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CLB Minutes 09/19/2018September 19,2018 MINUTES OF TIIE COLLIER COUNTY CONTRACTORS' LICENSING BOARD September 19,2018 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 REGUIA.R SESS/ON in Administrative Building ttF," 3td Floor, Collier County Govemment Complex, Naples, Florida, with the following Members present: Chairman: Yice Chair: Michael Boyd Kyle Lantz Members:Terry Jerulle Richard Joslin Matthew Nolton Excused:Robert Meister Gerard Shannon Patrick White 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 1 Co er County COLLIER COUNTY CONTRACTORS' LICENSING BOARD AGENDA SEPTEMBER 19, 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. AUGUST 15, 2018 V. PUBLIC COMMENTS: A. VI. DISCUSSION: A. VII. REPORTS: A. VIII. NEW BUSINESS: A. ORDERS OF THE BOARD B. JAMES HINDS- REVIEW OF EXPERIENCE C. THOMAS VOSS- REINSTATEMENT WITH WAIVER OF EXAM D. MARC JIMESON - REVIEW OF EXPERIENCE AND CREDIT IX. OLD BUSINESS: A. JEFFREY BUMPUS-NORTHERN BREEZE - EXPIRED PERMITS UPDATE X. PUBLIC HEARINGS: XI. NEXT MEETING DATE: WEDNESDAY, OCTOBER 17, 2018 ADMINISTRATIVE BUILDING THIRD FLOOR IN COMMISSIONER'S CHAMBERS 3299 E. TAMIAMI TRAIL NAPLES, FL 34112 September 19, 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. ROLLCALL: Chairman Michael Boyd opened the meeting at 9:01 AM and read the procedures to be followed to appeal a decision of the Board. Roll Call was taken; a quorum was established; five (5) voting members were present. II. AGENDA- ADDITIONS. CHANGES o R DELETIONS: Richard Joslin moved to approve the Agenda as presented. Vice Chairman Kyle l-ant7 offered a Second in support of the motion. Carried unanimously, 5 - 0. IV. APPROVALoFMINUTES: AUGUST15 ,2018 Richard Joslin moved to approve the Minutes of the August 15,2018 Meeting as submitteil. Matthew Nolton offered a Second in support of the motion. Carried unanimously, 5 - 0. V. PUBLIC COMMENT: (None) VI. DISCUSSIoN: (None) VII. REPORTS: (None) Terry Jerulle moved. to approve authorizing the Chairman to sign the Orders of the Board. Matthew Nolton offered a Second in support of the motion. Carried unantmously, 5 - 0. 2 (None) III. APPRovALoFAGENDA: VIII. NEw BUSINESS: A. Orders of the Board: September 19, 2018 (N91!e: The indiviluals who testified in the following cases und.er ltem VII\ "New Business," were first sworn in by the Attorney for the Boaril.) B. James Hinds - Review of Experience (Painting Contractor) (d/b/a "JR Construction Pros, LLC') Chairman Boyd noted the Applicant was appearing before the Board for a review of his experience. He applied for a Painting Contmctor's License which requires 24-months of experience in addition to passing the required tests. He stated the Applicant had passed the tests. @aintilg Contractor: Score - 88%; Business Procedures: Score - 80%) James llinds stated: o He had been a Painting Contractor in Pennsylvania for approximately 3-Vz years, but testing was not required.o He obtained his experience from family members who taught him and working for property management companies. He also worked as a subcontractor for six months - "I picked it up quick." o He later became a G.C. ("Home Improvement Contractor"). He stated it was difficult to verify his experience since "I was my own boss." Chairman Boyd asked the Applicant if he had been licensed whi-le in Pennsylvania. James llinds stated a copy of his license was included in the information packet that had been provided to the Board. Vice Chairman Lantz: What were your gross sales? James llinds: About $80,000 a year il Pennsylvania. Vice Chairman Lantz: You had a licensed and you worked fulI time? James llinds: Five days a week - whole days, sometimes doing construction, rehabs, stuff like that. Chairman Boyd: You had a license as a "Home Improvement Contractor?" James llinds: Right ... which covered everyhing. Chairman Boyd: Which was valid until January of this year. How long did you have the license? James llinds: I believe it was a total ... to this January, it would be four years. It was about three and one-half that I actually did it. Richard Joslin: I find it interesting, this "Home Improvement Consumer Protection Act." Is this what they used? Jarnes Ilinds: Yeah, I was able to do electric, plumbing, flips - everything. And I came to Florida and it's, 1ike, restrictions on everything ... and I can't do anything so thought I'd start with paining. Vice Chairman Lantz: Personally, I have no problem with this. Chairman Boyd: If he was licensed in Pennsylvania for three or four years, he should be qualified to be a Painting Contractor. 3 September 19, 2018 Vice Chairman Lantz moved to approve James Hinds' application for a Patnting Contractor's License. Chairman Boyd offered a Second in support of the motion. Carried unanimouslt, 5 - 0. C. Thomas Voss - Reinstatement of License with Re quest to Waive Exams (dlbla "Voss Carpentry, Inc.') Chairman Boyd noted the Applicant had applied for a reinstatement of his Carpentry Contractor's License and had also requested to waive the requirement for testing. Thomas Voss stated he had planned to move to Tennessee but changed his mind because of limited opportunities for work. "I'm a better framer than I am a farmer. I'd like to get my license back." Vice Chairman Lantz: You are licensed in other jurisdictions -- correct? Thomas Voss: Lee County, Sanibel, Port Charlotte, Cape Coral. Vice Chairman Lantz: Have you been - did you have any break in your license in those places? Thomas Voss: I had Fort Myers and Sanibel - I kept those going. Recently, I picked up Cape