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CLB Minutes 03/17/2021 March 17, 2021 MINUTES OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD MEETING March 17, 2021 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," 3rd Floor, Collier County Government Complex,Naples, Florida, with the following Members present: Vice Chair: Terry Jerulle Members: Richard E. Joslin Patrick G. White Joseph M. Coleman Todd Allen Robert Meister III Excused: Matthew Nolton Kyle Lantz ALSO PRESENT: Kevin Noell, Esq. —Attorney for the Contractors' Licensing Board Timothy Crofts—Contracting License Supervisor Colleen Kerins—Assistant Collier County Attorney Michelle Ramkissoon—Operations Supervisor, Contractors' Licensing Office Michael Bogert—Collier County License Compliance Officer -1- March 17, 2021 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: Terry Jerulle, the Board Chairman opened the meeting at 9:00 AM Roll Call was taken;six (6) members were present in the BCC Chambers. • Matthew Nolton —Excused Absence • Kyle Lantz—Excused Absence A quorum was established at roll call;six (6) voting members were present. 3. APPROVAL OF AGENDA: Mr. White moved to approve the agenda;Mr. Joslin offered a second in support of the motion. Carried unanimously 6-0. 4. APPROVAL OF MINUTES: A. MARCH 17, 2021 3 oak Coleman moved to approve the Minutes of the February 17, 2021 meeting. Patrick White offered a Second in support of the motion with one exception of Mr. Joslin's first name was put instead of Mr. White's in three areas. He asked for the corrections to be made. Carried unanimously, 6- 0. Minutes were approved as amended. 5. PUBLIC COMMENTS: (None) 6. DISCUSSION: A. Richard Joslin asked regarding the test being printed in Spanish as well as English. Mr. Crofts advised they are still working on it and should have it by the next meeting. 7. REPORTS: - Timothy Crotts congratulated Mr. Robert Meister on his reappointment to the Board. -Mr. Crotts introduced Colleen Kerins as Collier County Assistant County Attorney. -Mr. Crotts introduced Timothy Broughton as one of the new contracting compliance officers. -Mr. White asked Mr. Crotts about the status of getting the orders that the Chair signs. Mr. Crotts advised they are still working on it and will have by next meeting. -Mr. Joslin asked for an update on the reading of The Finding of the Facts from the previous meeting. -Mr. Noell said he is hoping to have a finalized version soon in English and in Spanish. -2- March 17, 2021 8. NEW BUSINESS: A. Orders of the Board -Mr. White offered a motion to have Chairman sign orders of the board -Mr.Allen offered second in support of the motion. All in favor, carried out unanimously 6-0 Note: The individuals who testified in the following cases under Item 8, " New Business," were first sworn in by Candice Vieaux. B. and C. DANIEL DUPIUS - WAIVER OF TESTING REQUIREMENTS -Mr. Crotts stated Mr. Dupius had his contractors license since 2012 and he did not renew it in 2018. Mr. Dupius passed his County exams in 2008. -Mr. Crotts stated according to county ordinance, if license is expired for more than three years, they are required to take the exams again. -Mr. Crotts did not find any complaints against Mr. Dupius with his business. -Mr. Dupius stated he had no work and wasn't aware he needed to renew the license. -Mr. Dupius has been working for Abbey Carpet since 2004. -Mr. Dupius has decided at this time in his life he would like to own his own business. -Mr. Crotts recommends the board to approve his waiver of exams due to his good standing and no complaints issued against him. -Mr. White asked about his license in 2012 as an LLC. -Mr. Crotts stated Mr. Dupius held a tile and marble license, as well as a flooring license back in 2012. -Mr. Jerulle asked about continuing his education and Mr. Crotts advised it is not required because it is a specialty license. Patrick White moved to approve. Mr. Joslin offered second in support of the motion. Carried unanimously, 6— 0. D. HECTOR D. MARTINEZ-CADENA - REVIEW OF CREDIT -Mr. Crotts stated Mr. Martinez is before the Board for his review of credit. He currently has a bankruptcy and a credit score of 570. -Mr. Crotts stated Mr. Martinez went before