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CLB Minutes 01/20/2021 January 20, 2021 MINUTES OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD MEETING January 20, 2021 Naples, Florida LET IT BE REMEMBERED that the Collier County Contractors' Licensing Board, having conducted business herein, met on this date at 9:07 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 Richard E Joslin Jr Joseph M Coleman Todd Allen Excused: Michael Boyd ALSO PRESENT: Timothy Crofts- Contractors Licensing Supervisor Michelle Ramkissoon- Operations Supervisor, Contractors' Licensing Office Michael Bogart- Collier County License Compliance Officer Kevin Noell, Esq-Attorney for the Contractor's Licensing Office Sally Ashkar, Esq—Assistant Collier County Attorney - 1- January 20, 2021 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Department. 1. ROLL CALL Matthew Nolton,the Board Chairman called meeting to order at 9:07 AM. Roll call was taken; eight(8) members were present in BCC Chambers. A quorum was established; eight(8)voting members were present. Michael Boyd excused due to medical reason. Carried unanimously 8-0 2. AGENDA—ADDITIONS, CHANGES, OR DELETIONS: (NONE) 3. APPROVAL OF AGENDA: Patrick White moved to approve the Agenda. Vice Chairman Terry Jerulle offered a Second in support of the motion. Carried unanimously, 8— 0. 4. APPROVAL OF MINUTES: A. DECEMBER 16,2020 Vice Chairman Terry Jerulle pointed out an error on page 8 of the December 16, 2020 meeting. There is a 0 missing in the total amount of the fines,should be $2000 not $200. White motioned, Joslin seconded. Carried unanimously 8-0. 5. PUBLIC COMMENTS: (NONE) 6. DISCUSSION: • Timothy Crotts stated starting off the New Year,the staff would like to address attendance requirements. He stated they need a minimum of 5 to hold the quorum. By ordinance,he stated,they are required to hold at least 4 meeting per year. • Mr. Crofts also stated that any member that is not in attendance for one half of boards meetings, without an excused absence, shall be deemed to have given their resignation. • Mr. Crotts then stated if a board member is absent two consecutive times, without an approved absence,the chairman will need to submit in writing to the executive manager to the commission that the board member has failed to attend in a satisfactory excuse. • If there is an absence, it is up to the chairman to make the announcement if it is an excused absence at the meeting. -2- January 20, 2021 • Patrick White proposed to have the Mr. Crofts team research it further regarding in person or virtual attendance, Mr. Crofts agreed. • Mr. Crofts stated a board member will be deemed absent if they are not present for at least 75 percent of the meeting. The board will have to make the announcement when the person leaves and what the percentage of time they were there. • Patrick White suggested that the Chairman make the announcement when someone enters or leaves the meeting. Patrick White also asked what if someone files at 8b,which is conflict of interest, as to how that will be determined. The person can participate in the meeting but cannot vote, and the time will be counted. 7. REPORTS: Year End Reports • Mr. Crotts stated Contract License Renewals for 2019-2020 were: 2799 regular renewed, 733 did not renew. • Also stated end of 2020 and beginning of 2021 were: 2811 regular licenses renewed, 504 did not renew. • A lot of renewal were done online. • There was an extra push by staff to remind people by email,regular mail, and phone calls. • They are looking to go more paperless this year. Kyle Lantz asked if Mr. Crofts had a list of the emails for the contractors, Mr. Crofts said he did. Mr. Lantz agreed it was a good idea. 8. NEW BUSINESS: A. Orders of the Board Chairman Matthew Nolton needed a motion for 8A, signing orders of the board. Patrick White motioned; Kyle Lantz seconded. Carried unanimously 8—0 (Note: The individuals who testified in the following cases under Item 8, "New Business,"were first sworn in.) B. GUERRA HERNANDEZ GERARDO: CONTESTING CITATION 10687/ 10688 • Patrick White suggested to have Mr. Gerardo contest both at same time, Chairman Nolton agreed that would be an excellent idea. • Both parties were asked if they agreed to do so,they both agreed. • James Reynolds, investigator with Collier county Contractor Licensing was sworn in. • Mr. Reynolds stated he received complaints on December 28 from the adjacent business to Martinizing Laundromat regarding unpermitted construction on site. Mr. Reynolds said he made contact with the owner. He stated he was having six machines moved out back. -3 - January 20, 2021 • They contacted Mr. Gerardo and in meantime Mr. Reynolds took pictures and forwarded them to Mr. Crofts. Mr. Gerardo admitted he cut the pipes for around $200 and was asked if he had a license to do so. Mr. Gerardo stated he had mechanical license under his friend's company, and after the county researched found he did not. • Mr. Gerardo said he had license and could show them, Mr. Reynolds said he only produced