CLB Minutes 08/19/2020 August 19,2020
MINUTES
OF THE COLLIER COUNTY
CONTRACTORS' LICENSING BOARD MEETING
August 19, 2020
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," 3' Floor, Collier County
Government Complex, Naples, Florida, with the following Members present:
Chairman: Matthew Nolton
Vice Chair: Terry Jerulle
Members: Richard E. Joslin
Kyle E. Lantz
Robert P. Meister
Patrick G. White
Excused: Michael Boyd
ALSO PRESENT:
Tim Crofts — Supervisor, Contractors' Licensing Office
Michelle Ramkissoon— Operations Supervisor, Contractors' Licensing Office
Sally Ashkar, Esq. —Assistant Collier County Attorney
James Morey, Esq. —Attorney for the Contractors' Licensing Board
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August 19,2020
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.
1. ROLL CALL:
Vice Chairman Terry Jerulle opened the meeting at 9:00 AM and read the procedures to be
followed to appeal a decision of the Board.
Roll Call was taken; four(4) members were present in the BCC Chambers.
Vice Chairman Jerulle noted that Matthew Nolton, the Board Chairman, and Patrick
White, a Board Member, were appearing via telephone conference call. He moved for
authorization to conduct the meeting.
Kyle Lantz offered a Second in support of the motion. Carried unanimously, 6—0.
A quorum was established; six (6)voting members were present.
2. AGENDA-ADDITIONS, CHANGES, OR DELETIONS:
Timothy Crotts, Contractor Licensing Supervisor, announced the following changes to
the July15, 2020 Agenda:
(a) The following cases have been RESCHEDULED to the September Board Meeting:
(1) Elio Millet—Contesting Citation#11415,
(2) Henry Amen—Contesting Citations #10624 and 10625,
(3) Thomas R. Williams—Application to Qualify New Company under
Probationary Status
(b) The following cases have been WITHDRAWN by the County:
(1) Yvonne Barnicle—Review of Experience,
(2) Ricardo Texieria—Review of Credit Report and Request for Waiver of
Testing Requirements.
(3) Edwin S.Encarnacion—Review of Credit
(4) Javier Ayala—Review of Credit Report
(5) Case#2020-04: Board of County Commissioners vs. Ernesto E. Velasquez,
SWFL Facilities Management,Inc. —Misconduct
(c) The following case has been ABATED by the Contractor:
(1) Case#2020-05: Board of County Commissions vs. Frank J. Gordon,Peak
Construction
3. APPROVAL OF AGENDA:
Richard Joslin moved to approve the Agenda as amended. Kyle Lantz offered a Second
in support of the motion. Carried unanimously, 6—0.
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August 19,2020
4. APPROVAL OF MINUTES:
A. FEBRUARY 19,2020
Patrick White moved to approve the Minutes of the February 19, 2020 Meeting as
submitted. Richard Joslin offered a Second in support of the motion.
Carried unanimously, 6—0.
B. JULY 15,2020
Patrick White moved to approve the Minutes of the July 15, 2020 Meeting as submitted.
Richard Joslin offered a Second in support of the motion.
Kyle Lantz noted Patrick White did not attend the July 15th meeting and did not think he
could vote to approve the minutes.
It was also noted the July meeting was not an official meeting — it was not held due to a
lack of quorum.
Patrick White stated he was approving the documents as a formality.
Carried unanimously, 6—0.
5. PUBLIC COMMENT:
(None)
6. DISCUSSION:
A. 2006-46—Section 2.11: Emergency Restricted Certificates of Competency
Timothy Crotts stated the purpose was to begin a discussion in the event of the
occurrence of an unfortunate natural disaster, such as a hurricane, and how it could
potentially affect the Contractors' Office Licensing Staff as well as the Contractors'
Licensing Board.
(1) Emergency Meeting: During Hurricane Irma, an Emergency Meeting was held
on September 8, 2019 which was two days prior to the Hurricane striking. County
Ordinance #2006-46, Section 2.11, allowed the Contractors' Office Licensing
Supervisor to issue restricted Certificates of Competency. If the County or the
City of Naples declared an emergency,the Board would hold an emergency
meeting to decide if Certificates of Competency should be issued to qualified
contractors may be needed in the aftermath of such a disaster but who may be in
short supply locally.