the bankruptcy court and started making payments on April 17th, 2019 and agreed to repayment of debt for 60 months. -Mr. Martinez stated he wanted to apply for a tile and marble license and do his own thing. -Mr. Martinez said he had a girlfriend at the time and she had an idea of opening a dry cleaning drop-off store. -Mr. Martinez stated the company he was working for at the time was not paying him and was having financial issues. -Mr. Jerulle asked if Mr. Martinez filed the business and personal into the bankruptcy. Mr. Martinez stated that he did file both. -Mr.Allen asked if he was current on his payments that he agreed to in the bankruptcy. Mr. Martinez stated he was. -3- March 17, 2021 -Mr. Jerulle asked for assurance that his new company would not go into bankruptcy and stated Mr. Martinez has no experience in running a business. -Mr. Jerulle asked if Mr. Martinez has a business plan. Mr. Martinez stated he does not. -Mr. Jerulle made the statement that he is concerned that Mr. Martinez is struggling to pay debt. He is also worried about Mr. Martinez collecting deposits. -Mr. Martinez said the customer will be purchasing the materials and he wants to start small. -Mr. White asked if the dry-cleaning business was his girlfriend's, why did he have to file bankruptcy? Mr. Martinez said the business was in his name. -Mr. White asked Mr. Martinez how he would purchase tools. Mr. Martinez stated he has his own tools. -Mr. White stated that he did not think it was a failure on Mr. Martinez. Mr. White stated he thinks it was more on the company he worked for not paying him. -Mr. White suggested issuing Mr. Martinez a probationary license and to come before the board again in six months to review. Patrick White made motion. Richard Joslin offered a second in support of the motion. Carried unanimously 5-1. Mr. Jerulle did not approve. 9. OLD BUSINESS: (None) 10. PUBLIC HEARINGS Mr. White offered motion to open the hearing. Mr.Allen offered second in support. Carried unanimously 6-0. A. 2021-02 JOHN F. MARTIN - EVERLASTING INC (DBA) EVERLAST FENCE -Mr. Bogert issued his opening statement and submitted packet as evidence. -Mr. White made motion to accept the packet. Mr.Allen offered second in support. Carried unanimously 6-0. -Mr. Bogert stated Mr. Martin is owner of Everlasting Inc. Mr. Martin contracted and received payment March 28, 2020 for a fence installation at 576 l4`h Ave S. -Mr. Bogert stated from March 28, 2020 to August 19, 2020 there was sporadic communication between respondent and the property owner regarding fencing installation updates. -Mr. Bogert stated all communication ceased between the parties involved from August 20, 2020 to January 27, 2021. -Mr. Bogert stated that no work had been completed in that timeframe and Mr. Martin just applied for the permit on January 27, 2021. Permit was just issued March 16, 2021. -Mr. Martin is being charged with abandonment. -4- March 17, 2021 -Mr. Martin stated the permit has been issued and the guys are doing onsite work today. -Mr. Martin stated he could not obtain certain supplies from Pennsylvania and that was causing the delay. -Mr. Jerulle stated he is a contractor and has not had any issues getting product. -Mr. Martin stated there was communication and the project was not abandoned. -Mr. Todd Allen asked why the job was abandoned for 90 days and why there was no communication. -Mr. Martin stated that there were texts and emails between both parties, but he does not have them. -Mr. Martin stated the issue was obtaining the specialty products from the northeast and they were shut down. -Mr. Jerulle made statement that Mr. Martin could have searched elsewhere for the parts and submitted proposal to the owner. -Mr. White then asked for the county's perspective and how to handle the case. -Mr. Bogert stated he contacted Jared Fence out of Philadelphia, PA on March 16, 2021 and they were running twelve weeks behind. -Mr. Bogert said the homeowner is present and will speak. -Mr. White confirmed with Mr. Noell that county received the packet. - The county calls property owner, Joseph Welsh, to the podium. -Mr. Welsh stated he contacted the Better Business Bureau,filed police report, and sent emails with no