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CLB Minutes 12/16/2020 December 16, 2020 MINUTES OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD MEETING December 16, 2020 Naples, FL LET IT BE REMEMBERED that the Collier County Contractor's 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: Kyle E Lantz Robert P. Meister III Patrick G. White Michael E. Boyd Richard E. Joslin Jr. Joseph M. Coleman Todd Allen ALSO PRESENT: Timothy Crotts—Contractors' Licensing Supervisor Michelle Ramkissoon—Operations Supervisor, Contractors' Licensing Office Kevin Noe11, Esq—Attorney for the Contractors' Licensing Office Michael Bogert—Collier County License Compliance Officer • Sally Ashkar, Esq—Assistant Collier County Attorney 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 December 16, 2020 1. ROLL CALL: Timothy Crotts, Contractors' Licensing Supervisor introduced the newly appointed board member, Todd Allen. 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: Timothy Crotts made an announcement to delete Ray C Applebaum (#10A on the Agenda). Mr. Applebaum abated his permit issue. 3. APPROVAL OF AGENDA: Patrick White made a motion to amend the agenda to withdraw 10A. Motion was seconded by Kyle Lantz. Carried unanimously 7—0. 4. APPROVAL OF MINUTES: Matthew Nolton noted the following; "Let the Minutes show two additional board members showed up, Terry Jerulle and Joseph Coleman". A. October 21,2020 Richard Joslin moved to approve the Minutes of the October 21, 2020 Meeting as submitted. Kyle Lantz seconded the Motion. Carried unanimously 9—0. 5. PUBLIC COMMENT: (None) 6. DISCUSSION: A. ELECTION OF CHAIRMAN AND VICE CHAIRMAN Mr. Crotts stated to the Chairman, this morning you will be voting on New Chairman and Vice Chairman for the term of 2021 for Contractor Licensing. Both positions would take effective at the next board meeting in January 2021. Terry Jerulle motioned to retain the current position for Chairman. Motion seconded by Kyle Lantz and passed. Carried unanimously, 9- 0. 2 December 16, 2020 Patrick White motioned to retain the current position of Vice Chairman. Motion seconded by Joseph Coleman and passed. Carried unanimously, 9-0. 7. REPORTS: A. YEAR-END REPORTS Mr. Crotts,presented the year-end review of Cases, Opened and Closed for 10/1/2018 to 9/30/2019 & 2019-2020. Decrease in case total due to COVID and staff reduction. Difference between misconduct and code violations were discussed. Mr. Crotts further presented licenses for new contractors. 808 new state certified contractors registered with Collier County from 10/1/2019—9/30/2020. 175 new contractors for Registered, Journeyman and Specialty license registered for the same period. 2,811 contractors renewed their licenses, 504 have not renewed. The change in status for those yet to be renewed and the process was explained. Joseph Coleman asked for an approximate comparison to last year's renewals. Mr. Crotts replied he could provide the numbers at the next meeting. 8. NEW BUSINESS: A. ORDERS OF THE BOARD Patrick White moved to approve authorizing the Chairman to sign the Orders of the Board. Terry Jerulle offered a Second in support of the motion. Carried unanimously 9-0 (Note: The individuals who testified in the following cases under Item 8, "New Business"were first sworn in) B. ONELIO CABALLERO—WAIVER OF TESTING REQUIREMENTS Mr. Crotts explained the following: • Mr. Caballero was originally issued a certificate of competency in 2011. • License remained in good standing until 9/30/2016 when the license was not renewed. • Change of address was not updated with the County and so,the renewal notice was not received. • County located new address and resent the renewal notice. • His assistance maintained the business tax but was unaware that the license needed to be renewed. • Mr. Caballero is asking for waiver of the business and law exam. 3 December 16, 2020 Mr. Crotts recommended to the Board: • License to be reinstatement, submit full application and pay back fees. Patrick White moved to approve the waiver of business and law exam. Terry Jerulle offered a second in favor of the motion. Carried unanimously 9-0 9. OLD BUSINESS: (None) 10. PUBLIC HEARINGS: B. CASE #2020—08—MISCONDUCT CHRISINE RHODE—PARSONS (DBA) CHRISTIES LUXURY POOL BUILDERS LLC Patrick White asked that everyone be sworn in. (Note: The individuals who testified in the following cases under Item 10, "Public Hearing"were first sworn in). Chairman Nolton stated he would read the procedures to be followed for a Public Hearing and noted the process applied to both cases. Kyle Lantz made motion to open the public hearing. Richard Joslin offered a Second in support of the motion. Mr. Crotts requested that the packet(2020-08) be entered into evidence. Patrick White made motion to approve accepting the packet of evidence(2020-08)from the County. Richard Joslin seconded the motion. Motion passed. Mr. Bogert,License Compliance Officer read opening statement: • Respondent Christine Rhodes-Parsons holds a Collier County License for swimming pool maintenance and repair, Issuance 201700000517. • Qualifier and owner for Christies Luxury Pool Builders LLC. • Contracted, received payment and performed the scope of work for pool alteration without a permit where one was required. • Ms. Parsons in violation of Collier County Municode Section 22-201(2) • Ms. Parsons is also in violation of Collier County Municode 22-201 (18) The Respondent, Ms. Parsons gave opening statement: • A permit should have been obtained for the project. 