Supervisor Crotts noted during the September 8th meeting, a motion was made to
allow such Certificates to be issued for tree trimming and removal for a period of
sixty (60) days, although the Ordinance allows such Certificates to be issued for a
period of up to six months. The status of the Emergency Order was reviewed on
September 18th during the regular Board meeting to determine if the Certificates
needed to be extended or if other trades should be added.
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August 19,2020
Mr. Crotts stated one of the issues to be discussed is what trades should be
considered for issuance of Emergency Certificates of Competency. The licenses
will be issued by the Contractors' Licensing Office by Staff. The Contractors will
be required to complete an application which contains all required information.
Under the Ordinance,the only contractors who would qualify for an Emergency
License are those who are also licensed in other jurisdictions which meet Collier
County's standards. The contractors must provide proof of liability insurance and
Workers' Comp coverage. He further stated that during the Hurricane Irma
emergency, approximately 127 additional licenses were issued for tree trimming
and removal, as well as a few for roofing.
Vice Chairman Jerulle asked if a contractor were licensed for tree trimming in
Lee County, would that contractor be eligible for an emergency license.
Supervisor Crotts stated if a contractor's license met Collier County's standards
a temporary or emergency license could be issued to that contractor.
Vice Chairman Jerulle: So, a Landscaper in Collier County may not qualify?
Supervisor Crotts: A Landscaper would qualify because a Landscaping
Restricted License allows for tree trimming and removal.
Vice Chairman Jerulle asked if subcontractors were also included.
Supervisor Crotts confirmed they were.
Richard Jerulle: That would apply to any contractor from any County—correct?
Supervisor Crotts: Correct.
Richard Joslin: There were a lot of contractors from other areas.
Supervisor Crotts: And I think we all remember that one of the issues we had—
there were a lot of unlicensed, out-of-state contractors who came in and started
working. Staff went out and issued warnings and told them what they needed to
do. A lot of them did comply but a lot of Citations were issued to unlicensed
people. However, even though a Citation had been issued, it did not negate the
possibility of the contractor coming in to apply for an emergency license. The
Citation fine would have been reduced to $300. There were a number who did not
comply and there were several instances where multiple Citations were issued to
the same individual.
Vice Chairman Jerulle opened the floor to questions.
Patrick White asked for clarification concerning when the temporary license
would expire.
Supervisor Crotts stated the Ordinance allows any category of contractor or
subcontractor that was listed in the Ordinance could be issued a temporary license
which was not to exceed six months. The minutes of the September 2019 meeting
stated the licenses were initially issued for a period of sixty (60) days. The
decision was later reviewed to determine if the licenses should be extended based
on the extent of damage caused by Hurricane Irma.
Patrick White: I was present at that meeting. My question: If the Emergency
Declaration ends prior to the six-month rebuild, my understanding was the
emergency approval for those licenses ends at the same time.
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August 19,2020
Supervisor Crotts: You are correct, sir. That is correct.
Patrick White: Okay, I just wanted to clarify that.
Vice Chairman Jerulle asked if there were additional questions; there were none.
7. REPORTS:
Timothy Crotts:
• On June 19th,Mr. John Nuzzo who had been appointed to the Contractors' Licensing
Board by the Board of County Commissioners, resigned.
• On June 23rd, Mr. Lantz was reappointed to the Contractors' Licensing Board by the
Board of County Commissioners.
• Applications are being reviewed to fill the vacant position on the Contractors'
Licensing Board.
• Kyle Lantz asked if only one position was vacant and the response was two were to
be filled; one position was for Marco Island and the other was for the County.
8. NEWS BUSINESS:
A. Orders of the Board
Kyle Lantz moved to approve authorizing the Vice Chairman to sign the Orders of the
Board. Richard Joslin offered a Second in support of the motion.
Carried unanimously, 6- 0.
(Note: The individuals who testified in the following case under Item 8, "New
Business," were first sworn in by the Attorney for the Board.)