response. -Mr. Welsh did say he has a property manager that could have been at the property. -Mr. Joslin asked if Mr. Welsh was advised of any delay and Mr. Welsh stated only early on. -Mr. Coleman asked if they have sought alternative contractors. Mr. Welsh said he did and they quoted lower price. Mr. Welsh said he was advised not to pursue. -Mr. White asked what Mr. Welsh is expecting. Mr. Welsh stated he would like the $3500 deposit back and his fence completed. -Mr. White asked if the fence was to be completed without the arbors, if they could keep the dogs contained. Mr. Welsh said he believed so. -Mr. Welsh said he will pay in full if it gets done in timely manner. -Mr. Martin said currently it will be ten weeks waiting for the supplies. Mr. Martin is trying to see if he can fly to Pennsylvania, rent a truck and drive parts back here. -Mr. Joslin asked Mr. Welsh if ten weeks would be acceptable. Mr. Welsh agreed. Mr. White motioned to close public hearing. Mr. Joslin offered second in support of motion. Carried unanimously 6-0. -Mr. White went over the motion stating the license would be on probation for one Year and Mr. Martin would pay a $1000 fine paid within 90 days. fine not paid within 90 days, the license will be revoked. Permit and the job at 576 14th Ave S in Naples needs to be completed in twelve weeks. If not complete, case will be presented to the Board. -5- March 17, 2021 Mr. White made motion to approve. Mr.Allen offered second in support, with a question pertaining to suppliers. Mr. Jerulle stated if there were delays with suppliers that it would be addressed at that time. Carried unanimously 6-0. BREAK FROM 10:23AM— 10:31AM Mr. Jerulle read the Finding of Facts B. 2021-03 JOHN F. MARTIN - EVERLASTING INC. (DBA) EVERLAST FENCE Mr. White made motion to open the public hearing. Mr. Joslin offered a second in support. Carried unanimously 6-0 - Mr. Bogert submitted packet into evidence. Mr.Allen made motion to accept. Mr. Joslin offered second in support. Carried unanimously 6-0. - Mr. Bogert stated John Martin contracted and received payment and performed worked at 4903 Catalina Dr. Unit 41 for fence installation without a permit. - Mr. Martin said he did apply for the permit, but it was not issued. Mr. Martin admitted he started the work before permit was approved. Mr. White also made motion to close public hearing. Mr.Allen offered second in support. Carried unanimously 6-0. Mr. White made motion to find Mr. Martin guilty. Mr.Allen offered a second in support. - Mr. White asked why Mr. Martin is in front of the Board and not just issued a ticket. - Mr. Crotts stated because Mr. Martin is a licensed contractor and did work without a permit and the county would like to impose sanctions. - Mr. Crotts will want to impose a $1000 fine to be paid in 90 days or the license will be revoked. Mr. Crotts also asked for probation for one year to run consecutive to any other probation. - Mr. White stated he wasn't sure there was authority to do that. Mr. White stated if County wants 24 months, they should just ask for it. - Mr. Martin states the work is completed and is awaiting inspection today. Mr. White made motion to impose $1000 fine to be paid within 90 days or license will be revoked. The work is to be completed within 90 days or case will be brought back before the Board. Mr. Martin will receive one year probation. Mr.Allen offered second in support. Mr. Jerulle proceeded to read the Findings of the Facts. -6- March 17, 2021 Mr. White made motion for amendment to include public reprimand. Mr.Allen offered second in support. Carried unanimously 6-0. Mr. Noell will investigate streamlining the Finding of the Facts to recommend it only needs to be read once. Mr. Joslin asked on the administrative complaint because the license number was different on both. Mr. White stated it was most likely a typo. Mr. Crotts clarified. 11. NEXT MEETING DATE: WEDNESDAY,APRIL 21, 2021 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 10:56 AM. COLLIER COUNTY CONTRACTORS' LICENSING BOARD 7 RRU E, Vice Chairman The Minutes were approved by the Chairman or Vice Chairman of the Contractors' Licensirig Board on /pipe, < zl , 2021, (Check one) "as submitted" { 1 or "as amended" I I 1 -7-