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CLB Minutes 10/21/2020 October 21, 2020 MINUTES OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD MEETING October 21, 2020 Naples, Florida LET IT BE REMEMBERED that the Collier County Contractors'Licensing Board, having conducted business herein, met on this date at 9:03 AM in REGULAR SESSION in Administrative Building " F," 3rd 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 Patrick G. White Joseph M. Coleman Robert P. Meister, III Excused: Michael E. Boyd ALSO PRESENT: Michelle Ramkissoon—Operations Supervisor, Contractors' Licensing Office Kevin Noell, Esq. —Attorney for the Contractors' Licensing Board Mike Ossario—Director, Code Enforcement, Collier County Government/Acting Contractor Licensing Supervisor Michael Bogert—Collier County License Compliance Officer Sally Ashkar, Esq.—Assistant Collier County Attorney -1- October 21, 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: Matthew Nolton, the Board Chairman opened the meeting at 9: 03 AM Roll Call was taken; seven (7)members were present in the BCC Chambers. Matthew Nolton moved for authorization to conduct the meeting. Richard Joslin offered a Second in support of the motion. Carried unanimously, 7—0. A quorum was established; seven (7)voting members were present. 2. AGENDA-ADDITIONS, CHANGES, OR DELETIONS: (NONE) 3. APPROVAL OF AGENDA: Patrick White moved to approve the Agenda. Richard Joslin offered a Second in support of the motion. Carried unanimously, 7—0. 4. APPROVAL OF MINUTES: A. SEPTEMBER 16,2020 Patrick White moved to approve the Minutes of the September 16, 2020 Meeting as submitted. Vice Chairman Jerulle offered a Second in support of the motion. Carried unanimously, 7—0. 5. PUBLIC COMMENT: (None) 6. DISCUSSION: Mike Ossario, —Director, Code Enforcement, Collier County Government clarified that the Licensing Supervisor is out sick, and therefore, he has been designated by operations as the Acting Contractor Licensing Supervisor as of today for one day only. 7. REPORTS: (NONE) 8. NEW 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, 7—0. -2- October 21, 2020 (Note: The individuals who testified in the following cases under Item 8, " New Business," were first sworn in.) B. Diomig Delgado: Request to Qualify Second Entity (Current Entity: "Lux Enterprise, Inc.;Second Entity:Delgado New Home,LLC") Diomig Delgado provided background information: • Mr. Delgado's current entity does tile work and cabinet work. • Mr. Delgado wishes to Qualify a Second entity as he has opened a second entity which will consist of only him and his brother. • Under the second entity, he will be workers comp exempt and therefore be able to get less expensive workers comp under an insurance company rather than under a leasing company. Mike Ossorio recommended to the Board: • The application be tabled to the next meeting • That Mr. Delgado meet with him to discuss strategy and alternative options to effectuate the same purpose and which may negate the need for the second entity. Patrick White moved to approve tabling the Application to Qualify Second Entity to next month. Richard Joslin offered a Second in support of the motion. Carried unanimously, 7—0. C. Yvonne Barnicle: Review of Experience (Shutterman Services,LLC) Yvonne Barnicle provided background information: • Ms. Barnicle and her husband had been co-owners of a shutter business (Shutterman Storm and Security) for 20+years. • Ms. Barnicle and her husband have recently become divorced which gave ownership of the shutter business to the husband. • Ms Barnicle has started a new shutter business (Shutterman Services, LLC) and desires approval of her application. Kyle Lantz added: • Mr. Lantz had personal knowledge of Ms. Bamicle's experience and expertise as he had previously used her services to install shutters. • Mr. Lantz favorably vouched for Ms. Barnicle and recommended approval. Patrick White moved to approve Ms. Barnicle's Application. Joseph Coleman offered a Second in support of the motion. Carried unanimously, 7—0. D. Noslen Ulloa: Review of Credit Report(Bluefox Painting,LLC) Noslen Ulloa provided: • Mr. Ulloa is working with the creditor on a student loan forgiveness program. • Mr. Ulloa is agreeable to paying off Midland Funding and the other credit card debt. -3- October 21, 2020 • Mr. Ulloa is currently working for Worldwide Triathlon Corp. (Ironman) and travels frequently. • The purpose of this request is so that he can work locally and spend more time with his family. Mike Ossorio and Richard Joslin expressed concerns with regard to payment of his debts. After discussions,Kyle Lantz moved that as soon as proof is provided that the two debts are paid off his license be approved. Richard Joslin offered a Second in support of the motion. 