license that was under Sun Biz. Mr. Reynolds told him Sun biz was just a state registry. • Mr. Gerardo demanded citations be thrown out because he was not seen doing the work. • Mr. Reynolds set up a meeting for Guerra to meet with Mr. Crofts, which did not occur. • Mr. Crofts asked to speak. He said he called Mr. Gerardo on December 31 letting him know that cutting pipes needed to have permit, and that he was not licensed and only registered with Sun Biz. • Mr. Crotts asked if Mr. Gerardo cut pipe and he stated he did, and at that point Mr. Crotts asked for a W-2 from his employer, he never produced the W-2's to Mr. Crotts. • Mr. Gerardo had no questions for the county and said he did not think what he did was a problem. • Mr. Gerardo stated he was helping a friend, and White questioned that he now says he is working for a contractor. • Patrick White asked Kevin Noell to look at the document. Mr. White said he has a receipt to operate a business, but no license. • Mr. Crofts called Fred Clum- asst chief building inspector to be sworn in. He was sworn in. Mr. Clump stated per violation Chapter 1, section 110.1-person still needs a mechanical license whether pipe is live or not, and there is no exemption for commercial work. • Patrick White said the citation seemed excessive, but the state cannot change the permit violation because it is the law. • Board agreed the citation for the license could be reduced from $1000 to $300 if he applies for a license, if he does not, he will need to pay the $1000. • Patrick White asked Mr. Gerardo if he understood and he agreed to get permit. • Kyle Lantz voted to uphold the citation, Mr. Joslin seconded, Mr. Jerulle thinks it is too much. • Patrick white asked Lantz and Joslin to withdraw their motion so Guerra can apply for license. • Mr. Crofts agreed to work with Mr. Gerardo to get him compliant to reduce citation from $1000 to $300. • The permit cannot be abated, so that will stay at$1000. • Patrick White stated to uphold the first citation and put the second citation on hold until Guerra completes the application process. A license does not need to be issued. He can still be approved or denied whether he passes exam or not. • Mr. Lantz and Mr. Joslin rescinded their motion. • Mr. White not satisfied with the motion. -4- January 20, 2021 • Mr. Jerulle motioned to uphold the no permit citation and to give him the application for citation 2 and complete within 45 days, and 45 days to pay fine. If Mr. Gerardo does not comply,the fine stays as is. Mr. Joslin seconded the motion. • Fred Clum suggested to uphold the permit fine, and for the second citation, says Mr. Gerardo should go before board again. • Mr. Jerulle said motion stands. • Mr. White asked to change compatible to the word completed. • Mr. Joslin seconds the motion. Carried out unanimously 8-0 FIVE MINUTE BREAK- 10:11 AM- 10:16 AM C. MR. NOLTON CALLS LIDUAN ABIN-Review of Experience • Mr. Crofts states respondent in front of the board for referral • Per Mr. Crofts,the respondent only has three years of experience, and the required amount is four years. • Mr. Crofts stated they asked him for W-2's from T Metro Construction, and the W- 2's they received were from T Metro Electric,that is why he was asked to come before the board. • Mr. Crofts asked that respondent not be issued the license. • Mr. Abin stated his father owns the company and is licensed in both the electrical and the construction. He also stated he started in the electrical, and that is why his W-2's states T Metro Electrical. • Mr. Abin states he has been with the company since 2016. • Mr. Abin stated he can get his payroll to be changed from Electrical to Construction. • Mr. Abin stated he is the supervisor at his father's company,but he wishes to start a company of his own. • Mr. Lantz asked Mr. Abin what he did at work, and Mr. Abin said he sees projects from start to finish. • Mr. Jerulle advised him to defer for another twelve months. Mr. Abin would like it now. Motion passed carried out 7-1 D. HUMBERTO MANUEL SANCHEZ: Review of Experience and Credit Report • Mr. Crofts stated respondent is seeking license that requires twenty-four months experience, and he has that. • Mr. Crofts states Mr. Sanchez needs to have a credit score of 660, but only has a 490. Report is reflecting delinquency with cars, credit cards, and phones. • Mr. Crofts states they do not want to approve the license. • Mr.Nolton stated the respondent has gone through the necessary experience. • Mr. White asked respondent what he intended to do with the license. Mr. Sanchez stated remodeling. • Mr. Jerulle stated he does not have enough experience there, but there were other licenses he could apply for. • Mr. White asked to continue, Mr. Sanchez agreed -5- January 20, 2021 • Mr.Nolton mentioned the bad credit. Mr. White stated he did not want to discuss that today. • Mr.Nolton stated that respondent needs to research what license he wants and to improve his credit. • Mr. Crofts recommended to withdraw. • Mr. White made a motion, Mr. Lantz