Coral and Port Charlotte. Richard Joslin: Why didn't you keep Collier going? Thomas Voss: I didn't think I was going to come back down but I have a few builders in Fort Myers who are coming back and building in Collier County. Matthew Nolton: When you came back to Florida, you thought you would work only in lre County? Thomas Voss: Yes, Lee County. Chairman Boyd: My problem with this lack of testing is - I just spent fifteen hours renewing my Continuing Education, and I know you did ... (indicating other Board 4 Vice Chairman Lantz: I'11 bring this up again because this is my standard thing when we come to this topic ... (to Staff) If he never had a Collier County license, what would we be this position right now? Everildo Ybaceta: No. Vice Chairman Lantz: Okay ... so I'11 make a motion ... Terry Jerulle: Can I ask a question? Last week and the week before, had you researched if he had any prior tickets or problems? I don't see anything here whether he has or hasn't. Have you ... Everildo Ybaceta: He has not had any prior ... complaints against him. Terry Jerulle: Any violations? Everildo Ybaceta: No. Terry Jerulle: Thank you. Seprember 19, 2018 members, Richard Joslin and Terry Jerulle) - we do that every two years. Even though it's a pain, I usually learn something. Vice Chairman Lantz: Carpenters don't have to do that. Chairman Boyd: I know they don't. But the last time he took the test was in 2004 (Business Procedures exam - 2O04 - Score: 80%) (Carpentry Trades test - 2005 - Score: 80%) Vice Chairman Lantz: Have you been actively working as a framer? Thomas Voss: Yes. Vice Chairman Lantz: Just not in Collier County? Thomas Voss: Just not in Collier. I used to do a lot for Harborside Custom Homes. Vice Chairman Lantz: And what kind of work do you do ... all new construction ... additions? Thomas Voss: New construction, yeah, no commercial. Chairman Boyd: Are you a one-man operation or do you have people working under you? Thomas Voss: Me and my wife. Terry Jerulle: What kind of carpentry? Thomas Voss: I do trim - that's what I came back to do ... I got out of the framing part Chairman Boyd: You're probably mainly working as a sub under a G.C. - not really looking for... Thomas Voss: I'm not building houses? No. Chairman Boyd: No. Thomas Voss: I just do the trim, windows, and doors. Vice Chairman l-antz moved to approve reinstating Thomas Voss' Carpentry Contractor's License and his request to waive the testing exams. Matthew Nolton offered a Second in support of the motion. Carried unanimously, 5 - 0. D. Marc Jimeson - Review of Experience (Rooftng Contractor) and Credit Review (d/bl a "J.P. Rooftng, LLC') Everildo Ybaceta noted Mr. Jimeson was not present. He stated he spoke with Marc Jimeson on Tuesday, September 186, who indicated he would attend the Hearing. He further stated he gave the address of the Administrative Building and the time of the Hearing to Mr. Jimeson. Consensus: The case was tabled - to be reviewed at the end of the proceeding IX. OLD BUSINESS: A. Jeffrev Bumpus Misconduct of State-Certified Contractor: E xpired Permits Update (dlbla "Northern Breeze Air Conditioning, Inc.) Chairman Boyd asked Everildo Ybaceta for an update. Everildo Ybaceta: We - Assistant County Attomey Kevin Noell, Contractor's Licensing Compliance Officer Reggie Smith, Joshua Lenio, and I - met with Mr. 5 September 19, 2018 There was a discussion between the Board members and the Staff: o Conceming how Jefftey Bumpus could obtain access to the various properties to allow inspections to take place. It was noted he was a properfy manager for the two communities involved. . When asked if Mr. Bumpus had renewed his license, Everildo Ybaceta stated he had not seen a renewal but would check on the status of Mr. Bumpus' license. o Chairman Boyd noted Mr. Bumpus wouid need a cunent license to pull new permits or reactive expired permits. . It was further noted that since Mr. Bumpus is a state-certified contractor, he would normally renew with the State of Florida before he renewed with Collier County. . Assistant County Attorney Noell stated since the goal was compliance and the close-out of the permits, the County would not have taken an action on Mr. Bumpus' license for the sake of the homeowners. e Everildo Ybaceta confrmed that Jefftey Bumpus did renew his license with the State of Florida. Joshua Lenio and Reggie Smith were sworn in by the Attomey for the Board. 6 Bumpus to discuss his lack of progress. We also discussed the timeline and a finite number of days to accomplish clearing the permits. Mr. Bumpus stated he could work with the timeline and the County's expectations. Mr. Ybaceta continued: Since the meeting, Mr. Bumpus has come into the office quite a bit. He has met with Mr. Lenio who will give us an update. Assistant County Attorney Noell: I think it was clear through our conversation that Mr. Bumpus was able to see the bigger picture. Richard Joslin asked when Mr. Bumpus was required to wrap up - he understood that Staff was working with Mr. Bumpus to expedite the processing of the permits but stated something needed to be resolved after over six months because the homeowners still had expired, open permits. He asked Staff if the homeowners had been contacted. Everildo Ybaceta: No, we have not contacted them yet. It is difficult because we would have to find the homeowners and their telephone numbers. It is possible that ownership of a property may have changed several times already. The County does not have co[ect information but could issue a ]etter of explanation. Yice Chairman Lantz: Are you saying