of the County,the meeting was adjourned by
order of the Chairman at 12:30 PM.
COLLIER COUNTY CONTRACTORS'
LICENSING BOARD
MICHA BO ►, ha man
The Minutes were approved by the Chairman or Vice Chairman of the Contractors' Licensing
Board on 6, _ a ca ,2018, "as submitted" [/< - OR- "as amended" [ �
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