seconded. Carried unanimously 8-0. • Kevin Noell-attorney asked Mr. Sanchez is he was ok with decision. Mr. Sanchez said he was. All in favor. Carried out unanimously 8-0 9. OLD BUSINESS: (NONE) 10. PUBLIC HEARINGS: (Note: The individuals who testified in the following cases under Item 10, "Public Hearings,"were first sworn in.) MR. NOLTON READ PROCUREMENT A. MANUEL E. BLANCO (DBA B&B Investment Development Corp): 2020—09— Continued from December 16,2020 Meeting—Misconduct—State Certified • Mr. Jerulle motioned to open public hearing. Mr. White seconded it. Carried out unanimously 8 - 0. Motion passes. • Michael Bogert- Collier County License Compliance Officer offers packet to board as evidence. • Mr. Bogert offered opening statement. He stated Manuel Blanco, a state certified general contractor license#2017-00000737, is the owner of B & B Investment Development Corp. • Mr. Blanco contracted and received payment for a re-roof at 972 Coconut Circle East. Mr. Bogert states that Mr. Blanco has failed his obligation as a contractor, as well as causing multiple building code violations. It has been 2 years and 6 months since final payment. Mr. Bogert stated that there had been several attempts made to contact Mr. Blanco, and the permit remains expired. • Mr. Blanco said he was aware of the allegation and does not contest the allegations. He stated he hired someone to do it last year, however, he has had two strokes and can no longer work. He stated to Mr. Crofts outside that he is willing to get this one last thing for the customer, and that it is not fair to customer. He states he will do the project himself if it is the last thing he does. He hired someone last year to do it and they did not, while he was in hospital. • Mr. Blanco said he would need 45 days to open permit back up and close it out. • Mr. Crofts stated it has never been inspected. • Mr. White moved to find respondent guilty due to him not contesting. • Mr. Lantz seconded. Carried out unanimously 8-0. • Mr. White referred to board attorney Mr.Noell if they could table the hearing for sanctions for 60 days until subsequent meeting. -6- January 20, 2021 • Mr. White made a motion, Mr. Lantz seconded. Carried out unanimously 8-0. B. MARLENE MILLET (DBA Millet and Sons Tile Inc.): 2021- 01 -Misconduct • Mr. Joseph Coleman removed himself from the case due to conflict of interest. He has filed a form 8B with the attorney and submitted to minutes taker and filed with clerk. • Mr. Jerulle motioned to open, Mr. White seconded • Marlene Millet sworn in • Mr. Noelle confirmed Ms Millett was present when chairman read guidance and instructions for hearing. She stated she was. • Mr. Bogert submitted packet into evidence. Mr. White made a motion. Mr. Lantz seconded. Motion passed. • Mr. Bogert stated Ms. Millet was a Collier County licensed tile and marble contractor that was contracted to do bathroom renovation at 1461 Golden Gate East. License # C35990 • Mr. Bogert stated she renovated bathroom without permit and it was never inspected. • Ms. Millet said she is not contesting that and that they did it. She plans to surrender her license. • County calls property owner,Guillermo Chen. He stated there were property damages. • Mr. Chen was sworn in. • Mr. Chen stated after three months, he detected leaking again. Mr. Chen had to pay $1700 to have repaired. Saying respondent still owes $686 and that he paid $1000. • Ms. Millet said she has receipt from 9/20/2020 saying the $1000 was for the repair. • Mr. Chen stated Ms. Millets husband would pay balance on 10/15/2020. • Motions to accept evidence Mr. White, Mr. Lantz seconded. All in favor. Motion passes. • Mr. Crofts asked for $1000 fine on both counts to be paid in twelve months. He also asked that if respondent wants to regain license,to have to appear before board. • Mr. Crofts stated if respondent does not relinquish license, they get put on probation for two years, and revoked for 90 days. • Mr. Crotts asked for$686 to be paid in restitution to the homeowner within six months. • Mr. White made a motion, Mr. Joslin seconded. Carried out unanimously 7-0. • Ms.Millet agreed to pay$686 to homeowner within 30 days or license will be revoked. • Mr. White motioned for$1000 on each account to be paid within twelve months. Mr. Joslin seconded it. All in favor, motion passed. Mr. Jerulle asked the attorney if the instructions can be in writing instead of having Mr. Nolton read them. Mr. Noell responded they need to be notified and they are looking in to condensing it and having it signed. 11. NEXT MEETING DATE: Wednesday February 17,2021 BCC Chambers, 3rd Floor- Administrative Building"F, Government Complex, 3301 E. Tamiami Trail,Naples,FL -7- January 20, 2021 There being no further business for the good of the County, the meeting was adjourned by order of the chair at 11:25 AM. COLLIER COUNTY CONTRACTORS' LICENSING BOARD The Minutes were approved by the Chairman or Vice Chairman of the Contractors' Licensing Board on ,11 11 , 2021, (Check one) "as submitted" [ \j or "as amended" F 1 -8-