the Counly will do that or ...? Everildo Ybaceta: At the Board's discretion, I can but it is diflicult to do. Assistant County Attorney Noell: That's one of the issues that the County will look at because I'm sure, as the Board knows, and as difficult as this is to say - it's also the homeowners' responsibility. Obviously, in this situation, we don't want to put that type ofonus on the homeowner, who may be less sophisticated than the contractor, to make sure that permit was closed-out and the contractor was doing his/her job. There are a number of expted permits in the system to be addressed. Additional stalf is needed to filter through the permits. There has been some movement and Mr. Bumpus was advised of today's hearhg. Vice Chairman Lantz asked how many inspections have been called in to date. September 19,2018 Joshua Lenio explained there were nine expired permits which the County re-opened. He stated a few modifications were made to a1low Mr. Bumpus to schedule ilspections without paying additional fees. lnspections had been scheduled by the County, but Mr. Bumpus was not comfortable with the dates and cancelled them. Of the nine permits that were in "Ready for Issuance" status, only two inspections have been completed. Mr. Lenio further explained of the twenty-seven permits which were in "void" status, Mr. Bumpus has re-applied for fourteen. "A majority are issued, some are under review and three are final." Thirteen permits remain to be re-appiied for; the total number of permits to be closed out is 22. Chairman Boyd asked how many permits were still in "void" status and the response was thirteen. Matthew Nolton: Prior to your meeting, it appeared that Mr. Bumpus was not actively doing anything to resolve this situation. He asked Staff if their opinion was that Jeffrey Bumpus was trying. Joshua Lenio: Based on what he has done, I would say that he has taken a much bigger step than in previous months. Terry Jerulle: What is the County's recommendation? Everildo Ybaceta: Based on his history and what he has done in the past two weeks, I would suggest givilg him an additional thirty days to close them out. Terry Jerulle: Does anyone want to make a bet that we'll still be dealing with this in six months from now? As I said last month, I don't want to "keep beating a dead horse," but I'm kind of done with him. I'd just as soon impose Sanctions and tum him in to the State. But you want to give him another thirty days? Matthew Nolton: We started this off with the County stating they had met with Mr. Bumpus and had given him a timeftame. What was that timeframe? Assistant County Attorney Noell: By today's meeting - all the permits should have been applied for. I also said the inspections would be completed once I leamed he was a property manager for the two communities involved. Terry Jerulle: Was he invited to that meeting? Assistant County Attorney Noell: Yes. Matthew Nolton: There is the other part that I don't realize ... we can all think what we want about Mr. Bumpus, but the County was not "clean" in this situation because it allowed this to happen. The problem is these are permits open for owners that need to be corrected at some point in time. Otherwise, the real estate transactions will become a problem. Of the County is working with him and believes he is actually doing something that we talked about - we need to get these permits cleaned-up somehow ... otherwise they will fall back to the owner and become the owner's problem. I recommend that we consider extending it for thirty days - even though we know we probably don't want to - in the hopes that he will clean up as many of these as the County can help him clean up. Richard Joslin: I think the County is working diligently with him to try to get them cleaned up. Everildo Ybaceta: I would, in the recommendation, yes - give him the thirty days. If he does not meet the thirty-day deadline, I will not be required to bring him before the Board because we will take the next step. Let's be done with it. The Board can give him a deadline and state ifhe doesn't meet it, then his license will go. ,7 September 19,2018 Richard Joslin: As of today, we can do that? Everildo Ybaceta: You could have done it before. I'm sorry, I'm sti[ faily new to this position. Richard Joslin suggested following the County's recommendation and extending the deadline for thirty days but stating if it is not met, the State will be requested to take further action agahst Mr. Bumpus. Matthew Nolton: What I heard was the County wotid take the next step and take him to the State without brilging him before this Board again. Everildo Ybaceta: Correct. Richard Joslin: But that wouldn't stop him from puiling permits here. Everildo Ybaceta: It would - if he doesn't meet the deadline, it basically turns offhis license. Chairman Boyd: I don't thfuk he wants to pull permits anyway. Everildo Ybaceta: That's true, too. Chairman Boyd: That being said - he could still do "service" because you don't need a permit to do service. Can we restrict him from even working in the County? Everildo Ybaceta: We can't restrict him from doing work that does not require a permit. But at the point where we close his license here, I must refer his case to the State. That's the selling point on ttris - Mr. Bumpus doesn't want to go before the State. I think Mr. Schleck can give the Board some advice. Jed Schneck, Attorney for the Board: For State-certified contractors, the Board has only two options to use for penalties. One, the Board can deny all permit-pulling privileges in Collier County or place a condition