4 December 16, 2020 • She agreed that she is guilty of the violation. William"Gino" De Congi, President of Huntington Lakes Residence Association and Lee Anne Bosch,Attorney for the same, both testified as to the nature of the complaint. Motion was made by Patrick White and seconded by Richard Joslin to submit the estimate into evidence given by Lee Anne Bosch. Objection was made by Ms. Parsons to the estimate being placed into evidence. Ms. Parsons gave further testimony. Motion was passed. Motion carried 7—1 Patrick White made a motion to close the public hearing. Richard Joslin offered a Second in the support of the motion. Motion passed. Kevin Noell, Attorney for the Contractors' Licensing Board presented allowable actions to the Board. \ A)-- After discussion among the Board members, Kyle La mote n ed t e following: ot)o•co • $1,000 fine per count for a total of$1;90-to be paid within one (1)year. • Pay$30,000 restitution to Huntington Lakes Association within one (1)year. • Take and pass a Business and Law exam within ninety (90) days. • Take 14 hours continuing education, specific to Business and Law within ninety (90) days. • Probation for two (2)years. Terry Jerulle offered a Second in support of the motion. Motion carried 7-1 C. 2020-09 Manuel E Blanco (dba B & B Investment Development Corp) Patrick White made a motion to amend the agenda to withdraw 10C. Motion was seconded by Richard Joslin. Carried unanimously 8—0. 11. Next Meeting Date: Wednesday, January 20, 2021 BCC Chambers, 3rd Floor—Administrative Building F, Government Complex, 3301 E. Tamiami Trail,Naples,FL. 5 December 16, 2020 There being no further business for the good of the County, motion was made to adjourn the meeting; Joseph M. Coleman seconded. Meeting was adjourned at 11:36 A.M. COLLIER COUNTY CONTRACTORS' LICENSING BOARD MEETING The M'nutes were approved by the Chairman or Vice Chairman of the Contractors' Licensing Board on I labi O -I , 2021, (Check one) "as submitted"[_I or "as amended"[_) 6 9)/2. 9/2 61 z -.) • /90 e/-6 ,..e...,/,,A / le v 4 bi-7 el 4t/ /-9-- 5e4/6 / � c�� :, i. di,,,,/ „ fo,e,", p#9-7 x 47 4 /217 e, , /- cit/ 1 G./ C 2 l � ,., --(1) ( 24/ -.' ----t- f\ r ti ,' bt, /„. ?,- (2.6fr , , p,,,,, , .,,, „ (/ .\0"-t* ,,P \ti,„°1 ) ° ./ 5/ ,,.. ,. ,..,... ., , .... . .„„..,,,,.:,..,.7,-- ,...,-,.-...ir7,---,--:":','-,'''-';'.."''''''':;''''. -r £ 4 l� r. > i ,,, - t x fa d t ,f i p Y S '' r ' yd Y R 44 :y�, C'S Y - '; 1 T rk� °c�i.�C rff v�`l r y � x . t 1 , s� �. ?i;„ i 1, )' i i t'y+ f ;', e 5 f! Y r , ,zC`£F+ < r as Mr r{+�p m t r� z L.x i a, r^ Y r 4 3 d i #,?..'" ..fir r ' a '�F.<5 ts�rN '�b,Y r s tp ly"[c .i - r �,j Y wk.,t .,.,ti f t I' lsfi 1 h y'fA PY4 i L rr (pk't+C A'. S4,I ^ . 4k"* _ �.,' 'i Fyr t�r`�-a,,,.9., *t�``P , ��� �, ' '�.'g°tr°rm�*F it . "� 1�" „��: *, '�'r.¢j "°''fr ,.v= `3 5�. rti 'u i '7'' �`, r�$ E ra''�' :? �Y �; -s"`#' rott�" w'' FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR CO MITTEE MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY 23 r � ��` COUNTY ❑CITY XCOUNTY ❑OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: DATE ONWHICH�OTEOCCURRED es �j�`'! CotLee' COuN,- I MY POSITION IS: �a, �d Gl✓y 1L4), '2,0 L 1 ❑ ELECTIVE X APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority,or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent,subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, --kQ Go/C , hereby disclose that on jAi.�avy 7iO ,20 Li : (a)A measure came or will come before my agency which(check one or more) !! inured to my special private gain or loss; inured to the special gain or loss of my business associate, • inured to the special gain or loss of my relative, • inured to the special gain or loss of Q C/i e4't# , by whom I am retained; or inured to the special gain or loss of ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: /1 S '.h irk Cyr �i ►-t'iS2tn'� G� a 6"4- t` ( 0-A-A-146 Redo .ale a,t&I 416c (/cv."teafri , If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. cli,,,,,LA 1/oo 202] c Date Filed Si_ ature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.