6 approved 1 nay. Motion passes. 9. OLD BUSINESS: (NONE) 10. PUBLIC HEARING: (Note: The individuals who testified in the following cases under Item 10, "Public Hearing," were first sworn in.) A. NELICA KREKIC (DBA Nella K LLC): 2020—06—Misconduct Chairman Matthew Nolton indicated that he had prior involvement with this matter so he handed it over this portion to Vice Chairman Jerulle. Vice Chairman Terry Jerulle read the procedures to be followed in this proceeding. Patrick White added: 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. Michael Bogert, License Compliance Officer read the opening statement: • Nellie Krekic, a licensed Collier County paving block contractor,LLC20170000259 is the qualifier for and owner of Nella K LLC • Ms Krekic contracted and received payment for replacing a fence enclosure with a concrete structure at 5659 Rattlesnake Hammock Road without a permit where one was required • Ms. Krekic is in violation of Collier County Municode Section 22-201(2) which states, in pertinent part, it is misconduct to contract to do any work outside the scope of his/her competency as listed on his/her competency card and as defined in this ordinance or as restricted by Contractors' Licensing Board. • Ms. Krekic is in violation of Collier County Municode Section 22-201(18), which states, in pertinent part,that it is a misconduct by a holder of a Collier County -4- October 21, 2020 Certificate of Competency,to proceed on any job without obtaining applicable permits or inspections from the City building and zoning division or the County building review and permitting department. Michael Bogert requested that the packet(2020-06) be entered into evidence. Patrick motioned to approve accepting the packet of evidence (2020-06)from the County. Richard Joslin offered a Second in support of the motion. Carried unanimously, 7—0. Nelica Krekic and her husband testified: • They do not contest the complaint and accept full responsibility that they did not obtain the permit and for their actions. • They did not realize they needed to obtain a permit for the work. • Ms. Krekic is the license holder and qualifier. • They are willing to make restitution in monthly payments. Patrick White motioned to close the public hearing. Richard Joslin offered a Second in support of the motion. Carried unanimously 7—0. Patrick White motioned to find Respondent guilty with respect to both Counts Richard Joslin offered a Second in support of the motion. Carried unanimously 7—0. After extensive discussion among the board members,Kyle Lantz motioned that 1. Respondent be on probation for 24 months. If Respondent defaults in any manner with these terms,Respondent's license shall be suspended. There shall be no early termination of probation. 2. Respondent pay restitution in the amount of$7,117.50 and fines of$2,000.00 ($1,000.00 for each violation). A. The restitution shall be made in monthly minimum payments of$380.00 payable to the Condominium Association until paid in full. B. The $2,000.00 fines shall be paid within 24 months to Collier County by October, 2022. 3. Qualifier has to retake business law exam within 90 days and pass with a 75 or better. Patrick White offered a Second in support of the motion. Carried unanimously 7—0. 11. NEXT MEETING DATE: WEDNESDAY,DECEMBER 16,2020 BCC Chambers, 3rd Floor—Administrative Building" F, Government Complex, 3301 E. Tamiami Trail,Naples, FL -5- October 21, 2020 WEDNESDAY,NOVEMBER 18,2020 (Not Currently Scheduled) BCC Chambers, 3rd Floor—Administrative Building" F, Government Complex, 3301 E. Tamiami Trail,Naples, FL Patrick White motioned to adjourn the meeting. Richard Joslin offered a Second in support of the motion. Carried unanimously 7—0. There being no further business for the good of the County, the meeting was adjourned at 11:20 AM by order of the Vice Chairman. COLLIER COUNTY CONTRACTORS' LICENSING BOARD c RRYJF ILLE, Vice airman The Minutes were approved by the Chairman or Vice Chairman of the Contractors' Licensing Board on , 2020, (Check one) "as submitted" [ 1 or "as amended" F 1 -6-