to limit his privileges ... for example, restrictilg him to just those outstanding permits. The second part is the recommended penalty to the State which could include revocation ofhis license, levying a fine of a specific dollar amount. If the Board decided to give him another thirty days, I would recommend that he come before the Board then to give him notice again and allow the Board to make the proper Finding of Law on the penalty. This is the second phase of the Administrative Hearing process which started back in March. You found him guilty of the violation. Now we are trying to determine whether the County can gain compliance and, if not, what the penalty should be. Richard Joslin: We would give him deadline and we would then have to act on that motion. If he doesn't do it, there would be no reason for him to come back before us. Vice Chairman Lantz moved to approve restricttng Jeffrey Bumpus' permit pulling privileges to the outstanding permits of record, i.e., expired or void, anil allowing him an additional thirty days to brtng all the permits to final status. At the enil of that peiod, if the permits are not finalized, a recommendation for further action will be made to the State of Florida. Richard Joslin offered a Second in support of the motion. Carried unanimously, 5 - 0. Chairman Boyd noted Mr. Jemison was present and the Board wouid hear the previously tabled case under Item VIII, "New Business,,, 8 September 19,2018 VIII. NEw BUSINESS: D. Marc Jimeson - Review of Experience (Roofing Contractor) and Credit Review (dlbl a " J.P. Ro ofing, LLC') [Mr. Jimeson was sworn in by the Attomey for the Board.] Chairman Boyd noted Mr. Jimeson had applied for a Roofing Confactor's License but there were questions concerning his experience and his credit. Marc Jimeson stated: . He has been roofing for the past twenty years in Colorado, Texas, and Oklahoma. The negative credit is on his personal credit report. He stated he was divorced three years ago, and the bills were the responsibiliry ofhis former wife to pay.. His partner is the financially responsible party for the company. Terry Jerulle asked Mr. Jimeson if he was trying to license the company or himself. Marc Jimeson: I work with Jose Perez aIJ.P. Roofing, ZIC and I was going to be the license holder. Terry Jerulle: And what is your relationship to that company? Marc Jimeson: I work as the Production Manager. Terry Jerulle: Isee. Youdon't own any shares of that company? Marc Jimeson: No. Richard Joslin: Are you able to sign any checks? Marc Jimeson: No. Vice Chairman Lantz: Is that a requirement? Richard Joslin: I beLieve it is - 10 percent. Marc Jimeson: We opened in SunBiz ... something in Florida... it's in ttris packet ... about ten percent but I'm not on the bank account to sign checks. Vice Chairman Lantz: Doesn't he have to be an authorized check signer? Everildo Ybaceta: No, he does not. Matthew Nolton: I'm confused - now you said ten percent. Does that mean you do have ten percent ownership? Marc Jimeson: I'm not sure how that works but we opened a new business for Florida ... I have all the paperwork to get a license in Florida and something I signed said it was ten percent. Terry Jerulle: So, this is the proof that you claim you know what you signed and what you're doing? Because you're qualifying a roofing company that is going to be taking money in the form of deposits from the citizens of Collier Counfy? And you're 9 September 19, 2018 fmancially responsible for that? It's important to me that you know the answers to these questions - especially in light of your low credit score. Marc Jimeson: Okay. Richard Joslin: To have check writing capacity in a business that you're going to license would be something, I think, would be smart only because of the bills that will be sent to that company and that you will be responsible for ... you can understand that - right? Marc Jimeson: Yes. Richard Joslin: That license will tie into creditors that you will pay for that company and if the person who does sign checks doesn't pay those bills - they will come after you. I would think that would be something that you would want to do. Terry Jerulle: And want to know Yice Chairman Lantz: How long have you worked for J.P. Roofing? Marc Jimeson: Almost eight years. Vice Chairman Lantz: And do they do work just in F1orida... or... ? Marc Jimeson: No, in Oklahoma City, Texas, and in Florida. Vice Chairman Lantz: And you set up a separate corporation in Florida? Marc Jimeson: fught. Vice Chairman Lantz: How many employees ...? Marc Jimeson: We have two residential roof crews and two office workers. Yice Chairman Lantz: And that's for ever],where? You guys travel between the states or you have two just in Florida? Marc Jimeson: Oh, we have one that's in Oklahoma City and they will travel when you need them. Richard Joslin: Who licenses the company now? Marc Jimeson: For where? Richard Joslin: For the roofing company you're telling me you want to license. Marc Jimeson: I'm trying to be the license holder - I took the tests ... and I got all the paperwork... Vice Chairman Lantz: So, right now J.P. Roofing is ... Marc Jimeson: ... that's what I'm trying to get ... is the license here ... that's what I,m here for. Terry Jerulle: Are you working... the question is whichjobs are you doing right now? Richard Joslin: And want to know if you have shares in the company which, obviously, you don't know. You want to have an interest in this company and its part of the Ordinance which says it is how you can quaiify a business. You're not qualifyilg your own business - you're qualifyirg someone else's business. We don't even know if you know the man - you may work for him, but money separates a lot of things. 