B. Richard A. McBride: Request to Waive Testing Requirements based on Experience
(Entity: "McBride Home Watch Services,LLC, d/b/a McBride Pro-Seal")
Supervisor Crotts provided background information:
• Mr. McBride previously appeared before the Contractors' Licensing Board on
October 17, 2018 to request a Waiver of the Testing Requirements based upon his
experience
• At the conclusion of the Hearing, Mr. McBride was granted a two-year
probationary Certificate of Competency for a Sealing and Striping Contractor's
License which was restricted to residential properties only.
• A copy of the Findings of Fact from that meeting was included in the information
packet provided to the Board members.
• The County's database had been reviewed; no complaints had been lodged against
Mr. McBride or his company,McBride Pro-Seal, for the period from October
2018 to the present.
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August 19,2020
Adrian McBride stated:
• He appreciated the opportunity to appear before the Board to request to be issued
a permanent license as a Sealing and Striping Contractor
• He requested a Waiver to the Testing Requirements due to injuries suffered as a
professional football player(NFL) and is part of the NFL concussion lawsuit.
• He had taken the Business and Law exam four times with scores ranging from the
mid-60s, 74, and mid-60s again. The passing score is 75.
• He has no employees, he works only in Collier County, and has maintained a
clean company with no complaints about his workmanship.
• He does not accept deposits and is paid by the customer only when the job has
been completed.
• He hired a CPA to ensure that vendors were paid correctly and on time.
Vice Chairman Jerulle stated he read Mr. McBride's letter which he deemed to be "very
complete."
Supervisor Crotts noted if the Board decided to issue a permanent license, it could be
restricted to residential properties only.
Richard Joslin noted since Mr. McBride had completed his probation without any
complaints, he would not have an issue granting a permanent license to the Applicant.
Patrick White asked whether the County had a recommendation.
Supervisor Crotts: The County's recommendation was for a full license be issued but
restricted to residential only.
Patrick White moved to approve terminating the probationary period and granting a
permanent Sealing and Striping Contractor's License to Mr. McBride, restricted to
residential properties only, based on the County's recommendation.
Chairman Nolton: I have hired Mr. McBride a couple of times to perform pressure
cleaning and sealing, and he did an excellent job.
Kyle Lantz offered a Second in support of the motion.
Discussion:
• Richard Joslin: If I read the packet correctly—you work alone—no employees?
• Adrian McBride: Yes, sir.
• Richard Joslin: Okay. Some of the testimonies stated you and"your team"—
but there was no Workers' Comp policy—that's why I was asking. But if you
work alone,that is fine.
Vice Chairman Jerulle called for a vote on the motion. Carried unanimously, 6—0.
[NOTE: The following three cases were rescheduled for the September meeting,per the
Amended Agenda.]
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August 19,2020
C. Henry Amen: Contesting Citation Number 10624
Citation Number: 10624 (Unlicensed General Contracting)
Date Issued: January 16,2020
Amount of Fine: $1,000
Violation:
Engage in the business or act in the capacity of a Contractor, or advertise self or
business organization as available to engage in the business or act in the capacity
of a Contractor without being duly registered or certified
D. Henry Amen: Contesting Citation Number 10625
Citation Number: 10625 (Commencing Work without Obtaining a Permit)
Date Issued: January 16, 2020
Amount of Fine: $1,000
Violation:
Commence or perform work for which a building permit is required pursuant to an
adopted state minimum Building Code or without such permit being in effect.
E. Thomas D. Williams: Application to Qualify New Entity under Probationary Status
9. OLD BUSINESS:
(NONE)
10. PUBLIC HEARING:
(NONE)
NEXT MEETING DATE: WEDNESDAY, SEPTEMBER 16,2020
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 at
9:30 AM by order of the Vice Chairman.
COLLIER COUNTY CONTRACTORS'
LICEN OARD
ARRY LSE ICE Chairman
The Minutes were approved by the Chairman or Vice Chairman of the Contractors' Licensing Board
on 9/ i G ,2020, (Check one) "as submitted" F�j or "as amended" [ 1
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