10 September 19,2018 Marc Jimeson: Oh, we're working for Advanced Roofing in Fort Myers and Colonial Roofrng in Lehigh Acres. We have been here for about six months, but this is just to do some jobs for our own company. Terry Jerulle: So, you're subconhacting for a roofing contractor? Marc Jimeson: Right... that's what we've been doing while we've been here. Terry Jerulle: So, you're getting paid as a wage or being paid as a subcontractor? Marc Jimesonl Depends on which company that we're working for... I'm not sure how that part works. Terry Jerulle: Sir, you need to know these answers. It's hard for me... for me to be comfortable to give you a license, you need to know these answers. Marc Jimeson: WeIl, based on my roofing ... Terry Jerulle: It'sjust not a matter of getting a license and letting somebody else be in charge ofit ... we'll give you a license, but you have to be in charge and you need to know these answers. You'll be responsible for the quaLification of that company. Marc Jimeson: I don't know ... I don't understand the question on who we're subcontracting for ... we report to a couple of different companies ... and how they pay us ... I don't know if it's a subcontractor or ... Terry Jerulle: That's a basic question. I'm not trying to embarrass you, butit's a basic question that you should be able to answer. Marc Jimeson: Okay. A check to JR Roofing is what they gave us - one lump sum. Terry Jerulle: It sounds like you're acting as a subcontractor to a roofing contractor - or a sub-subcontractor il some cases ... it depends if the roofing contractor is working for somebody else. Marc Jimeson: Okay. Vice Chairman Lantz: I've been on this Board for ten-ish years. People don't come to us because they're bad roofers or bad builders or bad painters or whatever. You can be the best damn roofer out there. Typically, people come here because of the business side. Marc Jimeson: I'm new to this part in Florida, I haven't had to do ... Vice Chairman Lantz: Exactly. Marc Jimeson: ln Oklahoma and Texas, it's more of the insurance ... Vice Chairman Lantz: The business portion in Florida ... every state is run completely different. There are different business laws. For a roof ... for the most part, you do a roof the same way. If you're putting metal on, there's the same screw pattems or close enough ... come on, you can figure it out, You're smart enough to klow how to do a lot of rcofing ... Marc Jimeson: I took the busiless test and passed that also. Vice Chairman Lantz: People come to us mostly because they don't understand. You can give me a test on basket weaving and with the time enough to study, I guarantee I'11 pass it. But I don't know the frst thing about basket weaving. So, yes, you passed the test and that's a big plus but, from talking to us, you seem like you don't understand the 1aws. Marc Jimeson: I don't understand the question. He has a bank account under J.P. Roofing under Chase and he's 100% owner on that one. We just opened the one for Florida and we haven't used that one yet - and it is ten percent. So, this company 11 September 19,2018 Richard Joslin: So, you have a "J.P. Roofing" in the other state that you're from which he handles? Marc Jimeson: fught. Richard Joslin : And he' s licensed in that county and [censes that business tiere? Marc Jimeson: Right. Richard Joslin: And you want to have J.P. Roofing - basically the same company name - here? Marc Jimeson: Right. Richard Joslin: And you want to license it? Marc Jimeson: Yes. I want to be the license holder so we can pull permits and do busiless here. Terry Jerulle: There are a couple of things: He's working right now in roofing and he doesn't have a license. Richard Joslin: Exactly. That was my point. Terry Jerulle: By your own admittance, you were working as a roofer without a license. Marc Jimeson: We have done ... they guys that work with us also work for other companies under their license. Terry Jerulle: Ijust asked you specifically if you were a subcontractor or ifyou were getting paid by the company as an individual, and you said they give J.P. roofing a check. Marc Jimeson: Right, and then they pay ... Terry Jerulle: That is working as a subcontractor without a license. Marc Jimeson: Okay. Matthew Nolton: They're paying your company right no they are paying a company, not paying individuals ... and you're working for a roofing company, but they are paying a roofing company to work for them that is not Licensed. Richard Joslin: They may be licensed in Oklahoma, but they are not licensed here. tught? Marc Jimeson: Okay. Richard Joslin: That's the point. Matthew Nolton: What's Kneal Roofing? Because it says in the packet - that's where you worked from 2009 to 2015 ... not J.P. Roofing. Marc Jimeson: Right. Kneal Roofing is where I worked fust; that company dissolved but that's where I had the license for construction work in Oklahoma and that's where I got my experience. Matthew Nolton: So, that's where you worked before you came to Florida - Kneal Roofing? Marc Jimeson: I had worked there before. Then I sti11 worked in Oklahoma for J.P. Roofing also. Matthew Nolton: You worked for both companies at that time? 12 would be J.P. Roohng. September 19,2018 Marc Jimeson: No, I worked for J.P. Roofing and Kneai - it was still in Oklahoma ... and then ... Matthew Nolton: So, after 20i5 until now, you worked for J.P. Roofing? Marc Jimeson: Right. Richard Joslin: Who is the license holder for J.P. Roofing in Oklahoma? Marc Jimeson: It's Jose Perez ... it's not ... they don't require a license like this. Richard Joslin: They don't. That's the point that Terry Jerulle just made... that technically you are working - or have done work here n ow - I'm not sure - because there's been no testimony that says that - but technically, if you do work here, you are working as a subcontractor ... which means you don't have people on payroll who you are writing payroll checks to, or you're not receiving a payroll check from a company ... you are getting one big check and then you pay the people who helped you do the roofs or the work ... corect - that's how you're doing it? Marc .Iimeson: Yeah ... Richard Joslin: Which means you are working in this County, at the moment, without a license. You are contracting without a license which is not good. Marc Jimeson: Okay. Richard Joslin: I'm not sure if you know that or not or ... Terry Jerulle: If he took the test, he should know that. Richard Joslin: He should know those answer - correct? Terry Jerulle: I'm lookilg at Page 28 where it says "Oklahoma Roofing Contractor Registration" - Kneal Roofing and Construction, Keith Neal is registered. So, there is a license requirement in Oklahoma from what this says. Marc Jimeson: Yeah, it's a registration which is proof of liabiliry insurance and Workers' Compensation. Terry Jerulle: I'm going to summarize: I'm not comfortable with the packet that I have and some of your answers. And the fact that you're working for other roofing contractors without a license. Marc Jimeson: Okay, wel1, that's what I'm trying to do ... is get a license. Terry Jerulle: I understand that. Richard Joslin: Are you doing work here now? Have you done any work here yet? Terry Jerulle: He just said he's working for Advanced Roofing. Richard Joslin: Advanced Roofing has hted you as a subcontractor to do their roofs or some of their roofs or whatever? Marc Jimeson: fught. Richard Joslin: Okay. I would suggest that you ... Marc Jimeson: I stated that I'm helping with permitting and how their roofs because it's a little bit different in this area, but I had some experience doing roofing here. Everildo Ybaceta: Who is the gentleman in the audience? Marc Jimeson: The owner of J.P. Roofing, Jose Perez. [Mr. Perez was sworn in the by attomey for the Board.] Jose Perez: This is how we work ... they call us to do the roof. They got the license. 13 September 19,2018 Let's say you have a roof -- we know how to do the roof. You might be able to get the license easier, but we know how to do the work. Because that's something that we do. We're the workers. Richard Joslin: Okay... so bottom Line, technically, Advanced Roofir:g that hired you to go and do whatever roofs or whatever you can do, you are an employee of Advanced Roofing... Jose Perez: They put us on payroll. Everildo Ybaceta: Their payoll? So, you're an employee of Advanced Roofing? Jose Perez: Not an full employee a1l the time ... just for the work. Chairman Boyd: So, they're writing checks for each individual who you have working under you? (No response.) Matthew Nolton: Does J.P. Roofing have Workers' Comp. insurance? Jose Perez: We do but they don't require it because they use their own ... we are like working for them. We are not working for us ... working for them. You know that I know how to do a roof, so you will save me money. I put you on my payroll and that's how it is working. Matthew Nolton: I understand that but there are two distinct things. One is that you're on their payroll and they write the check to you as an individual or ... Matthew Nolton: ... I'm not talking about Workers' Comp right now ... I'm talking about payroll. Advanced Roofing writes a check to you as an ildividual or they write a check to J.P. Roofing. Jose Perez: They write checks to my workers, too. Matthew Nolton: For each of your workers? Terry Jerulle: That's not what his [Marc Jimeson] testimony was. Jose Perez: You own your company and you need more workers. You know I know how to do the work and I have more people, so wejust put them on your payoll. We're working for you. Matthew Nolton: I understand. Jose Perez: Then we try to get the license. We want to do jobs on our own ... we don't want to be doing jobs for somebody else. Matthew Nolton: I thjnk the Board - we understand what you're doing - is roofers need workers right now and you're providing the work force for them. You're here to try to get a license so you can become a Roof,rng Contractor and can contract with ildividuals and pull permits. Jose Perez: That way we don't have to work for somebody else - we do our own roofs. Matthew Nolton: We understand that. We were a little concemed and confused because of some of the statements made it appear that you were workhg as a company for other roofers versus working as individual labor. Jose Perez: I'm not very good with my English. I asked him to help get the license and that way we can start working. 14 lThere was off-microphone conversation between Mr. Perez and Mr. Jimesonl Richard Joslin: The other item is the credit score. You mentioned in your testimony that you went through a divorce and there were some things on your credit report that tie into the divorce. For the cell phone bill, is there a way to show that it belongs to your ex-wife rather than you, so it can come off your credit report? Marc Jimeson: I didn't know it was on there until I pulled the report. I was told by the Licensing Office that the Board wasn't concemed with that type of negative line item more than judgments and liens that affect the company. Richard Joslin: Can you give us a little insight on what the other items are that are bringing your credit score down so low? Marc Jimeson: I don't have that much credit - just the Chase credit card that was charged off for $700 and the Verizon bill ... those are the two items. Everildo Ybaceta: Since leaming of your credit scores, have you contacted these companies to get on a payment plan? Marc Jimeson: I contacted a credit repair service in Oklahoma City and she said she would be working on it - I don't know what's been done yet. I was just told within the Iast two weeks that it was denied because of the credit - that this application was denied. Matthew Nolton: Can you tell us what you did - what your role was at Kneal Roofing? Marc Jimeson: I did estimates, inspecLions, most of the paper work. met with the adjusters for residential inspections, production maflager, ordered materials, mostly helped the business owner. Matthew Nolton: He was the one who would write proposals and do the invoices to customers? Marc Jimeson: We both would do some of that. I would write the estimates and the bids. He would pay the vendors for materials and I would do the sales. Matthew Nolton: Did you actually do any roofing work yourself - furstallations? Marc Jimeson: I have - but not with them ... I've done hot tar roofing, shingle, I'm GiS-certified, HAAG engineering certification is what I have. Everildo Ybaceta: Are you aware of the Florida Buildhg Code requirements for roofs? Marc Jimeson: Yes. Everildo Ybaceta: Were you aware of the affidavits that were needed? Marc Jimeson: Yes. Richard Joslin: The goal of this Board is to try to get people licensed who the Board feels confrdent that they will be able to do thejob correctly for the residents of Collier County. Marc Jimeson: Yes, st. Richard Joslin: fught now, I'm having a hard time tryilg to frnd a way to give you a license with all the negative things you've ... Marc Jimeson: Well, I was kind of confused - what I was told from the licensing persons ald what questions you asked. I was prepared to come in here to talk about 15 September 19,2018 September 19,2018 those two items and I didn't understand what some of the questions that were asked ... don't know if it matters but J.P. Roofing as a company ... his credit rating ... Matthew Nolton: Frankly, for me, the credit rating is almost a non-issue. The experience, the conversation that we're having, and your knowledge is more the issue and that was also part of what was brought here. You're just not giving me that understanding or feeling about your experience. Marc Jimeson: I understand about manufacturer's specs and it's supposed to be installed here and he asked me about the Florida pattem ... I've been here since February. I Terry Jerulle: You mentioned you have some certiflcations? Marc Jimeson: Yes. Terry Jerulle: Do you have them with you? Chairman Boyd: He has listed HAAG certified ... Page 19 ... Marc Jimeson: I had some schooling ... for professional management or somethilg ... Terry Jerulle: Personally, what I would iike to see is for you to come back with some documentation from Advanced Roofing stating that you were not a sub and that your employees were paid individually, and that you've contacted the creditor agency about repairing your credit ... Marc Jimeson: Okay, I ... Terry Jerulle: ... because right now, I don't see myself as voting in favor of giving you a license. Marc Jimeson: I didn't work with Advanced Roofmg ... they worked with J.P. Roofing... Terry Jerulle: But you have testified that you were a subcontractor and then we have testimony that you were not a subcontractor ... I have two testimonies that are confusing, and I don't know which one to believe. I will believe documentation from Advanced Roofing. Then I would like to see that you've contacted the credit company. Marc Jimeson: You want the confrrmation from Advanced Roofing that J.P. Roofing as a company has done work for them? Terry Jerulle: Corect. Matthew Nolton: No, confirmation of how they did work - if they paid them as J.P. Roofing or if they paid them as individuals ... as employees ... is ... Marc Jimeson: Some of the guys that they paid individually and for J.P. Roofing ... Terry Jerulle: I've made my statement ... come back in thirty days with the documentation and that you contacted the credit company ... then I'd probably vote in favor. Right now, I don't see myself ... Marc Jimeson: Okay. Richard Joslin: I'm on the same fence ... Matthew Nolton: I'd add one thing to it ... I'd also like to know the ownership ... it's not clear at all where the ownership is ... Chairman Boyd: He's listed as a director on some of the paperwork ... Matthew Nolton: I understand that ... but he couldn't even tell us that he owns ten percent, or he doesn't own ten percent. That's a basic fact that any business person ought to know. l6 September 19, 2018 Richard Joslin: Just to let you know, on Page 41 ... under Section 8, there is a check by the statement, "I attest that I own at least ten percent or the corporation or limited liability company ..." I didn't see that on the Articles of lncorporation, but it is checked on that particular page. But it's a notice of election for an exemption, so I'm not realiy sure what ... Matthew Nolton: It says that ... it's great... but my point is if I'm in business and if I'm going to be one of the responsible people - I'd know what I own. Vice Chairman Lantz: I want to ask a couple of questions about how you plan on running the business. Marc Jimeson: Yes, sir. Vice Chairman Lantz: So, there are two J.P. Roofrngs - right? There's one in Oklahoma and there's one in Florida. Two separate companies? Marc Jimeson: No. Well, the one in Florida - it hasn't ... we haven't done anything. Vice Chairman Lantz: The gentleman behind you is shaking his head, "no." Between the two of you - I'm not trying to put you on the spot - but I just want to know the real answer. Marc Jimeson: We haven't done anything in Florida. Matthew Nolton: You said there's a paycheck in your truck to J.P. Roof,rng from one of those two roofing companies. Marc Jimeson: Right. Matthew Nolton: Is it to J.P. Roofing, LLC in Florida or to J.P. Roofing, the Oklahoma company? Marc Jimeson: Right. Matthew Nolton: To the Oklahoma company? Vice Chairman Lantz: So, the Florida company - you haven't done anlthing with that ... is that what you're trying to ... Marc Jimeson: Yeah, we just filed that paperwork ... the licensing ... Vice Chairman Lantz: Do you have a bank account? Marc Jimeson: No, not yet. Vice Chairman Lantz: Do you have Workers' Comp insurance or general liability insurance? In the Florida corporation's name, not in the Oklahoma Marc Jimeson: Right. Yes, yes, it is - there's two different ones. Vice Chairman Lantz: So, you have a Workers' Comp policy. Marc Jimeson: Yes. Vice Chairman Lantz: Let me ask you - and I'm not trying to be mean to you but how did you pay that policy? If you don't have a bank account, did you pay with cash? Marc Jimeson: It could have been from the other bank account. I don't have his credit ... I didn't make the payment, so I don't know much about that ... how that was paid. Terry Jerulle: You realize you're the Financial Officer as a Qualifier? Marc Jimeson: Right. Terry Jerulle: You are frnancially responsible I should say as a Qualifier. These are simple questions that you should know. t'7 September 19,2018 Vice Chairman Lantz: What my concem is - you will take a deposit from a company but it gets deposited into the Oklahoma account and then, conveniently, the Florida company has no money to pay its bills. Or maybe the Florida company is just in name only - you have a ficense but it doesn't actually do any work because the work is being done by the Oklahoma company. There are a lot of issues there with two companies having the same name and the same ownership in two different states. I don't know ... I would think ... what I would like to see is a detailed plan on how this will work because it's too easy to confuse - especially when you don't handle the money - but you're goirg to be responsible for the money. So, you're going to be on the hook. You know, if the business owes money - it's going to be you who will be on the hook. You can't say, "my partner handles the money ... he's responsible," - that's not the way it works in Florida. In Florida, the guy whose name is on the license card is the guy or girl who is responsible. Marc Jimeson: I understand, but I've worked with Jose for a long time and I'm confident in the financial part of it and being responsible for what he does. Terry Jerulle: And that's fine, but you should know a bit more about it since you will be responsible for it. By us giving you a license, we are telling Coilier County citizens that you're responsible for what happens. But you not knowing the answers, it makes us look foolish for giving you that license. Marc Jimeson: I understand that. Terry Jerulle: So, what I'm asking is to find out the answers ... come back with the documentation ... come back after contacting the credit agency to repair your credit ... and have a bank account and have insurance. These are some of the simple basic facts. Ia ttrirty days come back more organized and more informed, and then ask us for a license. Chairman Boyd: Was that in the form of a motion? Richard Joslin suggested tabiing the case and not voting on it. Matthew Nolton: He would be withdrawing his request ... his application ... is what he would be doing. Richard Joslin noted it was Mr. Jimeson's choice but suggested retuming with the information that Mr. Jerulle had discussed as well as an understanding of what he was going to do with the business. He explained to Mr. Jimeson that it was important since his livelihood as a Roofing Contractor could be on the line because with one improperly installed roof, the company could go bankrupt. Marc Jimeson: I understand that part - that I'm responsible for it. But my experience of working for him, I'm okay with that. Matthew Nolton: We understand that but, as a Board, you're not going to get approval right now. You need to go back and get this all thought out and organized, then come back and present it to the Board. Marc Jimeson: Okay. Matthew Nolton: So, do you want to withdraw this? Marc Jimeson: The second option ... to table. Chairman Boyd: We need an option to table. Chairman Boyd called for a motion. r8 September 19, 2018 Terry Jerulle moved to approve tabling the application until a future hearing. Chairman Boyd offered a second in support of the motion. Carried unanimously, 5 - 0. X. PUBLIC HB.I.nINc: (None) NEXT MEETING DATE:WEDNESDAY, Ocrosrn 17, 2018 BCC Chambers, 3'd Floor - Administrative Building "F, Govemment Complex, 3301 E. Tamiami Trail, Naples, FL There being no further business for the good ofthe County, the meeting was adjourned by order of the Chairman at 11:30 PM. COLLIER COUNTY CONTRACTORS' LICENSING BOARD MICHAEL YD,Chairman The Minutes were approved by the Chairman or Vice Chairman of t}le Contractors' Licensing Board on CL fol2a,r' l-? ,2018, "as submitted" I 9 - oR - "as amended' L-f t9 a/"i"tt